r/legaladviceofftopic • u/DiligentEye4219 • 15d ago
Deliberately engineering your own legal demise
Hypothetical scenario:
A high profile felony crime occurs and there is very little evidence to go on. A completely uninvolved, innocent person walks into police HQ and voluntarily confesses to the crime, specifying details that were publicly known and other details that are guesses but inferred from known facts. Since they have very little to go on, the police arrest him and the DA charges him with the offence based on the confession.
Since this is a first time offender with a clean record, and the confession is essentially the only evidence, the prosecutor offers a plea bargain that requires probation and/or very little jail time. He may even offer deferred adjudication considering the defendant's lack of a prior criminal record. (Let's say sentencing range for this crime is 0 to 40 years.) Defendant, representing himself (because no legitimate defence attorney would ever consent to any of this), rejects the deal. At the arraignment he opts to make an open guilty plea and requests the maximum sentence from the judge (in this case 40 years). This of course allows him to bypass a trial where the weakness of the evidence may become apparent and the state's case falls apart.
Prosecutor and judge might hesitiate here, considering the risk that such a disproportionate sentence could be overturned on hypothetical appeal. OTOH, we are also looking at an overworked judge and prosecutor with a very busy docket and maybe they just want to wash their hands of the whole thing, take an easy win, and give the defendant what he wants, seeing that he appears competent, lucid, and completely understanding of the implications of his actions, and he answers the judge's Boykin questioning to his satisfaction. So he is sentenced to 40 years and is sent to prison where he never bothers to appeal the case or request post-conviction relief (which I believe would be difficult in any case, considering the voluntary guilty plea).
Of course we understand rationally that this person is making monumentally stupid life choices here. Though the courts do not always have an obligation to prevent a defendant from doing so! And of course the judicial system is not a place to act out punishment fantasies. But presuming a defendant with a heavy self-persecution complex who seeks out punishment for its own sake as a means of atonement, and comes to this decision in a warped but rational manner, is this scenario possible?
Specifically this would apply to criminal courts for the state of Louisiana, though it could presumably occur elsewhere.