OT Forbes: Are Innocent People Pleading Guilty? A New Report Says Yes

Discussion in 'Blazers OT Forum' started by dviss1, Jun 12, 2019.

  1. dviss1

    dviss1 Emcee Referee

    Joined:
    Aug 10, 2011
    Messages:
    29,346
    Likes Received:
    27,156
    Trophy Points:
    113
    Are Innocent People Pleading Guilty? A New Report Says Yes

    Defendants in federal cases face life changing choices once they have been charged, plead guilty and take a less severe penalty, or exercise their right to a trial and risk years (decades) in prison. It is no wonder that some have pondered whether innocent people are pleading guilty to crimes they did not commit.

    A new paper published by the National Association of Criminal Defense Lawyers (NACDL) "The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It." We may not know every amendment to the Constitution, but we all embrace the fact that in the U.S. everyone is entitled to a fair trial by a jury of our peers. However, going to trial can be a gamble with one's life. One conclusion reached by the NACDL was that "There is ample evidence that federal criminal defendants are being coerced to plead guilty because the penalty for exercising their constitutional rights is simply too high to risk."

    The Federal Sentencing Guidelines, which I have written about here before, provides for stiff penalties, even life sentences, for a number of crimes that are usually categorized as non-violent (drug offenses, white collar crime, etc.). Some have speculated that President Trump's former campaign manager, Paul Manafort, who is on trial for various fraud/tax charges, could face over 300 years in prison if convicted.

    I recently attended what was supposed to be a guilty plea in federal court in Boston. The defendant, who was there on various drug-related charges, sat as a federal judge explained that pleading guilty would amount to waiving his rights to a jury trial. The plea would likely render a prison term of 30 years ... so one can only imagine what the term would be if a jury trial resulted in a "guilty" verdict. The judge, to his credit, explained in great detail how much the government would have to prove in order to convict him and that a jury might find him innocent. The judge looked at the defendant and said, "Do you understand that?" To which the defendant replied, "I'd like to talk to my attorneys." The hearing was adjourned while the defendant considered his options. The point is, I have witnessed the struggles that people have when they choose to waive their rights when they plead guilty.

    Another case NACDL cited was that of Christian Allmendinger, another case that I have written about. Allmendinger was involved in a complex case of purchasing life insurance policies. He was partners with another guy, Brent Oncale. Onacle pleaded guilty and was sentenced to 10 years in prison. Allmendinger went to trial where Onacle testified against him ... he was found guilty and sentenced to 45 years in prison. Onacle had his sentence reduced to 5 years after testifying. It is disparities like this that are just a few of the reasons we have a growing issue with our criminal justice system
     
    Chris Craig likes this.
  2. Chris Craig

    Chris Craig (Blazersland) I'm Your Huckleberry Staff Member Global Moderator Moderator

    Joined:
    Jun 25, 2015
    Messages:
    53,586
    Likes Received:
    54,649
    Trophy Points:
    113
    Those prosecutors have to get those wins...who cares who takes the rap for the crimes right
     
  3. EL PRESIDENTE

    EL PRESIDENTE Username Retired in Honor of Lanny.

    Joined:
    Feb 15, 2010
    Messages:
    50,346
    Likes Received:
    22,528
    Trophy Points:
    113
    You mean a plea deal?
     
  4. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

    Joined:
    Sep 29, 2013
    Messages:
    19,584
    Likes Received:
    13,219
    Trophy Points:
    113
    Location:
    Las Vegas
     
  5. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

    Joined:
    Sep 29, 2013
    Messages:
    19,584
    Likes Received:
    13,219
    Trophy Points:
    113
    Location:
    Las Vegas
  6. Chris Craig

    Chris Craig (Blazersland) I'm Your Huckleberry Staff Member Global Moderator Moderator

    Joined:
    Jun 25, 2015
    Messages:
    53,586
    Likes Received:
    54,649
    Trophy Points:
    113
    Yes it does
     
  7. Natebishop3

    Natebishop3 Don't tread on me!

    Joined:
    Sep 17, 2008
    Messages:
    90,156
    Likes Received:
    52,173
    Trophy Points:
    113
    Location:
    Portland, OR
    The system is rigged. It has nothing to do with guilt and innocence. It's all about money.
     
    bodyman5000 and 1 likes this.

Share This Page