From: Michael S. Lorrey (retroman@turbont.net)
Date: Thu Apr 13 2000 - 06:36:23 MDT
Zero Powers wrote:
>
> >From: "Michael S. Lorrey" <mike@datamann.com>
> >
> >True, but the problem is in getting charges filed. The prosecutors always
> >toss the
> >weapons charges in plea bargaining. This will stop them from doing this.
> >You can't
> >argue with the results of Operation Exile. The judge is still free to
> >determine guilt
> >or innocence... so his hands aren't totally tied.
>
> Actually the determination of guilt is the job of the jury. But the judge
> can certainly influence that determination by his evidentiary rulings and
> such.
In a plea bargain, the perp is obviously agreeing to plead guilty to
something, in which case, there obviously will be no jury involved. If
there is no plea bargain, yes there MAY be a jury if the perp wants one,
but they are not required, and the judge can set aside a jury's verdict
if he so chooses, so he does have a choice even in the event of a jury
trial.
Mike Lorrey
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