PhantomWolf
Penultimate Amazing
- Joined
- Mar 6, 2007
- Messages
- 21,203
!!! Analogy Warning !!!
Bob is heroin dealer, who is attacked by an armed robber while walking down a dark alley. Bob shoots and kills the robber. The cops have been following Bob because they suspect he's a heroin dealer, and they witness the shooting. The cops snag Bob up after he kills the robber, and take him in for interrogation. During the interrogation, they tell him that he's under suspicion for being a heroin dealer, which carries a sentence of 25 years... but that murder only carries a sentence of 5 years. Bob isn't completely sure how much info the cops have on him with respect to heroin dealing. The cops offer him a deal: plead guilty to murder and flip on his supplier, and they'll drop the case against him related to heroin dealing. The cops tell Bob that if he doesn't take the plea bargain, they will prosecute for heroin dealing.
Bob didn't commit murder - it was clearly self-defense. But he is willing to plead guilty to murder because it carries a shorter sentence than heroin dealing does.
The action can be cast as a crime, and can be plead to as a crime, without actually having been a crime.
Analogy fail.
Firstly, Murder is clearly a worse crime than Dealing, but let's ignore that for the moment.
Prosecutors simply don't offer a charge that they can't actually prove, and there is a very good reason for that.
Let's take your wacky example. Until Bob is found guilty by the Judge, he can back out of the plea at any time. See he comes before the Judge who says, "Bob you have been charged with Murder and I understand a plea deal is on the table, correct? Good, then how do you plead?" And at this point Bob can say "I've changed my mind and decided to plead not guilty" At that point, the Prosecutor is stuck in the position of having to prove the charge of Murder, and if they are for a crime the Defendant didn't commit, then the Defendant walks.
Prosecutors don't take this chance, so they use a lessor charge, but one the defendant is still guilty of, such as an assault charge instead of a grievous bodily harm or an attempted murder. In the case you gave they might go with possession of a class A substance instead of possession with intent to deal, and perhaps add some related gun charges, perhaps carrying an illegal firearm, or unlawful possession of firearm.
The Plea Deal lessens the punishment, perhaps even dropping a felony to a misdemeanor, but it's always something that the Defendant provably did so as to stop them ditching the deal and getting a Not Guilty verdict.
