is it legal/would a judge accept a guilty plea w/penalty of death?
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
March 28, 2024, 04:05:07 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  U.S. General Discussion (Moderators: The Dowager Mod, Chancellor Tanterterg)
  is it legal/would a judge accept a guilty plea w/penalty of death?
« previous next »
Pages: [1]
Author Topic: is it legal/would a judge accept a guilty plea w/penalty of death?  (Read 645 times)
© tweed
Miamiu1027
Atlas Superstar
*****
Posts: 36,563
United States


Show only this user's posts in this thread
« on: December 19, 2014, 02:33:52 AM »

suppose I commit several capital crimes in a jurisdiction that has the death penalty.  when arrested, I come to the decision that instead of fighting to live out my last 55 or so years in prison, I'd prefer to be executed.  I offer the prosecution a guilty plea on all charges w/ a death sentence.

what happens now?
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,157
United States


Show only this user's posts in this thread
« Reply #1 on: December 19, 2014, 07:19:38 AM »

As far as legal, probably.  A judge might reject the deal especially if the sentencing guidelines don't recommend the death penalty.  We had a judge reject a plea deal for our former sheriff earlier this week because it was too lenient according to the guidelines.
Logged
pbrower2a
Atlas Star
*****
Posts: 26,841
United States


Show only this user's posts in this thread
« Reply #2 on: December 19, 2014, 08:52:51 AM »

In practice a guilty plea is not so much a claim of innocence but instead a rejection of the charges against one. 
Logged
Grumpier Than Uncle Joe
GM3PRP
Atlas Legend
*****
Posts: 45,081
Greece
Show only this user's posts in this thread
« Reply #3 on: December 19, 2014, 01:38:50 PM »

I hope so.
Logged
Cory
YaBB God
*****
Posts: 3,709


Show only this user's posts in this thread
« Reply #4 on: December 19, 2014, 03:43:27 PM »

Logged
DemPGH
YaBB God
*****
Posts: 4,755
United States


Show only this user's posts in this thread
« Reply #5 on: December 19, 2014, 04:17:59 PM »

I hope no judge would ever accept that, but I'm sure there's some corner of 'Murica where that would fly. I would think there would be due process problems with something like that, personally. Could you say, "I don't want due process"? No, but then again, I'm against the death penalty.
Logged
© tweed
Miamiu1027
Atlas Superstar
*****
Posts: 36,563
United States


Show only this user's posts in this thread
« Reply #6 on: December 19, 2014, 05:22:57 PM »

I hope no judge would ever accept that, but I'm sure there's some corner of 'Murica where that would fly. I would think there would be due process problems with something like that, personally. Could you say, "I don't want due process"? No, but then again, I'm against the death penalty.

how is due process violated if the defendant proven to be of sound mind?  life in prison, perhaps in the horrors of solitary, is not obviously preferable to non-existence. 

there was a letter written a few months ago by a guy who was convicted of murder and sentenced to life w/o parole here in NY (effectively a non-death penalty state).  he's been in solitary for 25 years and spends 23 hours/day in a cell, never gets to see the sun, etc.  he wrote that even if the execution caused him a month of the most insufferable physical pain, he'd still prefer it to his current situation.

I'm against the death penalty as well, in the sense of executing people that don't want to be executed, but even execution doesn't offend me as much as these practices of forcing suicidal, life-term prisoners to stay alive via force-feeding and other forms of torture.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,784
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #7 on: December 19, 2014, 05:29:20 PM »

I don't see why not. A client controls their own case. If they choose to waive their due process that's their business. Plus, they'd still have the right to file a habeas petition after the fact if they jump through the hoops.
Logged
Cory
YaBB God
*****
Posts: 3,709


Show only this user's posts in this thread
« Reply #8 on: December 19, 2014, 09:14:06 PM »

I would want the death penalty over life in prison, and I would hope the judge would grant it to me if I were in that situation.
Logged
Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,577
United States


Political Matrix
E: -1.42, S: -0.52

P P P

Show only this user's posts in this thread
« Reply #9 on: December 19, 2014, 09:55:51 PM »

I would want the death penalty over life in prison, and I would hope the judge would grant it to me if I were in that situation.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.039 seconds with 11 queries.