When it comes to criminal law, I have noticed that even when you are convicted of a crime and sentenced to a set amount of time, it is not set in stone. When it comes to criminal prosecution, there are a lot of crimes where someone is caught, and they are coaxed into thinking that a deal can be made where they can avoid the entire crime if they just turn on someone. I thought this was mostly in TV shows, but lately, I have noticed that this does happen in real life. Even if a deal is not accepted before going to prison, someone can get a deal to inform on someone and, in exchange, have their sentence reduced.
I am curious why this is okay to do when a judge and jury have sent a person away for a certain amount of time, but if a prosecutor or even defense needs a little help, a deal can be made. Someone can get out of prison earlier than they were supposed to. I understand deals before trial and sentencing are made, but making deals after a conviction and sentence have been made feels wrong. The same could be said about convicts getting out early on parole or for good behavior. However, this feels more acceptable because these are made after hearings, and it is determined that someone has been rehabilitated. Maybe I am alone on this, but I believe if someone is sentenced to a certain amount of time, a deal being made should not change that.
Jeremy, this is an interesting point you raise. It does seem to undermine the authority of the judge if post-conviction a deal can be made to reduce the prison sentence. I'd imagine the reason it's acceptable is because the authority of the judge is not as important to us as what can be gained from the deal (I'd imagine info or a testimony most of the time). The decision is probably based on which is more valuable to society long-term. There is something about it that seems weird or off though.
ReplyDeleteI agree with your logic on this. It seems a little unfair that some criminals are offered deals. Some people even are forced to plead guilty if they are innocent, just to get cut a deal. The system isn't perfect. I guess this is the best option right now but I definitely see your point.
ReplyDelete