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Old 04-09-2012, 05:45 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by rlwhitmore View Post
It happens ALL THE TIME! Look at the DA's cases nearing elections! Amazing the cases won and the sentences doled out around then.
The plea offers possibly going up closer to election is NOT indicia of prosecutorial misconduct. Besides...if you don't like the offer, then don't take the plea and set it for trial.

The DA does NOT 'dole' out the sentence even in a case that is the subject of a negotiated plea- they may set the ground rules vis a vis the baseline term on the plea, but ultimately the Court still has to accept the plea (and some don't always accept a plea agreement). Further, if one goes to trial, the impact of the DA in the matter of sentencing is nowhere near what you appear to give it credit for...at that point, the sentence is up to the 12 in the box (unless one opted for bench trial, in which case the robed one is setting the number).

Isolated instances do not condemn an entire system...
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