Quote:
Originally posted by Mmmm, Burger (C.J.)
Decent summary of Martha's Guidelines exposure.
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I'm a bleeding heart even for Martha. I think it's fucked up that the Guidelines provide downward departure for acceptance of responsibility only if you plead. While plea bargaining has always been an enterprise of dubious morality, I think it's shameful that we condition departure from mandatory sentences to a waiver of your right to a trial by your peers.
Of course, I also think it's problematic when a prosecutor waives death penalty in exchange for a guilty verdict for the same reason --- "if you want to avoid jail time/death, you'll just plead and get probation/life" is an extremely negative incentive formally to build into the system.
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