I think this was the right thing to do all the way around. Thank goodness no jail time for this. Rep for the update, Mr. Bond.
I agree! Let's not forget he out almost a hundred grand PLUS whatever the lawyer got him for ! But strictly speaking to the punishment, the government got exactly what they wanted. They got to make an example out of someone to get the word out on their new agenda. Also, think about how bad they would look if they were to imprison a 75 year old man for some damn 100 year old dead animal parts! I am VERY happy though Earnie will not have to go to the clink though!!!
I agree! Let's not forget he out almost a hundred grand PLUS whatever the lawyer got him for ! But strictly speaking to the punishment, the government got exactly what they wanted. They got to make an example out of someone to get the word out on their new agenda. Also, think about how bad they would look if they were to imprison a 75 year old man for some damn 100 year old dead animal parts! I am VERY happy though Earnie will not have to go to the clink though!!!
Plea bargaining is problematic for at least three reasons. First, because the substantive criminal law typically authorizes draconian penalties (the three strikes laws, for instance) the prosecution has the power to present defendants with unconscionable pressures. Imagine a defendant with two prior convictions charged with petty theft. The prosecutor offers to drop a three-strikes charge if the defendant pleads guilty. The defendant must now choose between the risk of life in prison if convicted at a trial or a very short term or a suspended sentence following a guilty plea. Although the Supreme Court has accepted such pleas as voluntary, they have every appearance of being practically coerced.
Second, the prosecution has the incentive to maximize the benefit of pleading guilty in the weakest cases. The more likely an acquittal at trial the more attractive a guilty plea is to the prosecution. Given caseload pressures prosecutors may simply dismiss the weakest cases. But in a borderline case that does go forward the prosecution may very well threaten the most serious consequences to those defendants who may very well be innocent.
Third, the indigent defense lawyers who represent most felony defendants do not have the resources to independently investigate every case. Prosecutors face acute resource limitations as well, but generally speaking the government can afford to go to trial in more cases than the defense
And not one elephant will be saved.
Over 90% of prosecutions end up with a plea of guilty because of the threats of long jail times for going to trial and daring to question the state's charges.
http://law.jrank.org/pages/848/Criminal-Justice-Process-Plea-bargaining.html
Extortion has replaced justice for most cases. What did any of Ernie's victims have to say about it? Oops, there are none to say anything.
Jeff Livingston
The Ivory trade is an atrocious practice/market. It is completely justified and necessary to prosecute those engaged in it, regardless of how old or kind or talented they are. I can't imagine anyone objecting to this on rational grounds. There's no one-to-one correlation between this sentence and any number of elephants saved, in the same way there's not one-to-one correlation between the $10 I gave to cancer research last month, and the number of cancer patients saved. That's just not a useful way to look at it.
That being said, you are completely correct about the issue of plea bargains often being the result of a broken system. In my view the U.S. does not really have a "justice" system, but rather a "penal" system. It does not function in the interest of justice most of the time, as far too many aspects of the system, big and small, are corrupted by campaigning and profit taking.
Thanks for your response.
I disagree that such prosecutions are necessary or even helpful. Again, where is any victim to be made whole by justice? None exist.
Property rights would protect elephant species moreso than govt mandates and trials. Notice that no one is being prosecuted for harvesting cow leather for cue tips and notice there are millions upon millions of cattle, with more coming everyday to replace those used for food and stuff. That's because cows are owned, have a market, and those who own and trade are protected by the law, not abused by it. Big difference and THE difference.
Jeff Livingston
I agree! Let's not forget he out almost a hundred grand PLUS whatever the lawyer got him for ! But strictly speaking to the punishment, the government got exactly what they wanted. They got to make an example out of someone to get the word out on their new agenda. Also, think about how bad they would look if they were to imprison a 75 year old man for some damn 100 year old dead animal parts! I am VERY happy though Earnie will not have to go to the clink though!!!
I'm glad he didn't go to prison and I still believe the government should focus their energy fixing things to make people's lives better instead of pursuing these goofy agendas.
I agree! Let's not forget he out almost a hundred grand PLUS whatever the lawyer got him for !
Do we know that Ernie didn't get (or had to return) the money he received from the buyers? I'm not saying you are wrong, I just don't remember that being out there.