Roman Polanski arrested
10-02-09, 10:04 AM
#202
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Re: Roman Polanski arrested
Agreed that it was a weak deal punishment-wise, but rape trials (especially back then) are tough to prosecute and usually end up with the victim's reputation being dragged through the mud, so a plea bargain agreement was probably seen by the D.A.'s office as the best option.
10-02-09, 10:08 AM
#203
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10-02-09, 10:50 AM
#204
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Re: Roman Polanski arrested
http://www.independent.co.uk/opinion...d-1794699.html
Harvey Weinstein: Polanski has served his time and must be freed
Roman Polanski is a man who cares deeply about his art and its place in this world. What happened to him on his incredible path is filled with tragedy, and most men would have collapsed. Instead, he became a great artist and continues to make great films. I was with him the day he won the Legion of Honour in France, which was a spectacular day. I remember the incredible love and affection that people have for him.
Now Thierry Frémaux, the director of the Cannes film festival, and I are calling on every US filmmaker to lobby against any move to bring Polanski back to the US, where he could face life in jail.
Whatever you think about the so-called crime, Polanski has served his time. A deal was made with the judge, and the deal is not being honoured. The theory going around is that the reason Switzerland cooperated and acted on a longstanding extradition order with the United States this time was because of their own troubles in the financial crisis.
Roman Polanski is a man who cares deeply about his art and its place in this world. What happened to him on his incredible path is filled with tragedy, and most men would have collapsed. Instead, he became a great artist and continues to make great films. I was with him the day he won the Legion of Honour in France, which was a spectacular day. I remember the incredible love and affection that people have for him.
Now Thierry Frémaux, the director of the Cannes film festival, and I are calling on every US filmmaker to lobby against any move to bring Polanski back to the US, where he could face life in jail.
Whatever you think about the so-called crime, Polanski has served his time. A deal was made with the judge, and the deal is not being honoured. The theory going around is that the reason Switzerland cooperated and acted on a longstanding extradition order with the United States this time was because of their own troubles in the financial crisis.
10-02-09, 11:30 AM
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Re: Roman Polanski arrested
Whatever.
I will be rooting for him to be set free.
And I am disgusted by people "calling for his blood".
The "victim" said to forget it and that is what matters most in my eyes.
I will be rooting for him to be set free.
And I am disgusted by people "calling for his blood".
The "victim" said to forget it and that is what matters most in my eyes.
10-02-09, 11:54 AM
#206
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Re: Roman Polanski arrested
I think I heard Polanski was going to put some exclusive features on his next Blu-ray-only release of the extended version of The Pianist.
10-02-09, 12:04 PM
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Re: Roman Polanski arrested
After reading all of your comments in this thread, as only one qualified out of two of us, I would like to recommend that you do the same, but expand your education to include all of the criminal justice jurisprudence. Practically every word in your posts is completely wrong. I think there was an "and" and "it' that was right, but that's about it.
10-02-09, 12:15 PM
#208
Re: Roman Polanski arrested
If not then those statements sicken me and your opinion is very sad indeed about a situation like this.
10-02-09, 12:24 PM
#209
Re: Roman Polanski arrested
So, the age of consent in Europe (and specifically Poland, where Polanski is from, and France, where he lives) is two full years older than the girl he raped. Fucking isn't a game of horseshoes. Close doesn't count, and most people wouldn't consider two years to be close anyway.
And Polanski lived in and committed the crime in California. The laws in Europe are irrelevant.
But again, age of consent is only part of the equation. Regardless of age, Polanski had sex with her against her will. Rationalize his behavior however you want, but he raped her.
No matter what or how many charges are remaining, Polanski needs to face up to them.
And Polanski lived in and committed the crime in California. The laws in Europe are irrelevant.
But again, age of consent is only part of the equation. Regardless of age, Polanski had sex with her against her will. Rationalize his behavior however you want, but he raped her.
No matter what or how many charges are remaining, Polanski needs to face up to them.
10-02-09, 12:49 PM
#210
10-02-09, 12:56 PM
#211
Re: Roman Polanski arrested
I don't think he's a troll. These people are out there even though they're like a 1 in 50 ratio to people who think Polanski is a scum bag. Usually people who
are one or all of:
Have never and will never have kids
Think 13 year old girls can consent to sex
Haven't read the transcript
Love Polanski so much he could do no wrong
Just want to seem sophisticated and "European"
are one or all of:
Have never and will never have kids
Think 13 year old girls can consent to sex
Haven't read the transcript
Love Polanski so much he could do no wrong
Just want to seem sophisticated and "European"
10-02-09, 01:20 PM
#212
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10-02-09, 01:24 PM
#213
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Re: Roman Polanski arrested
The victim's desires are IRRELEVANT. Getting a massive settlement will certainly affect your desires to prosecute a case. A prosecutor's client is the public at large. That client has yet to find justice.
10-02-09, 02:43 PM
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Re: Roman Polanski arrested
I think YOU need to look it up because you are the one speaking 'legally'.
