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View Full Version : Polanski will not be extraded



Harleyquiiinn
07-12-2010, 06:23 AM
Switzerland decided this afternoon that the investigation to find out if the US had the right to ask for his extradition was finished.

The swiss decided that they couldn't determine for sure that there was no vice in the american request.

See, if a person has been judged, you cannot judge her a second time. It doesn't matter that the sentence seemed to be very light.

This is called the "non bis in idem" principle (it's latin)

Now the problem is this: the bargain was to plead guilty of sexual relations with a minor and not be accused of rape. He spent 47 days in jail in California then was freed.
What nobody can seem to determine is this:
Were the 47 days his sentence or just detention in the waiting of being judged ?

I was very interested in the procedure, as it was a very complicated one, it indeed seemed that Polanski was judged in the form of a bargain with the prosecution, approved by the judge and spent a month in prison. On the civil side, he had to pay damages to the victim which he did.

Although, I definitely agree that this sentence was too light, I can only approve the decision of Switzerland. IMO approving that a person can be judged twice for the same offence is far more dangerous than a 77 year old Roman Polanski.

Little_Miss_1565
07-12-2010, 09:21 AM
He never had a trial. This whole thing pisses me off. From everything I've read, he was paroled and fled the country before standing trial.

Harleyquiiinn
07-12-2010, 10:45 AM
He never had a trial. This whole thing pisses me off. From everything I've read, he was paroled and fled the country before standing trial.


Well you see, if he was paroled, it means that he had a sentence. That what's really weird about it.

1) Why only 47 days and why was the offence renamed to sexual relations with a minor instead of statutory rape ?
2) Why did the judge suddenly decide that he had to judge him when the plea bargain was considered to be enough 2 months before ?

Something got really wrong. Here's my hypothesis: It seems to me that 30 years ago, Roman Polanski talked with a prosecutor and it was basically "yeah... it's bad... so let's do this, pay the victim and that's it."
Something happened. Maybe the papers talked about it and it shocked the population a lot more than expected. Then, a judge decided that finally 47 days wasn't enough and he had to be judged again.
That's when he flew to France. He had asked for the french nationality a year before all that happened and obtained it. France is, as the US and many others, a country that doesn't extrade his own people so he couldn't be extraded. He couldn't be judged in France either because of Non Bis in Idem.

Honestly, I think that the prosecution and the american justice fucked this up 30 years ago. They gave him a very light sentence and now, there is nothing that can be done. I mean, even if he is extraded now, there is no way is going to jail. I mean, even Iran respects Non bis is Idem so...

Offspring-Junkie
07-12-2010, 11:47 AM
Honestly, I think that the prosecution and the american justice fucked this up 30 years ago.

In my humble opinion american justice had a brief talk with Benjamin Franklin 30 years ago.

http://scrapetv.com/News/News%20Pages/Business/images-2/100-dollar-bill.jpg

Little_Miss_1565
07-12-2010, 02:34 PM
Well you see, if he was paroled, it means that he had a sentence. That what's really weird about it.

1) Why only 47 days and why was the offence renamed to sexual relations with a minor instead of statutory rape ?
2) Why did the judge suddenly decide that he had to judge him when the plea bargain was considered to be enough 2 months before ?

Something got really wrong. Here's my hypothesis: It seems to me that 30 years ago, Roman Polanski talked with a prosecutor and it was basically "yeah... it's bad... so let's do this, pay the victim and that's it."
Something happened. Maybe the papers talked about it and it shocked the population a lot more than expected. Then, a judge decided that finally 47 days wasn't enough and he had to be judged again.
That's when he flew to France. He had asked for the french nationality a year before all that happened and obtained it. France is, as the US and many others, a country that doesn't extrade his own people so he couldn't be extraded. He couldn't be judged in France either because of Non Bis in Idem.

Honestly, I think that the prosecution and the american justice fucked this up 30 years ago. They gave him a very light sentence and now, there is nothing that can be done. I mean, even if he is extraded now, there is no way is going to jail. I mean, even Iran respects Non bis is Idem so...

