I have found out I have an illegal sentence. The only effect is that my parol will be terminated as soon as I file an ammended pcra...
That is Great News! I wish you luck with it!
I'm actually fairly surprised that you got any significant time over the incident. Even with the phone call issue, its clear you were not the primary agressor. I'm really surprised a jury would convict you.
It's bullshit, utter bullshit. The rest of your views on the evils of marijuana are a product of it being illegal. If it were found in supermarkets with the cigarettes, there would be no dealers, there would be no problems associated with dealer, there would be no gang wars over turf for it
I never mentioned marijuana in my reply. I used it as a springboard to discuss the general concept behind illict drugs. While you are partially correct, there would be fewer problems with dealers if the drug were legalized, you'd still have the associative crimes commited by the users. In addition you'd still have black market dealings in the drugs, thus not totally eliminating the dealers (There are illict alcohol operations. I know one of our local theives only steals tobbacco products despite both product being legal).
Like I said, the problem isn't the drug itself, its the actions associated with the drug.
Not even most liberal wackjobs consider self defense killings murder.
Fortunately, you've never been in that situation. What do you think happens when you kill someone? You just shout "Self defense!" and everyone else goes "ohh ok" and walks away? Of course not. You are investigated for a crime (murder, manslaughter, whichever). If we find that your claim of Self Defense does indeed stand, then that's all she wrote. If it doesn't hold up well, you are looking at criminal charges. For example, look at cases like Sean Bell. Its not the best example, but its the one that come immediately to mind. Those Officers were charged criminally and went to trial for what was essentially a self defense action. They were found innocent as the claim of self defense was deemed valid by the jury. I hope that explains it better for you.
It's nice that you know we have no actual Miranda right, but your logic on why is astounding.
Like I implied in my earlier post above, its not my logic. Its the SC's logic, period. Yes, it is slightly ironic that a lack of knowledge of a crime is not an affirmative defense, but a lack of knowledge of a right will get a case thrown out. It basically boils down to the fundamental philosophy here in the US that the rights of the individual take a priority to the will of the state. Allow me to explain it to you as simply as I can:
When you break the law, you are held accountable as you've essentially violated antoher's rights (the victim). A lack of Knowledge of the law is not an affirmative defense. However, if you do not know or understand your rights, you cannot knowingly exercise/waive them. I (the state) by taking advantage of your lack of knowledge would be violating Your rights and I (the state) would be held accountable (hence you would be the victim - even if you know it or not).
Yeah, its weird/complicated. I didn't come up with it, sorry.
if anything not knowing is further indication that they belong in prison.
Look, Most of us on this forum are fairly well educated/read and primarily we deal and live with similar people. Not everyone in the US is like that. Everyone didn't have a good education, or even complete it. You'd be surprised how few people truly know their Rights and Requirements. That doesn't mean they belong in prison simply beccause they don't know the admendments that protect our due process and other rights. That's why we have lawyers. Miranda is there to protect the rights of the people from the state.
Plea deals... Wrong, wrong, wrong.
I rechecked my post for you and it is totally correct. Like it or not, Pea Deals are required. Personally, I tend to agree with you. I feel that they are overused, especially with very serious cases where the offender should get some hardcore pnishment. That said there are some cases, wher I think it is appropriate. For example, say your case isn't very strong; if you go to trial and lose, the offender gets away scott-free. If you plea, you get the conviction, and at least some form of punishment.
I would be ok with some plea deals, personally (Traffic/MM/some M). You have the right to trial, so you can take your seatbelt ticket to trial. So... take $20 off the fine cost, or listen to some dude pretending to be lawyer for 30+min explaining why we couln't see his seatbelt, but it was really on(trust me - mind-numbing, lol)...
So in some cases it can be good. But we over use the Plea way too much with the more serious cases (atleast in my opinion). I'd be more than happy to go all the way to trial to make sure some of the idiots I have to deal with are put away. And with several hours OT for just walking in the door, I can't really complain, etc.
Do you think that despite vastly superior methods of solving them, we have a higher crime rate than we did 50 years ago for no reason?
The reason why the crime rate may be higher (its dropping in my city actually), is for a number of reasons. First, better reporting. 50 years ago, there were fewer crimes - literally. Mandatory DV arrests, for example, didn't exist back then. No report - no crime. Also reporting volume has increased. More people are required to report crimes (teachers, anything you are gonna try to get your insurance to cover, etc). Also, your looking at a larger population than 50 years back - more crime in general. Lastly, you're looking at a historical era where a blind eye was generally turned to crimes against minorities who were a significant percentage of the population.
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I can see that you are quite passionate about your feelings on the topics, however it does not befit anyone on this forum to stoop to throwing insults. This is a place for dicsussions, not tempertantrums.
Also, if you are interested in learning more about your basic constitutional rights and requirements and the procedures/rules of the court, I would highly recommned Klotter's "Constitutional Law" and "Criminal Evidence". They've been valuable references for me for the past 6 years, and are very well written (although a little dry - I won't lie). Hanson's "Drugs and Society" is also a good refence, although it is definetly written with an almost "introductory" slant, and can be overly simple at times.
Take Care!