From a legal perspective there was/is no plea bargain as it was never formally entered and agreed to on the record. Until it is done in a courtroom, meaning Polanski surrenders himself, shows up in a court of law and the plea is read on record, ANY party (whether it was the prosecutor, the judge, or Polanski) has the right to change their mind. Once Polanski failed to show up for the final plea agreement, the plea is worth about as much as your 'legal' opinions.
Or to put it another way - if Polanski was convinced the judge was going to change his mind, when he showed up for the formal plea in a court he could have said he did not accept this agreement and changed his plea to not guilty and taken his chances with a jury, instead he ran.
The problem is you are assuming the plea was made official - it never was and the circumstances on why it wasn't made official are irrelevant. Apparently you cannot understand this rather simple concept and are just trying to confuse people in an attempt to defend a child rapist.
Thanks DVDJOSH.... at least there's more than one person who realizes he is taking liberties on the legal aspects of this case.
From a legal perspective there was/is no plea bargain as it was never formally entered and agreed to on the record. Until it is done in a courtroom, meaning Polanski surrenders himself, shows up in a court of law and the plea is read on record, ANY party (whether it was the prosecutor, the judge, or Polanski) has the right to change their mind. Once Polanski failed to show up for the final plea agreement, the plea is worth about as much as your 'legal' opinions.
Or to put it another way - if Polanski was convinced the judge was going to change his mind, when he showed up for the formal plea in a court he could have said he did not accept this agreement and changed his plea to not guilty and taken his chances with a jury, instead he ran.
The problem is you are assuming the plea was made official - it never was and the circumstances on why it wasn't made official are irrelevant. Apparently you cannot understand this rather simple concept and are just trying to confuse people in an attempt to defend a child rapist.
After reading all of your comments in this thread, as only one qualified out of two of us, I would like to recommend that you do the same, but expand your education to include all of the criminal justice jurisprudence. Practically every word in your posts is completely wrong
10-02-09, 03:11 PM
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Re: Roman Polanski arrested
I have mixed feelings about this whole situation, being a huge admirer of Polanski's work. However, no matter the result of all of this (and I personally believe that Polanski will never serve any hard time in a U.S. prison at this point), I tend to take the view that the art is the most important thing to come from Polanski's life, and that his brilliant work will live on, with the crime and the scandal being no more than a footnote in years to come, the same as with all other flawed artistic geniuses of past centuries. This will be nothing more than an extra paragraph in a film student's paper examining his work and motivations. Heck, it was already all but forgotten until this most recent circus brought it back into the spotlight.
10-02-09, 03:14 PM
#216
DVD Talk Limited Edition
Re: Roman Polanski arrested
"A negotiation between prosecutor and defendant in a criminal case in an attempt to reach a mutually satisfactory middle ground and, therefore, obviate the need for a trial. Usually it consists of the defendant’s pleading guilty to a lesser charge in exchange for a lesser sentence than he might receive had he been convicted on the original charge(s)."
There was a plea bargain agreement. Otherwise, there would've been a jury trial instead. The prosecution and defense agreed to plea bargain agreement and the judge accepted it. The sentencing is not explicitly included in a plea bargain agreement and is up to the judge, but it is understood that by the defendant waving the right to a trial by jury and pleading guilty to one of the charges, the sentencing will be lighter. And in this case, it was understood by all parties that the judge would abide by the psychiatric evaluation. But when that just recommended probation, the judge reneged.
Here's the Wikipedia entry:
http://en.wikipedia.org/wiki/Roman_P...nd_guilty_plea
Charges and guilty plea
---------------------------
Polanski was initially charged with rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, and furnishing a controlled substance (methaqualone) to a minor. These charges were dismissed under the terms of his plea bargain, and he pleaded guilty to the lesser charge of engaging in unlawful sexual intercourse with a minor.
Under the terms of the plea agreement, according to the documentary Roman Polanski: Wanted and Desired, the court ordered Polanski to report to a state prison for a 90-day psychiatric evaluation, but granted a stay of ninety days to allow him to complete his current project. Under the terms set by the court, he was permitted to travel abroad. Polanski returned to California and reported to Chino State Prison for the evaluation period, and was released after 42 days. All parties expected Polanski to get only probation at the subsequent sentencing hearing, but after an alleged conversation with LA Deputy District Attorney David Wells, the judge "suggested to Polanski's attorneys that he would send the director to prison and order him deported". In response to the threat of imprisonment, Polanski fled the United States.
Polanski fled initially to London on February 1, 1978, where he maintained residency. A day later he traveled on to France, where he held citizenship, avoiding the risk of extradition to the U.S. by Britain.
---------------------------
Polanski was initially charged with rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, and furnishing a controlled substance (methaqualone) to a minor. These charges were dismissed under the terms of his plea bargain, and he pleaded guilty to the lesser charge of engaging in unlawful sexual intercourse with a minor.
