As appears to be your MO after reading some of your other "know it all" posts and comments, you assume, presume and arrive at your own conclusions with no factual basis.
I never said I was PRACTISING 13 yrs in North America. That was your own erroneous assumption.
If you must know 3 yrs GDA, 8yrs UK and 2 yrs US.
Let me make an attempt to educate you somewhat on the stark differences between the caribbean judicial process and the US.
In the US (by that I mean all across the US, not just NY) there is extensive plea bargaining. 80% of criminal cases are disposed of that way, they do not go to trial.
The defense atty and the District atty sit down and try to arrive at some agreement. If a client is emotionally disturbed, acted impulsively or in a way that is out of character, then that goes a long way in convincing the DA to agree to a more lenient offer for sentence.
It costs the state and the nation a lot less in taxpayers money, the less trials there are. Both parties are always eager to dispose of a case quickly.
The 20% that may go to trial are instances where
1. The person is adamnant about their innocence and not willing to accept the DA's offer.
2. The DA's offer is the maximum sentence allowed, so no harm in going to trial anyway.
3. The person committed the crime but has a good defense, albeit provocation, mental health, duress etc.
The defendant has the option whether or not they have a jury trial or a bench trial. A person who is claiming provocation, self defense, mental instability, diminished responsibility etc would always choose a jury trial. A good atty can always sway a jury to be sympathetic to the def's situation. e.g if the victim was an adulterer or adulteress members of the jury can more easily be swayed to render a verdict in that person's favor.
In addition, even if the person is found guilty, before sentence is passed in ANY state, the dept of Probation or its equivalent prepares a full report after interviewing the defendant, family members, co workers whoeever.
This report provides an indepth look into the def, family history, personal life, social, emotional state, remorse for the crime committed etc. This is then sent to the Judge who uses this as a guide in handing down the sentence.
You definitely don't have to take my word from it. As I suggested from my last post, this info is public knowledge available to anyone who is interested and willing to take the time to do the necessary research.
Moderated By: mod@spiceislandertalkshop.com
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