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View Diary: Judge sentences ex-teacher to 30 years for raping student who killed herself. No wait, 30 DAYS! (142 comments)

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  •  I missed that he'd pled more or less (0+ / 0-)

    although I think that was pursuant to the light deal, not sure how the state treats deals where the accused pleads in exchange for a sentence then fails after the plea to do part of the deal.

    Does the plea stand but sentencing can be anything, or do they go back to square one? I dont know.  If the former, this was horrible, if the latter, despite the horrible "thoughts" of the judge, his hands may have been somewhat tied...although the prosecutors clearly didn't think so.

    •  I believe that this was what is called (1+ / 0-)
      Recommended by:
      sturunner

      a deferred sentence agreement.  It began as a way of getting criminally culpable witness to testify after a plea of guilty or nolo to the charge.  This process has evolved as a way to create a diversion program for the well connected. Sentencing is deferred, (in R.I) for 5 years, during which time the defendant is on statutory probation.  If the conditions of the deferral are not met, then a sentence is imposed. The sentencing term is not ordinarily agreed to at the time of the sentence deferral.  Imposing a 30 day term may have the effect of there being no probation or suspended sentence.  Hard to tell what the law in this state is, and whether a suspended sentence and probation was part of the sentence.

      Patriotism may be the last refuge of scoundrels, but religion is assuredly the first.

      by StrayCat on Tue Aug 27, 2013 at 03:47:38 PM PDT

      [ Parent ]

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