tag:blogger.com,1999:blog-9615048.post7134345984753681882..comments2024-03-28T14:19:33.056-04:00Comments on Southern District of Florida Blog: Old debate pops up againDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-9615048.post-37602185572367395632010-05-13T17:30:44.567-04:002010-05-13T17:30:44.567-04:00The Florida Plan.The Florida Plan.The plan for Floridahttp://www.scribd.com/doc/31287042/The-McGillis-Plan-for-Florida-Rev-May-12-2010noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-64043819797814703802010-05-13T14:15:40.799-04:002010-05-13T14:15:40.799-04:00Reading Rules 11(c)(3),(4),(5), it's clear tha...Reading Rules 11(c)(3),(4),(5), it's clear that a Judge has the authority to reject the plea agreement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-79243241897721189472010-05-13T12:36:42.319-04:002010-05-13T12:36:42.319-04:00But the problem with your argument is that it leav...But the problem with your argument is that it leaves out the last part- it is the Judge's role to determine a proper sentence. I think Judge's exercise this role in rejecting plea offers very rarely and as such when they do it is usually for a good reason. That being said, it does appear there needs to be some codification of rules on this point.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-57700245424658213202010-05-13T09:36:14.950-04:002010-05-13T09:36:14.950-04:00I don't think the Judge should reject a plea d...I don't think the Judge should reject a plea deal between the parties. The Judge's role is different from the prosecutor in our system of justice. The Judge is there to insure the fairness of the proceedings and that they are conducted in accordance with the law. The prosecution's job is to prosecute people. If the prosecution, which has brought the case, has agreed to a certain deal with the defendant, it should be enforced by the Court under ordinary contract principles. Just as the Court cannot decide which charges are brought, it should not be involved in how the government chooses to resolve those charges.Bob Becerranoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-72694126733735058112010-05-12T12:54:38.712-04:002010-05-12T12:54:38.712-04:00Fed Court does have a provision for specified sent...Fed Court does have a provision for specified sentences that can be rejected. But really, isn't it the right thing for the judge to do to say "guys, I ain't going with your recommendation in this agreement" rather than lulling defendant into the plea?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-66755462545053706602010-05-12T11:58:37.068-04:002010-05-12T11:58:37.068-04:00Doesn't every plea colloquy include the Judge ...Doesn't every plea colloquy include the Judge telling the client that the final sentence is up to him/her? or is that just in my colloquies because I can't get a good deal over there? <br /><br />I believe the judge has the right to reject a specific plea deal. The government has the right to add or dismiss charges as they see fit. Lets face it- this situation exists on the extreme edges of a system that 99% of the time does not encounter this problem. Of course the best way to examine a system philosophically is to stretch it to the extremes to see if it holds up.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-63331730915799706572010-05-12T10:05:22.442-04:002010-05-12T10:05:22.442-04:00I think the judge has a right to reject the deal -...I think the judge has a right to reject the deal - but she seems a bit off by saying there are true vicitms...the victims are the attorneys who yet again have to deal with another public reason for being percieved as unethical. But are persons who were injured in accidents, who likely would have settled thier claims directly with insurance companies on thier hospital beds for much less than they ultimately recieved victims? <br /><br />I don't think so.Anonymousnoreply@blogger.com