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Discussions - On Other Matters - View Post - Archive
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Date
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7/12/2008 1:58:46 AM
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Posted By
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cinsmith69 |
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Subject
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Re: There most likely would be a WARRANT if you were arrested....
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I don't know how to find such information, but I would bet it would be a BIG surprise to you to learn the difference between the number of arrests and the number of convictions.
Neither do I, but I do know that the discrepancy between the number of arrests and the number of trials is over 90%. Some of that is accounted for by plea arrangements, but I don't know how much is. Or how many plea arrangements are done through Alford Pleas (a plea in criminal court in which the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty).
While I'm at it, let me say that I HATE IT when I hear a criminal "got off on a technicality" after a judge releases him for unconstitutional violations of his rights. Our Constitution is not full of TECHNICALITIES. It's IS full of RIGHTS, and those rights must not be violated.
I completely agree. Most TECHNICALITIES are usually improper actions by the police; such as they were in a custodial situation but didn't get miranda, confessions were coerced, or evidence was obtained in a manner that wasn't legal.
Sometimes it's the DAs fault as well; one man in Illinois got out of a murder charge because he did not have a speedy trial. Since the DA knew he was entitled to a speedy trial and also knew that his office couldn't prosecute they should have waited until they could do so to start the ball rolling. It's not there's a time frame that the man had to be charged; there's no statute of limitations on murder.
I've even had a professor in a law class (who was also a sitting judge) who said that even if the statute of limitations was up on a charge he would still go through with a trial because it wasn't fair that criminals could go free just because they didn't get caught within the time allowed by law. When I went on to law school I learned that the case would likely be overturned on appeal due to the statute of limitations being expired but that the person would likely be incarcerated while they waited for that appeal unless they could afford the bail.
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