We … clarified in Orin that only the prosecutor is authorized to negotiate a plea agreement on behalf of the state. “[T]he court has no authority to substitute itself as the representative of the People in the negotiation process and under the guise of ‘plea bargaining’ to ‘agree’ to a disposition of the case over prosecutorial objection. Such judicial activity would contravene express statutory provisions requiring the prosecutor’s consent to the proposed disposition, would detract from the judge’s ability to remain detached and neutral in evaluating the voluntariness of the plea and the fairness of the bargain to society as well as to the defendant, and would present a substantial danger of unintentional coercion of defendants who may be intimidated by the judge … in the matter. A coerced confession is an involuntary confession that comes from overbearing … conduct instead of a defendants rational intellect and free will. Iimportant human values are sacrificed where an agency of the government, in the course of securing a conviction, wrings a confession out of an accused against his will. The testimony of centuries, in governments of varying kinds over populations of different races and beliefs, stood as proof that … mental torture and coercion had brought about the tragically unjust sacrifices of some who were the noblest and most useful of their generations. And they who have suffered most from secret and dictatorial proceedings have almost always been the poor … and the powerless. ● “Acts in excess of judicial authority constitutes misconduct, particularly where a judge deliberately disregards the requirements of fairness and due process.” ● “A void judgment is not entitled to the respect accorded a valid adjudication, but may be entirely disregarded, or declared inoperative by any tribunal in which effect is sought to be given to it. It is attended by none of the consequences of a valid adjudication. It has no legal or binding force or efficacy for any purpose or at any place. ... It is not entitled to enforcement ... All proceedings founded on the void judgment are themselves regarded as invalid.” ● The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury. People v. Segura, 44 CAL. 4th 921 (2008), citing People v. Orin (1975), 13 Cal.3d at p. 943, fn. omitted; see People v. Turner (2004) 34 Cal.4th 406, 417-418; People v. Weaver (2004) 118 Cal.App.4th 131, 148-150; 4 Witkin & Epstein, Cal. Criminal Law, supra, §§ 305-306, pp. 525-527.) Blackburn v. Alabama, 361 U.S. 199, 208 (1960). Blackburn v. Alabama, 361 U.S. 199, 207 (1960). Chambers v. Florida, 309 U.S. 227, 237 (1940). *Cannon v. Commission on Judicial Qualifications, 14 Cal. 3d 678, 694 (1975) 30A Am Jur Judgments 44, 45. Owen v. City of Independence, 445 U.S. 622 (1980). THE PEOPLE, Plaintiff and Respondent, v. CASH BONAS, Defendant and Appellant.
Posted on: Fri, 01 Nov 2013 06:14:37 +0000
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