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  1. #21
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    the Judge was not reneging on anything. The plea bargain was between the prosecutor (state) and Polanski. The parties (state and polanski) can reqeust a specific sentence be imposed, but the Judge is free to depart from the requested sentence if deemed necessary. When entering a plea, the Judge tells the defendant that, even though the prosecutor (state) can make a sentence recommendation, the Judge is free to depart from the recommensation.

    I had a claim where the defendant was on his 2nd DUI, and entered into a plea agreement with the state (me). I recommended 60 days in jail, and the judge sentenced him to 2 years. Nothing the defendant could do about it. he pleaded guilty, and was sentenced. The Judge did what the Judge felt was right, and allowed under the law.

    Polanski was going to get sentenced. He did not like the sentence, and he escaped from custody. No different than if he had broken out of jail after pleading guilty and before being sentenced.
    Last edited by mhailey; 09-29-2009 at 06:30 PM.

  2. #22
    Member ionthejester's Avatar
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    Quote Originally Posted by xman View Post
    Typical ... say "rape" and the worst, most vengeful, aspects in our natures rear their ugly heads.

    As Gugi mentioned mentioned that the 'victim' has long ago settled out of court with Polanski and considers the matter finished? Also, Polanski plead guilty for a plea bargain which the judge was about to renege on and that's why he fled the country. He has clearly displayed that he is no threat to the public in the last four decades. This case is far from open and shut.
    it's a dangerous game to play if you let people change legal action because of non-legal arguments (reconciled with the girl / is a successful director). It sets prior precedence that can be sited by others in their defense arguments which could eventually snowball and lead to a horrible get out of jail free card to someone you might not be so inclined to like.

    Quote Originally Posted by mhailey View Post
    You are incorrect. He is guilty of rape. "Consent" is irrelivant becasue she was under the age at which was legally able to give consent. He had sex with a 13 year old girl, and therefore raped her. It is that cut and dried.

    As far as his sentence, he should rot in jail, after he is forced to castrate himself with a rusted spoon.

    Matt
    Creative sentencing can be an interesting topic. With rape cases I always hear statements like this but I always have to question "What do we do to the women then?" We have to be consistent about our punishments as well as the the convictions if we expect to deter people from doing such things.

    Seeing you're from Aurora, CO I'm sure you're well aware of all the school teachers from the area (Parker for example) in the past couple of years that have been caught having sex with their students. A lot of them have been women committing the same crime Polanski committed. The rusted spoon castration technique seems a little less effective.

    We can't expect anyone to be deterred from committing such crimes if we are going to treat everyone different based off of social status, monetary value, or even gender.

    I tend to find that I get more upset about reduced sentencing and what not because it's always for some ridiculous reason such as the criminal is a sports player, famous entertainer, or rich person. If they reduced some gang member's sentence "because he never really had a chance growing up in that area" I'd be upset too but it seems almost as (if not more so) valid an excuse.

  3. #23
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    Quote Originally Posted by mhailey View Post
    As far as his sentence, he should rot in jail, after he is forced to castrate himself with a rusted spoon.
    From discussions with ex-prisoners, that part wouldn't be necessary as it would be taken care of automagically if he isn't held in isolation 24/7.

  4. #24
    Member ionthejester's Avatar
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    Quote Originally Posted by MichaelP View Post
    From discussions with ex-prisoners, that part wouldn't be necessary as it would be taken care of automagically if he isn't held in isolation 24/7.
    Oh yeah, I remember briefly discussing such in my criminology class in college. It seems that even convicted murders tend to look down on pedophiles with extreme distaste. It's odd the sense of 'morality' that can be displayed by some poeple as to what is acceptable and what isn't.

    I believe that's why Dahmer was killed in prison; the other things he did besides being a serial killer were too distasteful even to criminals.

  5. #25
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    Quote Originally Posted by ionthejester View Post
    "What do we do to the women then?" We have to be consistent about our punishments as well as the the convictions if we expect to deter people from doing such things.

    Seeing you're from Aurora, CO I'm sure you're well aware of all the school teachers from the area (Parker for example) in the past couple of years that have been caught having sex with their students. A lot of them have been women committing the same crime Polanski committed. The rusted spoon castration technique seems a little less effective.
    They should rot in jail, as well as be surgically steralized, and sewed shut.

  6. #26
    Member ionthejester's Avatar
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    Quote Originally Posted by mhailey View Post
    They should rot in jail, as well as be surgically steralized, and sewed shut.
    ... It might work... and it might get the civil rights lawyers in a tizzie.

  7. #27
    Super Shaver xman's Avatar
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    Quote Originally Posted by majurey View Post
    X, I don't think it's about whether he's a threat anymore. Even putting aside the debatable issue of whether he has paid his debt to society, there are strong arguments for making him see out his sentence.
    & ionthejester

    I agree. I'm just saying it's not cut and dry and you should maybe call off the lynch mob.

  8. #28
    v76
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    Quote Originally Posted by mhailey View Post
    You are incorrect. He is guilty of rape. "Consent" is irrelivant becasue she was under the age at which was legally able to give consent. He had sex with a 13 year old girl, and therefore raped her. It is that cut and dried.

    As far as his sentence, he should rot in jail, after he is forced to castrate himself with a rusted spoon.
    Matt
    Well, I'm talking about the "age of consent" not the consent itself; that's irrelevant. Rape is another charge, to which he didn't plead guilty. He pleaded guilty on "unlawful sexual intercourse", which is statutory rape. Basically, it's sex with a minor, not rape. In the circumstances, and by the laws of California, he's facing imprisonment in a county jail not exceeding one year, or by in a state prison for two, three, or four years and a fine of up to 25 000$.

    I know the semantics can and will **** off people... rapists and pedophiles should definitely get more time. At least, in the US the charges are consecutive, which is not the case in Canada.
    Last edited by v76; 09-29-2009 at 08:09 PM.

  9. #29
    Honesty... as a weapon oftenfacetious's Avatar
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    kind of a touchy subject i think......... seems to me that if someone went to such lengths (alcohol and half a quaalude ) to dominate a child ( she said no and it wasnt just conventional missionary position) while "photographing" her.... seems he is a huge predator and he escaped b/c he had money. wonder how many other people he directly affected the lives of...... most people guilty of that kind of crime dont stop. he should serve every bit of time that he would have those many years ago.

  10. #30
    Striving for a perfect shave. GeauxLSU's Avatar
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    As the father of two daughters and the step father of two more, he wouldn't have lived this long had it been any of mine.


    (I've been dyin' to use this one!)
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