Naughty Journal Author Denied Plea Change

[Jim Choate]

On Tue, 4 Sep 2001, Eric Cordian wrote:

> Not unsurprisingly, the judge has refused to permit a man sentenced to 10
> years in prison for textual depictions of child sex in a private journal
> to withdraw his guilty plea and get a trial.
> 
> As F. Lee Bailey once said, the major flaw in the American justice system
> is that appeals focus only on procedural errors, and ones guilt or
> innocence is never again an issue after the original trial, even if that
> trial reached the wrong result.

I hear the flapping of angels wings...

Only the jury can decide what is right/wrong. Only 'the poeple' have that
right in this country under the Constitution. All criminal proceedings
should be jury trials. Period, no exceptions. The moral obligations
outweigh the increased cost of operations (lack of moral recognition is
another lack of C-A-C-L theory). Once the jury decides then it should be
final. Note the first sentence in Amendment 7...'preserved'...

                                 Amendment V

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 offence 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.

                                Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the
crime shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.

                                Amendment VII

In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise reexamined in any Court of the United States,
than according to the rules of the common law.


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