Would you roll the dice with the death penalty?

[Jib 0]

If you committed a heinous crime, there was a small chance you might be acquitted, and were looking at the death penalty, what would you do and why? What if there were no death penalty?

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the depth of his depravity sickens me.
-- Jerry Falwell, People v. Larry Flynt

[beowulf 1]

If I committed the crime then I would have already accepted the cost of getting caught. I would probably just plead guilty and accept the punishment. If I were to go to death row I would waive all appeals and get it over with quickly.

But I can't forsee ever being in a situation where I would commit such a crime.

[AndyMan 7]

Since the question assumes the perp is actually guilty - and did do the act, if I were in that case I would think I'd take the plea. Of course it would depend on how strong their case against me is.

A much more interesting discussion would be exactly the same, except that you're falsely accused. Much more relevant, since I can see myself being falsely accused far more easily than I can see myself doing something heinous.

Take the plea, (which reduces your avenues for appeal), or roll the dice with the possibility of death (which eventually eliminates your ability to appeal)?

_A,

__

You put the fun in "funnel" - craichead.

[SkyDekker 1,465]

Quote

If you committed a heinous crime, there was a small chance you might be acquitted, and were looking at the death penalty, what would you do and why? What if there were no death penalty?

I think you'll find that many criminals who agree that they committed the crime feel they were justified to committ the crime for reasons that make sense to them. Hence, they don't feel that the punishment is justified.

I would assume that if I ever committed a heinous crime it is because I felt justified committing the crime. Based on that I would certainly aim to not get the death penalty and not just sit back and accept the crime.

[unformed 0]

I would rather take the death penalty than spend my life in jail. Hence, I would roll th dice.

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[Nightingale 0]

don't think I'll ever find myself in that situation, but if I had a client in that situation, I'd look at the evidence... if his chance of getting off is snowball in hell, I'd advise him to take a plea. However, if the evidence is iffy or poor, trial might be a good idea. It would depend on the individual facts of the case. I haven't taken my criminal law classes yet, though, so my opinion may change.

[chuckbrown 0]

The big variable would be where you are and the composition of the jury pool. Generally speaking, rural juries are more likely to give the death penalty than are urban juries. In Pennsylvania, the difference in the jury pool between Philly & central PA, is night and day.

[lawrocket 3]

Quote

don't think I'll ever find myself in that situation, but if I had a client in that situation, I'd look at the evidence... if his chance of getting off is snowball in hell, I'd advise him to take a plea. However, if the evidence is iffy or poor, trial might be a good idea. It would depend on the individual facts of the case. I haven't taken my criminal law classes yet, though, so my opinion may change.

You haven't taken your ethical lawyering class, either.

Lawyers should not be advising a client to take a paricular course of action regarding a plea. What the lawyer should do is:

1) Review the evidence and the Information (the stating of charges);
2) Review the potential likelihood of successful objection and exclusion of damning evidence;
3) Review your evidence to determine what you have that can defend the case;
4) Form an opinion on the relative chances of success at trial in light of the strngths and weaknesses;
5) Educate the client on the possible ramifications of trial sentencing vs. plea bargain;
6) Advise the client of the possible courses of action (within the law); and
7) After fully advising the client of the above, ask the client what the client wants the lawyer to do.
8) The lawyer proceeds with the client's wishes.


Don't go telling a client what you would do if you were in his/her spot. If it doesn't work, clients are unhappy campers.

My wife is hotter than your wife.

[lawrocket 3]

Quote

The big variable would be where you are and the composition of the jury pool. Generally speaking, rural juries are more likely to give the death penalty than are urban juries. In Pennsylvania, the difference in the jury pool between Philly & central PA, is night and day.

True dat! When I was in LA, if I was defending a case in Santa Monica, my advice regarding the ups and downs was far different that in Downtown LA or Orange County...

My wife is hotter than your wife.

[ad151 0]

You guys are nuts, this country isn't worth any of that.. I'd be on a plane/boat (anything) out to Thailand and get $5 massages with 'happy finish' for the rest of my life and forget about it. hahah! C'mon, seriously, why would you stay here to rot/die in a cell?

[Skyrad 0]

Why dude? You been upto shit?

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca

[cloudseeker2001 0]

You haven't taken your ethical lawyering class, either.


Ethical lawyering class? Are you serious?

"Some call it heavenly in it's brilliance,
others mean and rueful of the western dream"

[DrunkMonkey 0]

Opt for a bench trial. In most states, only a jury can sentence someone to death. You all but guarantee LWOPP, but you do dodge the needle...