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Comment Re:I think you're missing the point... (Score 1) 407

This case shouldn't be about what MS will accept. This is a legal procedure; you don't ask a guilty defendant what sentance they think is fair.



Actually, in Colorado our judges do. It's not generally subject to bargaining. However, every defendant is given an opportunity to address the court to explain what sentence he feels is appropriate and why.



And that's a good thing, IMHO. Our judicial system is what's called an adversarial system. That means that each side pleads their own case with the judge serving mainly as a referee. Such a system is a farce if the defendant isn't given an opportunity. That's why defendants have the right to compel the appearance of witnesses-the same subpoena power as prosecutors. That's why defendants have the right to examine evidence against them and to present evidence in their favor. And that's why defendants are allowed to address the court at sentencing.



Granted, the sentencing speech is usually so much bullshit: "Your honor, I know I shouldn't have smacked the shit out of my wife. I need help with anger management and alcohol management" and that sort of bullshit that insults the intelligence of the judge, both lawyers, the arresting officers, and pretty much everyone else. However, sometimes there's actually some valid and useful information given that leads judges to go easier than they would have, had they remained ignorant.



Granted, we have a victim's rights amendment whcih gives victims (or their families' in homicide cases) the right to also address the court at sentencing, for certain (violent) crimes. In those cases, defendants who don't want to have their nuts stapled to the wall generally don't bother to give speeches.



But anyway, yes, defendants are asked. We can't be the only state that does that.

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