Tuesday, November 18, 2008

So use this completely off point case to build an argument

The case from Monday involving the case where the defendant entered two pleas, guilty and guilty but mentally insane, was pretty confusing when it came to the chronology of the case. I was really intrigued not so much by the double plea allowed by California but more by the case remanded by the Supreme Court to the Ninth Circuit. I thought that the case the Supreme Court wanted the Ninth Circuit to review was very difficult to make connections between. I did not find the case to be very on point with the issues of the case at hand. I thought this case was going to be a bit more exciting than it was because I thought the court would be arguing over the guilty but mentally insane plea, but rather it was dealing largely with jurisdictions and whether the federal court could find new facts after the state court had already held such a hearing and established facts of law. I am not very up on my legal knowledge but I had thought that facts were to be determined by juries so I was confused at how the Ninth Circuit Court of Appeals was able to find new facts of law. This case seems to have turned into more of a power struggle than that of what I had hoped for. That said it does address the constitutional right to counsel, even if briefly, and that was an interesting topic to consider. So the right to an impartial jury and trial as well as counsel are guaranteed rights, but I kind of ventured off of this case onto a tangent about cases in which a judge and attorney are bribed. I read about a case in which the defendant, who was the one providing the bribe, was awarded a new trial after it became known that the judge had been fixing cases. I see the conflict with the impartial trial, but I also could not help the feeling that this ruling was offending another principle. That said, I do believe that the ruling granting the defendant another trial was the right decision and holds to a stronger set of principles grounded in fairness than the opposite argument that the defendant should be punished for trying to side step justice.

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