Justice in America - Page 8

KSigkid · #**106** 02-02-2007, 09:24 AM

Quote:

Originally Posted by DSTCHAOS

Definitely. There's a ton of research on sentencing guidelines and the pros and cons of them.

hijack/
So on one hand there's a need to consider extralegal factors, for example, society doesn't want tons of primary caregivers removed from the home. On the other hand there's a tendency for these extralegal factors to be used as a bias, such as women who serve as drug mules being used as the "fall guy" for general deterrence.

Has a caveman PM'd you about your signature yet?

/hijack

Haha, no cavemen have PMd me, but if any took offense I would of course change my signature ASAP.

I agree, it's an interesting question, and there's research going on in all different fields about sentencing. To me, another part of it comes down to the old general/common law debate (law as written vs law as unwritten, and judges' ability to "freelance," so to speak). If you give a judge more freedom in sentencing, they can be unfair in sentencing, but if you have these guidelines, they can keep judges from devising sentences that are, well, more "just."

I'm only a 1L, so I don't know if there's some middle ground, but it's a worthy debate.

starang21 · #**107** 02-02-2007, 01:08 PM

Quote:

Originally Posted by macallan25

One sister is 2 years, the other 4.....so yeah, it is. College and older, two years isn't that much. But when you are in highschool and two years could make the girls 15, 14, etc., I think its a little different deal.

not always. a lot of senior and junior guys will date freshman or sophomore girls. it's pretty commonplace.

RU OX Alum · #**108** 02-02-2007, 01:48 PM

this is stupid...there is no justice in america, i'm not too sure about the rest of the world either. (i don't know b/c I haven't been, but I'd be willing to bet not)

justice is a concept like perfection.....it is unatainable

the young man did nothing wrong

RU OX Alum · #**109** 02-02-2007, 01:48 PM

and if the original title of thread offended you, then good...you probably deserve it

macallan25 · #**110** 02-02-2007, 03:12 PM

Quote:

Originally Posted by starang21

not always. a lot of senior and junior guys will date freshman or sophomore girls. it's pretty commonplace.

Well, I was referring more to having sex and videotaping gangbangs. Dating, not so much.

macallan25 · #**111** 02-02-2007, 03:15 PM

Quote:

Originally Posted by RU OX Alum

the young man did nothing wrong.

So you would be fine if your son did what that guy did on videotape?

starang21 · #**112** 02-02-2007, 06:29 PM

Quote:

Originally Posted by macallan25

Well, I was referring more to having sex and videotaping gangbangs. Dating, not so much.

well considering that a lot people lose their virginity before they can drive, i'd venture to say that sex at a young age is pretty commonplace.

macallan25 · #**113** 02-02-2007, 06:36 PM

Quote:

Originally Posted by starang21

well considering that a lot people lose their virginity before they can drive, i'd venture to say that sex at a young age is pretty commonplace.

In some places i'm sure thats perfectly true.

PiKA2001 · #**114** 02-02-2007, 08:19 PM

Quote:

Originally Posted by RU OX Alum

t
the young man did nothing wrong

Is marijuana legal in GA?

Quote:

Originally Posted by RU OX Alum

and if the original title of thread offended you, then good...you probably deserve it

That makes no sense, but then again neither do most of your posts.

DSTCHAOS · #**115** 02-03-2007, 01:26 PM

Quote:

Originally Posted by KSigkid

Haha, no cavemen have PMd me, but if any took offense I would of course change my signature ASAP.

I agree, it's an interesting question, and there's research going on in all different fields about sentencing. To me, another part of it comes down to the old general/common law debate (law as written vs law as unwritten, and judges' ability to "freelance," so to speak). If you give a judge more freedom in sentencing, they can be unfair in sentencing, but if you have these guidelines, they can keep judges from devising sentences that are, well, more "just."

I'm only a 1L, so I don't know if there's some middle ground, but it's a worthy debate.

I believe there's really no middle ground, unfortunately. But I'm glad you're wrestling these types of debates as a 1L.

DSTCHAOS · #**116** 02-03-2007, 01:33 PM

Quote:

Originally Posted by amycat412

I don't think anyone is saying this happens every single where. Communities like you describe above do exist and I tend to think are more the norm--even on other levels like the teen with the secret sex life and good girl image. .

I'm no longer sure what the norm is regarding these types of things.

Hearing about teen sex parties across social class and race makes me think that maybe highly religious communities with high levels of social control, like the Quakers, are the only COMMUNITIES immune from this.

Reds6 · #**117** 02-03-2007, 01:57 PM

Quote:

Originally Posted by AOIIBrandi

This case was on the news the other night. They interviewed the prosecutor and some of the jury pool. They all agreed that because of the way the law is written they could not consider the spirit of the law or anything else of that nature. The sentence was 10 years no matter what. All were against the sentence term, but there was nothing they could do short of finding him not-guilty and I guess the jury felt he was guilty of the crime even if the sentence seemed to harsh. It also appears that they are trying to get the legislature to change the law (more than it already has been) and possibly get his sentence reduced or negated.

The prosecutor had a choice on whether or not to charge the teen with a crime. He also stated in the article that the young man should have taken the plea and served 5 years. So I don't buy my hands were tied. Also the law has been changed but can not be made retroactive for this young man's case. I also think another issue that rises in regards to race is that their has been and still continues to be huge disparities in sentencing terms for whites and blacks convicted of the same crime.

The law doesn't surprise me, I think there was a thread on here at one point about the obsurd laws in particular states. For instance, if I'm not mistaken in Alabama it's still illegal for balck and whites to marry. It may not be enforceable, but it's still on the books.

KSigkid · #**118** 02-03-2007, 02:06 PM

The fact that they still enforce some of the blue laws in CT (no liquor sold on Sundays in stores, liquor stores close at 9 pm when they are open) is another (yet much less more serious example) that laws are way behind the times in some areas.

valkyrie · #**119** 02-03-2007, 02:42 PM

Quote:

Originally Posted by Reds6

The prosecutor had a choice on whether or not to charge the teen with a crime. He also stated in the article that the young man should have taken the plea and served 5 years. So I don't buy my hands were tied. Also the law has been changed but can not be made retroactive for this young man's case. I also think another issue that rises in regards to race is that their has been and still continues to be huge disparities in sentencing terms for whites and blacks convicted of the same crime.

This pisses me off -- prosecutors almost always have discretion. Five years isn't an appropriate offer in this situation -- if I were the kid's attorney, I would not have encouraged him to take such a shitty offer. That's not an offer -- it's a prosecutor being a butt (nothing new).

DSTCHAOS · #**120** 02-03-2007, 02:52 PM

Quote:

Originally Posted by valkyrie

This pisses me off -- prosecutors almost always have discretion. Five years isn't an appropriate offer in this situation -- if I were the kid's attorney, I would not have encouraged him to take such a shitty offer. That's not an offer -- it's a prosecutor being a butt (nothing new).

A lot of people blame this guy for not taking the plea bargain of being classified a child molestor.

These people say that Wilson(?) could've had a say in the hand he was dealt but chose not to do so. In other words, not being able to live with his little sister pales in comparison to going to prison so he should've taken that.