Justice in America

[KSigkid]

Originally Posted by DSTCHAOS

The law isn't equally applied. There is no perfect judicial system that goes strictly by the sentencing guidelines with no leeway given based on extralegal factors (Max Weber would call such a perfect system "formal rational"). Instead, we still have a degree of prosecutorial and judicial discretion for most cases. This allows for extralegal factors like social class, age, gender, and race to reduce the potential for this to happen to "any of us."

True, and unfortunately, even when they tried sentencing guidelines, it turned out to be a failure (federal sentencing guidelines which turned out to be a mess).

[DSTCHAOS]

Originally Posted by KSigkid

True, and unfortunately, even when they tried sentencing guidelines, it turned out to be a failure (federal sentencing guidelines which turned out to be a mess).

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

[laylo]

Originally Posted by macallan25

I'll agree that 10 years may be a little overboard, but yeah, he should have gone to jail, absolutely. She's 15, I really don't care if she was a willing participant. Just because she is willing doesn't make it right.

To believe he should go to jail means you believe that anyone who sleeps with any 15-year-old should go to jail, which would take out a pretty huge chunk of the teen population. Throughout human history 15-year-olds have always had sex and they always will; exceptional contexts of our current society have made it suddenly immoral. I personally advocate abstinence, so I would appeal to 15-year-olds themselves to make that decision, not for the criminal justice system to waste its resources locking up their classmate partners.

[DSTCHAOS]

Originally Posted by laylo

To believe he should go to jail means you believe that anyone who sleeps with any 15-year-old should go to jail, which would take out a pretty huge chunk of the teen population. Throughout human history 15-year-olds have always had sex and they always will; exceptional contexts of our current society have made it suddenly immoral.

That's attributed to the "protect the children" movement of the 19th and 20th centuries. It started off as a moral movement and then became political and state-monitored.

If we were looking way back in the history of THIS country (since we're not taking an across-continent approach) we'd find that children were once considered little adults who could do, and be treated as, people twice their age.

What's the middle ground? Should society advocate children having sex or not and should age dynamics matter? If we do advocate it and age doesn't matter, should they then be able to drive, drink, and do other stuff that requires a level of reasoning. Then we have to wonder if the gov't should legislate this type of stuff.

Originally Posted by laylo

I personally advocate abstinence, so I would appeal to 15-year-olds themselves to make that decision, not for the criminal justice system to waste its resources locking up their classmate partners.

I agree with you here. But society has safety cushions for everything else. We could go around speaking against drunk driving but without the legislation people would be more able to do whatever the hell they choose. Morality and legality.

[macallan25]

Originally Posted by laylo

To believe he should go to jail means you believe that anyone who sleeps with any 15-year-old should go to jail, which would take out a pretty huge chunk of the teen population. Throughout human history 15-year-olds have always had sex and they always will; exceptional contexts of our current society have made it suddenly immoral. I personally advocate abstinence, so I would appeal to 15-year-olds themselves to make that decision, not for the criminal justice system to waste its resources locking up their classmate partners.

Oh come on, are you serious? Please tell me you aren't going to compare what was socially acceptable in the 1600s and 1700s to today's time. Hell, forget the sex, lets just let 13, 14, and 15 year olds marry, have kids....sounds great. While we're at it, lets reinstate burning at the stake and stoning.
Once again, this guy was on videotape, in a gangbang, smoking pot and boozing it up. Some of you people almost act like this is just fine, normal behavior. Immoral is an understatement. The guy should have gone to jail...though, probably not for 10 years. Acting like this is some injustice because of the criminal justice system is ridiculous.

[starang21]

Originally Posted by macallan25

I'll agree that 10 years may be a little overboard, but yeah, he should have gone to jail, absolutely. She's 15, I really don't care if she was a willing participant. Just because she is willing doesn't make it right. The fact that they were on camera boozing it up and chiefing the herb didn't help much either I would imagine (of course neither did the fact that it was a full on gangbang).

if that's the case, then the jails would be full. this happens way more than you'd think. the verdict and the punishment are incredibly overboard for the "crime"

[shinerbock]

Maybe in your community. Also, it happening more than we might think wouldn't be an excuse, its a reason for action.

[starang21]

Originally Posted by shinerbock

Maybe in your community. Also, it happening more than we might think wouldn't be an excuse, its a reason for action.

i doubt that. this happens all over the country.

[DSTCHAOS]

Originally Posted by starang21

:rockon:

But some lame changed the thread title.

AmeriKKKa.

Originally Posted by DSTCHAOS

But some lame changed the thread title.

AmeriKKKa.

I just noticed that as well.

I'm surprised that the Edit message on the bottom of the post didn't show up.

It had to have been one of the mods.

[macallan25]

Originally Posted by starang21

if that's the case, then the jails would be full. this happens way more than you'd think. the verdict and the punishment are incredibly overboard for the "crime"

I've said twice that 10 years is harsh........should he have gone to jail. Yes.

.....and i'm sorry, but just because you think it happens all over the place doesn't make it any better or serve as any form of acceptable excuse. Certainly doesn't happen anywhere that I have lived.

[DSTCHAOS]

Originally Posted by OTW

I just noticed that as well.

I'm surprised that the Edit message on the bottom of the post didn't show up.

It had to have been one of the mods.

A mod had also deleted my previous post pointing out the thread title change.

AmeriKKKa.

[PM_Mama00]

Originally Posted by DSTCHAOS

If that's smart to you then I don't know what isn't.

So is how you see it supposed to negate something?

I was being sarcastic.

[shinerbock]

Starang, things like that do happen all over the country. However, its not commonplace or accepted anywhere I've ever lived.

[DSTCHAOS]

Originally Posted by PM_Mama00

I was being sarcastic.

I figured that after the fact.