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[Greedy,Greedy,Greedy]

Originally Posted by Jack Manfred

2

One disturbing aspect of this case which has not been mentioned here is that the victim, who has forgiven Polanski, thinks that the American legal system has wronged Polanski and her over these past 30 years. The victim is wrong, and I'd like to explain why.

The American legal system did not force Polanski to be a fugitive for the past 30 years. Many on this board already have argued whether or not Polanski should have returned for his sentencing. Polanski had a choice. The victim, by definition, did not. That his fate has been unresolved for decades is not the fault of the American legal system. The blame must be laid squarely at the (hopefully-soon-to-be-shackled) feet of Polanski.

I understand why it is hard for the victim to see that. Others should realize that it will be better for everyone once this case is finally resolved.

I'm not saying what sentence he should receive. It appears that Polanski could still be sentenced to time served. I don't see any reason why the sentencing judge couldn't sentence Polanski to a misdemeanor instead of a felony (though if I was the prosecutor or the judge...)

Here's the scenario that intrigues me:
1) Polanski agrees not to fight extradition proceedings.
2) Polanski agrees not to withdraw his previously entered plea of guilty.
3) The judge sentences Polanski to felony probation, with credit for time served.
4) Polanski is deported.

Under this scenario, the matter is resolved. Polanski can never enter the United States legally again, under penalty of federal time. That holds some karmic appeal. No one has to testify. There is no show trial. The People of California do not have to spend a dime on his incarceration or probation. I am not sure whether he would have to register as a sex offender in Zurich, but someone could mashup google earth with the Megan's law website without much trouble.

Because I think #1 is even more unlikely than #2, I don't think this scenario will actually occur. Though if I were an Assistant District Attorney in LA, I would discuss the pros and cons of this scenario with my boss before things went much further.

If Polanski eventually is extradicted and sentenced to prison, I'm also fine with that result.

Anything less than prison time is a joke. The scenario you lay out goes easy on him for rape and doesn't punish him for running. If you were an ADA and discussed the scenario with your boss, I'd hope you'd both identify all the cons.