News of the WTF.
Oct. 4th, 2009 04:44 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
spiderplanetI was going to avoid this subject, I swear that I was, but Cokie Roberts calling for public execution seems excessive.
I do not believe that Roman Polanski should be given a pardon. I also don't think that he should be denied an opportunity to present his case.
The Fifth Amendment to the U.S. Constitution says:
I don't know if this is actually what happened, but it's the impression that I'm getting.
If the only reason that Polanski plead guilty or ever admitted any guilt in the matter was on the conditions of a plea agreement, and if that plea agreement was then unmade - then he didn't plead guilty. If then, the best evidence of his guilt was in his own legally irrelevant plea-agreement-confession to the crime, then Los Angeles County has a weak case.
It is my personal, unqualified opinion that the testimony of a thirteen year old girl is good evidence, but I don't know. It would make sense to me that Los Angeles County authorities would refuse a plea offer if their case was good, but again, I don't know. It looks like maybe a Los Angeles County judge fucked up in accepting a plea agreement that was too lenient.
Ultimately, the result might not be "fair."
With that said, the horrific and extremely disturbing details of this case are not enough that I wish that anyone should be forced to be a witness against him or herself, and it's definitely not enough that the judicial system should be modified to allow prosecutorial authorities an opportunity to change the terms of plea agreements at whim. Because one Judicial Authority fucks up is not justification to modify the entire criminal justice system to the detriment of the public.
He can still be tried for fleeing the country to avoid sentencing, but under absolutely ALL circumstances, he does get to present his case to a competent judicial authority.
To sum up, there are no exceptions to the Fifth Amendment - Especially not any that involve pitchforks.
Christ. This ended up way longer than I'd originally planned.
I do not believe that Roman Polanski should be given a pardon. I also don't think that he should be denied an opportunity to present his case.
The Fifth Amendment to the U.S. Constitution says:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
I don't know if this is actually what happened, but it's the impression that I'm getting.
If the only reason that Polanski plead guilty or ever admitted any guilt in the matter was on the conditions of a plea agreement, and if that plea agreement was then unmade - then he didn't plead guilty. If then, the best evidence of his guilt was in his own legally irrelevant plea-agreement-confession to the crime, then Los Angeles County has a weak case.
It is my personal, unqualified opinion that the testimony of a thirteen year old girl is good evidence, but I don't know. It would make sense to me that Los Angeles County authorities would refuse a plea offer if their case was good, but again, I don't know. It looks like maybe a Los Angeles County judge fucked up in accepting a plea agreement that was too lenient.
Ultimately, the result might not be "fair."
With that said, the horrific and extremely disturbing details of this case are not enough that I wish that anyone should be forced to be a witness against him or herself, and it's definitely not enough that the judicial system should be modified to allow prosecutorial authorities an opportunity to change the terms of plea agreements at whim. Because one Judicial Authority fucks up is not justification to modify the entire criminal justice system to the detriment of the public.
He can still be tried for fleeing the country to avoid sentencing, but under absolutely ALL circumstances, he does get to present his case to a competent judicial authority.
To sum up, there are no exceptions to the Fifth Amendment - Especially not any that involve pitchforks.
Christ. This ended up way longer than I'd originally planned.
