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41John CarrollCOMMENTIn college level logiccourses students learn that thereare several types of argumentsthat are not snpported in logicand are not persuasive. For example,tlie ad honrinenr argument(mypersonal favorite), inwhich you seek to convince othersof the merits of you position bypointing out your opponent'scha~xcter and other flaws. Another snch argument is the slippery slope argument. Anexample of tliis type of argument is that if we let Hitler have Austria, next he will wantCzechoslovakia. WIkers over the years have pooli-poohed such argnments as illogical.Logical or not, the slippery slope argument has proved itself right often enough to meritour attention.Several years ago a newly elected District Attorney in my connty established anoffice policy requhing that, in felony cases, the State should recommend a fine of$1000.00. Up to that time, fines were not commonplace in felony cases, most defendantswere indigent and could not afford to pay a fine; however there were cases in which,after a review of the offense and the particular offender, a judge would determine that afine was appropriate as part of the punishment in the case. The criminal defense bar generallyslitQgged its collective sl~oulders over this new policy When it came time to enteran agreed plea, the defendant's lawyer would ask that the h e reconmendation be ontsidethe plea bargain so that he or she could argne the propriety of the fine at the timeof the sentencing. When this policy was first implemented, the tour%' generally kept totheir prior practice of imposing heavy fines in the minority of cases. However, as timewent on and no one strongly opposed the practice of the State unifornlly recommending$1000.00 dollar fines in every felony case, regardless of the circumsfances of the defendantor the offense under consideration, the imposition of such hes became more andmore common and the State began pushing defendants to accept the imposition of afineas a part of the plea bargain. Now, $1000.00 dollar fines are commonplace in felonycases and are often part of the agreed to terns of a plea bargain. It is not unusual to seeindigent defendants required to pay a $1000.00 dollar fine, a $300.00 to $400.00 dollaxreimbnrsement for court appointed attorney fees, court costs and montllly supervisoryfees. Ask local lawyers today and they will say that the fine is one of the basic terms
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