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Showing posts with label plea agreement. Show all posts
Showing posts with label plea agreement. Show all posts

Thursday, October 20, 2011

One year enough for placing baby in oven?

Someone posted about the recent sentencing of a man in California accused of putting his infant son inside an oven causing him second and third-degree burns. When I clicked on the link to read more about the news, I was in shock at the sentencing - just one year in jail including time served, which leaves him with a few more months in jail! My next thought was: is that really fair?

The accused was convicted of one felony count of child endangerment and one felony count of cruelty to a child, still only sentenced to one year. The incredible thing about the whole story: allegedly the man put the baby inside the hot oven to teach him a lesson about hot surfaces!!! The nerve of some people; yes, he does not deserve to be even called a parent.

Things like this are what make me doubt the whole justice system sometimes. I know that as an attorney you have to defend the Constitution, which includes the Bill of Rights, and you have to give adequate representation to the client, but even to this extent? I don't have all the details of the conviction, but my best guess is that the guy pleaded guilty and made a deal with the Prosecutor for a lower sentence. In federal court, plea agreements are not binding to the Court, but I don't know about California courts.

I remember last Fall in my Criminal Procedure course (during my LL.M.) discussing the topic of plea agreements: should we keep them? Do they have more advantages or disadvantages for the criminal system? There were people in favor, including the professor,  and people against them. Fact is that around 90% of criminal cases are solved through plea agreements, so they are good for judicial economy. But do they help towards achieving justice? What do you think?

If you want to read the article, click here.





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