March 13, 2007

ID: judge explains trial penalty

From KPVI:

Former Child Counselor in Court

Brian Wilson was scheduled to stand jury trial tomorrow, but a change in defense attorneys has postponed the trial... Then the accused had a question. Wilson asked Judge McDermott if he would receive a stiffer sentence if found guilty by a jury rather than pleading guilty before the court.

Judge Peter McDermott, Sixth District Court: "But if someone has no defense and just wants to cost the taxpayers money and just wants to make the state jump through hoops and are convicted, I look at that differently and say since you did that, maybe the sentencing would be a little different than if you would have come in here and accepted responsibility like a man and plead guilty."

1 Comment:

Anonymous said...

A defendant should never be penalized for making the state "jump through the hoops," because the state has the burden of proof and the defendant has no obligation whatsoever to put on a defense.

Simply. the judge attempted to coerce a guilty plea out of the defendant. Many innocent defendants plead guilty because they know they will get a harsher punishment for exercising their *right* to a trial, whether or not the defendant puts on a "plausible" defense.