Originally posted by: shira
Originally posted by: RabidMongoose
People here have a truly bizarre sense of the law. Do you really think that people should be free to run away and disregard the legal system just because they don't like what may happen to them?
Actually, I think the answer to your question is less clear-cut than you seem to think:
Suppose I'm about to make a decision as to whether aggressively fight a charge or plead guilty.
To aggressively fight the charge might mean dragging this young girl through the gutter to "prove" that she was blameworthy and/or that the facts are not as she has presented them. I realize that if I follow this route, I have a good chance of winning, but at the cost of really making this young girl's life miserable and of bringing down unpredictable bad publicity on myself.
Alternatively, the prosecutor represents that there's a guaranteed "softer" route, where I can serve a small sentence, avoid attacking the girl, and - with the court records sealed - keep the matter completely secret. The judge indicates he'll go along with this.
So, the second alternative sounds very attractive. I plead guilty to the lesser charge. I go to jail for the 42-day evaluation period, and there's an agreed-upon minor sentence of 60 days (or whatever) to follow.
Unfortunately, as the date for the follow-up sentencing approaches, word leaks out that the judge has changed his mind, and will pronounce a much longer sentence. "But he can't do that!" you and your attorney cry. And the prosecuting attorney shrugs his shoulders and says, "I didn't think so, either, but apparently he can."
So, you've been MISLED by the court system. If you'd been CORRECTLY informed, you would have made a very different decision (the aggressive track), and likely would face no jail time at all.
Given the acknowledged misconduct of the presiding judge in the actual case, and given that we CANNOT possibly know would have happened if Polanski had followed a different route if the system has played straight with him (informing him from the start, for example, that the judge would be free to pronounce a long sentence even with a plea bargain), I think the ethics of his fleeing the country is very much subject to debate.