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Us Plea Bargain Issues
Is plea bargaining just an incentive for the accused to plead guilty?
I can’t answer that question, and I really can’t; I can only speculate, but judging from one case where a young woman rejected a plea and unsuccessfully argued her case, it seems that those who lose their case after rejecting a plea offer seem to be penalized.
The young woman in question is Jennifer Mee from Florida. At the age of nineteen, she arranged a date with a young man with the intention of robbing him; her two male friends carried out a robbery that ended in death.
Under Florida law, all participants in a fatal robbery are as guilty of murder as the perpetrator of the actual murder, even if they themselves had nothing to do with the murder.
One question I would like to know the answer to is, “Why didn’t Jennifer’s attorney advise her to take a plea since Jennifer was clearly guilty of murder under Florida law?”
Whether one agrees with this law, it is the law of Florida whether you like it or not.
If you play a sport, this is not the time to challenge the rules of the game while playing.
Jennifer’s lawyer must have known that she was clearly guilty based on the evidence.
He was offered a 15-year sentence for pleading guilty, but pleaded not guilty.
Jennifer was an uneducated woman in her twenties with little life experience, so it’s easy to see why she would have taken the advice of a professional.
He was found guilty of first degree murder and sentenced to life in prison without the possibility of parole.
What a difference in sentences, fifteen years for pleading guilty or life without parole for pleading not guilty. Is the latter sentence a punishment for self-defense?
I’m no legal expert, but this seems unethical if not illegal.
The harsh sentence appears to be for self-defense rather than participation in the fatal robbery.
Here are some facts to consider:
1 Jennifer had no previous convictions
2 Jennifer had no previous record of violence
3 Jennifer had no intention of killing the victim.
4 Jennifer is not responsible for what someone else does with the firearm.
I just can’t fathom why no attorney would have advised Jennifer to take a plea deal because under the facts of the case she was being charged with an invalid case.
Just wondering if legal negotiations are really ethical because a person is either guilty or innocent, so the innocent can actually enter into a legal agreement.
Legal charges encourage the accused to plead guilty to breaking the promise. Those who refuse to plea bargain will be penalized for defending the charges.
I asked Jennifer herself why she never accepted the plea offered to her.
He said: “His lawyer told him they were going to take it to trial.”
No reason was given for this decision, but Jennifer said she was under the impression that life meant 25 years and compared to what she was offered with the plea deal, she might as well fight it.
It’s true that Jennifer didn’t kill anyone, but under Florida law, she was just as guilty of murder as the person who pulled the trigger, even though neither she nor the other guys involved in this crime ever intended to kill the victim.
So how could Jennifer’s lawyer not have seen it? That’s a question I probably won’t get an answer to
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