K, so we had a discussion in Criminal Evidence Class...

[prigo]

We were talking about a case, where a defendent's confession was coerced out of him, and then we used another example, and I was the example. I was accused of oral copulation with an 8 year old girl

My attourney, who was an expert on these cases warned me that if it went to trial, it was a 99% chance of me losing

He gave me the option of admiting guilt (even though I DIDNT COMMIT THE CRIME) and getting 2 years (which could be brought down to 1 and change due to good behavior and such) or, I could maintain that I am innocent, and risk 25 years to life in state prison.

What would you guys say?

[krazy skwerel]

I'd wonder who the hell set me up. If you were truly innocent then it should sho through. Key word "should" Also if you went to jail on a lesser charge you would still be registered as a sexual predator the rest of your days. that would suck.

[AZhitman]

Happens all the time.

Depends on the evidence. Without knowing what the State plans to present (prosecution's case), it's impossible to decide.

Keep in mind the requirement to register as a convicted sex offender (likely a lifetime requirement) comes WITH the plea deal.

Please tell me this isn't a REAL accusation?

[prigo]

That little girls gonna go into that courtroom, you know what shes gonna do?

Shes gonna cry, and turn red, and cry more.

And then the DA's gonna ask "who did this to you". And guess what, she's gonna point at you.

Now what?

[AZhitman]

OOP - skwerel types fast.

[AZhitman]

If she's eight, NO judge worth a damn is gonna put her on the stand.

[Hijacker]

if you didn't do it, then it shouldn't be a 99% guilty case. There has to be circumstantial evidence that places you away from the crime scene. It takes a pretty airtight lie to have a case where you are 99% likely to get convicted.

Also statutory rape isn't punishable by 25 to life.

Now, assuming I believe that this scenario could happen, I would take the plea bargain. Downsides: Spending a year in jail at least for a crime I didn't commit. Living with Megan Law and not having anybody believe that I should be innocent.

[krazy skwerel]

I would call her a lying *****...ok in all seriousess I have no idea what I would do. Why would she be so hell bent on saying you did it? What events led up to this? Need more info.

[Hijacker]

also, a coerced confession is inadmissable in court. coersion can be hard to prove, but it can be done. given the arresting officer's record and whatnot

[prigo]

if you didn't do it, then it shouldn't be a 99% guilty case. There has to be circumstantial evidence that places you away from the crime scene. It takes a pretty airtight lie to have a case where you are 99% likely to get convicted.

Its your word against a crying little girl. Who's the jury gonna sympathsize (i cant spell) with?

Also statutory rape isn't punishable by 25 to life.

Its not Stat. Its invoulentary oral copulation with a minor, a big time felony.

Now, assuming I believe that this scenario could happen, I would take the plea bargain. Downsides: Spending a year in jail at least for a crime I didn't commit. Living with Megan Law and not having anybody believe that I should be innocent.

What will your family, and friends think?!

[prigo]

also, a coerced confession is inadmissable in court. coersion can be hard to prove, but it can be done. given the arresting officer's record and whatnot

Its not from the officer, its your attourney advising you of a plea bargain. The coercion stuff was regarding another case, where an officer offered a defendent a lesser punishment (which he couldnt do to begin with). You're correct on that part

[Hijacker]

involuntary oral copulation is also known as sodomy. that's not a big time felony. it's a minor felony witha lesser sentence than 25+

[prigo]

involuntary oral copulation is also known as sodomy. that's not a big time felony. it's a minor felony witha lesser sentence than 25+

Completely wrong. Sodomy is doing it ITB (in the butt), whereas oral copulation is the touching of mouth to a private place, and could be you going down on a child, or vice versa.

[Hijacker]

why'd you mention the coersion then if it had no pertinence to the case at hand?

anyways. it's the lesser of two evils. Both ways you have to register as a sex offender and do jail time. I would rather do a year or 1.5 years rather than look at 25 and parole (i'm assuming parole is still an option)

[prigo]

Ok, so thats what you'd do.

Anyone else?

[DriftFactory]

WOW, this is a messed up thread!

[Hijacker]

Completely wrong. Sodomy is doing it ITB (in the butt), whereas oral copulation is the touching of mouth to a private place, and could be you going down on a child, or vice versa.

Main Entry: sod·omyPronunciation: 'sä-d&-mEFunction: nounEtymology: Anglo-French sodomie sexual intercourse between men, from Old French, from Late Latin Sodoma Sodom, from the supposed homosexual practices of the men of the city in Genesis 19:1-11: the crime of oral or anal sexual contact or penetration between persons or of sexual intercourse between a person and an animal; especially : the crime of forcing another person to perform oral or anal sex —sod·om·ize /'sä-d&-"mIz/ transitive verb

[krazy skwerel]

I'd still fight it. Even if I was convicted I would continue to appeal. I would come up with an alabi anything. Man I need more back story on this. Damn criminal justice classes.

[prigo]

It has to involve tongue or member, or other object penetrating the anus.

[prigo]

California Penal Code :

286. (a) Sodomy is sexual conduct consisting of contact between thepenis of one person and the anus of another person. Any sexualpenetration, however slight, is sufficient to complete the crime ofsodomy.

[Hijacker]

i had a friend who was accused of sodomy for prematuraly ejaculating on a girl's stomach. there was no anal sex involved, but the charge was still sodomy. It was later found out that the girl's boyfriend didn't quite like her sleeping around so he forced her to accuse my friend

[prigo]

i had a friend who was accused of sodomy for prematuraly ejaculating on a girl's stomach. there was no anal sex involved, but the charge was still sodomy. It was later found out that the girl's boyfriend didn't quite like her sleeping around so he forced her to accuse my friend

Then they either remember what the charge is incorrectly, you heard incorrectly, or he was accused of something he didn't do.

Also, oral copulation with a minor in California doesn't really get you 25 years, but that was the example we were given.

[The Mic]

Are you representing yourself? unless you have a law degree youing going to lose. Thats why many blue collar "offenders" many times plead guilty because they cannot afford a good enough lawyer. They'd plead guilty to serve less time, bc if they went to trial on plead no guilty and lose means 25 yrs for them.

[prigo]

^ For the example, you were being represented by a professional, but it was his professional opinion that you were going to lose, hence the plea bargain.

[The Mic]

well you see thats when DNA comes into play. Does DNA count in your scenario?

[prigo]

No, for the scenario, it wasn't even factored in.

I know the answers both ways, I was just presenting this as a topic for discussion

[Hijacker]

VA State Law:Forcible SodomyA. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anallingus, or anal intercourse with a complaining witness who is not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and

[The Mic]

well w/o DNA your pretty much screwed. id just take teh plea and get out w/ good behaviour.

[prigo]

Yea, thats what I said, I was the poor bastard that was the example. I also knew the answers, since I had this class for a few weeks last year, before I had to drop due to the Police Academy. I suprised everyone by saying I'd take the plea, as opposed to sticking it out and denying it. I think they all think I'm a rapist now

[Hijacker]

I suprised everyone by saying I'd take the plea, as opposed to sticking it out and denying it. I think they all think I'm a rapist now

meh, they're just letting their brass balls get to their heads. Once you weigh the factors, the plea bargain is a much better deal