@hawkeye10,
Quote:Go to Europe and see if the state can get away with that.....the answer is no. More civilized people demand an accounting of the facts before citizens are punished, they do not allow the state to bully or terrorize the citizens into admissions of guilt with are then used as the sole basis for punishing them
There is nothing less civilized about our criminal justice system, nor is the issue at all relevant to the case we are discussing.
Meanwhile, you were absolutely
wrong in saying that punishment is not imposed in a plea deal, and that the sentence does not reflect a judgment by the court.
You cannot use the defendant's admission of guilt as the sole basis for punishing him. There must be other evidence to support that admission of guilt.
In the case we are discussing, any admission of guilt that Swift made to the police in reporting the accident, that was not repeated
after he was given Miranda warnings can't be used against him at all.
There must be evidence presented to the judge to support all the charges against him--that is the criminal complaint.
If the state had no evidence of guilt, to support the charges, why would a judge find probable cause? Why would anyone accept a plea deal?
If the state did not have evidence that Swift was DUI, or was even driving his car, why on earth would he choose not go to trial?