Re: [buffywantswillow] Question for a Fic

[StephenBooth@xxxxxxxxxxx]

On Sun, 28 May 2000 22:38:51 EDT, you wrote:

> There are many cases where innocent people have spent prison time for 
>murder. 

It gets worse than that. It is known that in the US states which
have the death penalty between 5 and 12% of people executed are
subsequently found to have been innocent of the crime for which
they were executed (I believe that these are DoJ/DoC figures but
have only seen them quoted second hand).

Getting back to the original question. On the evidence presented
on the show I doubt that an honest court could convict on a 1st
degree murder charge, 2nd or 3rd degree manslaughter could be a
possibility. You'd most likely be looking at 2-5years with a
chance for parole after 1 or 3. Probably some sort of
psychological assessment thrown in.

A dishonest court would have a chance to convict on 1st degree
murder. IIRC California has the death penalty for murder and the
DA would undoubtedly push for it (so he can claim to have been
hard on criminals at the next election). However given that
Buffy is a white, middle class female charged with the murder of
a black female I doubt that that a jury would hand out a capital
sentance (had the races been reversed then death would be a
certainty, that's the way the legal system is I'm afraid). I
think that in that case you'd be looking at 25 years to life (as
in life without chance of parole).

To a large extent it depends on how good a lawyer she can get. a
good lawyer can get her off or at least have her sentance
minimised. The mayors influence could be important. He is
clearly aware of who Buffy is and it is in his interests to have
her alive but incarcerated so he would probably try to organise a
long sentance somewhere distant. Actually a death sentance would
probably suit his needs as the average stay for a death row
inmate between conviction and execution is 14 years which would
keep her out of the way well past his ascension.

Stephen
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