I used the wrong term. Instead of parole I meant to say...goddammit, what is that word for when you're in jail waiting and someone posts your bail. Bailed out? Out on bail? Anyway. And apparently he did plead guilty to rape. I don't know. Urgh. But I agree, the American system completely fucked this up 30 years ago, and justice delayed is justice denied. Regardless of his sentencing status, he is still a fugitive and should have been extradited based on that fact alone. But I don't think it's any great tragedy if he never steps foot on American soil again.

JohnnyNemesis
07-12-2010, 05:42 PM
This whole thing pisses me off so unbelievably much. Over time, I've gone from hating it purely because of that one despicable act he did to also questioning whether any other non-super successful-essentially white film directors could get away with FUCKING RAPING SOMEONE WHO WAS THAT AGE MY GOD IT'S PLAIN AS DAY SOMEONE LOCK THE MOTHERFUCKER UP SOMEHOW.

Jesus
07-13-2010, 02:19 AM
This whole thing pisses me off so unbelievably much. Over time, I've gone from hating it purely because of that one despicable act he did to also questioning whether any other non-super successful-essentially white film directors could get away with FUCKING RAPING SOMEONE WHO WAS THAT AGE MY GOD IT'S PLAIN AS DAY SOMEONE LOCK THE MOTHERFUCKER UP SOMEHOW.

It's the other way around. If he wasn't famous they wouldn't have wasted any resources on getting him extradited. Since it was a lost case, if he would have been sentenced again it would have probably been ruled unconstitutional anyway. Sure his initial sentence was light, but not that uncommon for that time period. Everything afterwards has been a farce and a waste of resources.

He didn't get away with it though (unlike a shitload of men currently in the usual parts of the developing world), his sentence was just light if looked at from today's perspective.



Were the 47 days his sentence or just detention in the waiting of being judged ?

Since the US couldn't produce any documents that claimed it wasn't his full sentence, everything indicates that it was.

sKratch
07-14-2010, 06:45 AM
I think he means the initial treatment would have been far more severe.

Little_Miss_1565
07-15-2010, 07:30 AM
Polanski's extradition was denied because someone in the US fucked up the paperwork: http://gawker.com/5587793/roman-polanski-freed-by-miscommunication

Harleyquiiinn
07-22-2010, 07:10 AM
Is that really possible that 'top level' of administration of justice or whatever or whoever was responsible for paperwork, messed up? is that me in school? Fine they agreed, I had enough news about Polański on tv.

No, that's not what happened. The Swiss kept him for 6 months when they repeatedly asked for documents so that they could investigate wether he had been already judged or not. It wasn't miscommunication. The US couldn't produce ANY documents saying that the 47 days weren't his final sentence. That's it. So saying it's just because someone didn't receive the request is wrong. That judge wants Polanski's ass because he wants to be reelected and he can't have it so he blames the swiss. Easy if you ask me. Truth is that they fucked up 30 years ago and now they can't do anything.

Besides, Polanski didn't leave Swiss after the anouncement, he was in the Montreux festival for a few days. If it was only a matter of paperwork, I believe the US would have sent the paperworks very fast so that the Swiss could arrest him again. But they didn't.

Little_Miss_1565
07-22-2010, 09:15 AM
But he was tried and convicted in absentia, after he fled. I find it hard to believe double jeopardy wouldn't have attached if that had been his complete sentence.

Regardless, he's still a piece of shit who gave a 13 year old girl a Quaalude, then raped her.

wheelchairman
07-22-2010, 10:01 AM
Anally, while she protested. The guy's a menace, but at least he's a menace in France only. Or well now Switzerland or something.

The tragedy is that the victim's only request has been for this to be dropped and ignored. But for 30 years it never dies. And this time it got to be dragged out in the world media for months. This sucks, fuck him.

RickyCrack
07-25-2010, 03:13 AM
certainly the shit he pulled was despicable. but is really spending all this money really going to bring justice to an old man about to die anyway? shitty situation i know, but it's almost like spending a shit ton of money to find 2pac and biggie's murderer. it won't bring no justice and in the long run the money loss on this will probably allow more young women to be raped, murdered, among other bad things than to bring this dude to some kind of justice.

it's like the green river killer. after causing so much pain to so many families to you think that after 30 years it matters much to them that he would be killed by a lethal injection? (probably to the butt) i mean it is prison.