Under the terms of the plea agreement, according to the documentary Roman Polanski: Wanted and Desired, the court ordered Polanski to report to a state prison for a 90-day psychiatric evaluation, but granted a stay of ninety days to allow him to complete his current project. Under the terms set by the court, he was permitted to travel abroad. Polanski returned to California and reported to Chino State Prison for the evaluation period, and was released after 42 days. All parties expected Polanski to get only probation at the subsequent sentencing hearing, but after an alleged conversation with LA Deputy District Attorney David Wells, the judge "suggested to Polanski's attorneys that he would send the director to prison and order him deported". In response to the threat of imprisonment, Polanski fled the United States.
Polanski fled initially to London on February 1, 1978, where he maintained residency. A day later he traveled on to France, where he held citizenship, avoiding the risk of extradition to the U.S. by Britain.
10-02-09, 03:27 PM
#217
DVD Talk Hero
Re: Roman Polanski arrested
Usually people who are one or all of:
Have never and will never have kids
Think 13 year old girls can consent to sex
Haven't read the transcript
Love Polanski so much he could do no wrong
Just want to seem sophisticated and "European"
Have never and will never have kids
Think 13 year old girls can consent to sex
Haven't read the transcript
Love Polanski so much he could do no wrong
Just want to seem sophisticated and "European"
And you're a mind reader too!
10-02-09, 03:42 PM
#218
DVD Talk Legend
Re: Roman Polanski arrested
This from the LA County DA:
This was in response to harvey weinstein's 'so-called crime'.
"Mr. Polanski pled guilty to a crime, so apparently to Mr. Polanski there was a crime and there's still five or six other much more serious charges pending that are yet to be resolved," Cooley said Thursday. "They won't be resolved until he's finally sentenced."
10-02-09, 05:46 PM
#219
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Re: Roman Polanski arrested
So again please tell me how the charges, as of today, are dropped, so I can bury my head in the sand and pretend this guy did not sodomize a 13 year old girl against her will and how I can pretend it is merely sex with a minor and I'm just being an uptight puritanical person who thinks this might constitute inappropriate behavior worthy of a lengthy jail term?
Edit - by the way your definition was the definition of the "act of plea bargaining", not the definition of a legal and enforceable plea bargain agreement. It is a subtle distinction that you either unintentionally, or perhaps intentionally used, to again shade the facts and distort things.
Last edited by wirefan; 10-02-09 at 05:50 PM.
10-02-09, 06:02 PM
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Re: Roman Polanski arrested
I'm just as mad at the Hollywood celebs sticking up for him like Whoppee Goldberg and Debra Winger. I'm sure many of us would like to timewarp back to the 1970's and do the same to Debra Winger in her Wonder Woman outfit and be told forget about it today.
10-02-09, 06:24 PM
#221
DVD Talk Hero
Re: Roman Polanski arrested
"If Polanski's attempts to appeal his arrest and extradition to the United States fail and he is forced back to Los Angeles, he could face up to four years in state prison for the initial crime he pleaded guilty to before fleeing the United States. He could also face a maximum of three additional years served consecutively if the courts decide to charge him under California state penal code 3059 for leaving the state without permission."
So whether the rape charges have been dismissed or not is moot because he can't be prosecuted on these charges.
Furthermore there's the whole matter of the legality of his arrest (there's international law involved here) and what are the grounds for extradition.
If Polanski ever sets foot in the US, it will most likely be because a deal has been struck beforehand.
Last edited by eXcentris; 10-02-09 at 06:44 PM.
10-02-09, 06:37 PM
#222
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10-02-09, 07:16 PM
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Re: Roman Polanski arrested
Not that this has anything to do with the Polanski case BUT, depending on what state you are in, a 13 year old can consent to sex under certain circumstances.
For example, here in Virginia, a 13 year old can have consensual sex with someone as long as they are less than 3 years older.
So if Polanski had been in Virginia, not drugged his victim, not forcibly sodomized her, and if he had been 15 years old, he would be in the clear.
For example, here in Virginia, a 13 year old can have consensual sex with someone as long as they are less than 3 years older.
So if Polanski had been in Virginia, not drugged his victim, not forcibly sodomized her, and if he had been 15 years old, he would be in the clear.
10-02-09, 08:10 PM
#224
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Re: Roman Polanski arrested
Not that this has anything to do with the Polanski case BUT, depending on what state you are in, a 13 year old can consent to sex under certain circumstances.
For example, here in Virginia, a 13 year old can have consensual sex with someone as long as they are less than 3 years older.
So if Polanski had been in Virginia, not drugged his victim, not forcibly sodomized her, and if he had been 15 years old, he would be in the clear.
For example, here in Virginia, a 13 year old can have consensual sex with someone as long as they are less than 3 years older.
So if Polanski had been in Virginia, not drugged his victim, not forcibly sodomized her, and if he had been 15 years old, he would be in the clear.
10-02-09, 09:23 PM
#225
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Re: Roman Polanski arrested
Boy, he really could have saved his genius self a lot of hassle if he'd just murdered her after the alleged rape.