I Normally Believe in Due Process...

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We have the bifurcated system too, and ours is different in that the defendant has the election of going to the jury or judge in the punishment phase. If the death sentence is being sought, then the jury must be a part of the punishment process. In the punishment phase we can introduce evidence of previous bad acts and convictions. A judge or jury may assess any term within mandated guidelines without regard to previous convictions. In other words, they may max a person out just on the circumstances of the crime.

I think the Hinkley case is different as he was found not guilty by reason of insanity, which opens a whole 'nother can of worms. My understanding is that he is to be held until the mental health professionals declare him sane and not a threat to himself or anyone else. I think he gets a hearing occasionally in order to establish whether he is or isn't. None the less the judge has the final say.
 
Yes, Hinkley claims to be insane but my point was more from the standpoint that it seems to matter who you kill or attempt to kill when it comes to your sentencing and even at that, odds of you get your just rewards are slim. I just don't get it when a life sentence is not life but 21 years and at that you don't have to serve but a fraction of your time and even less if you are good in prison and don't kill a guard or something. Just puzzles me how they can turn people loose before they've paid their dues. Of course I'm extremely biased since my father was shot by two "rehabilitated criminals" who were supposed to be serving life sentences for committing the exact same crime. It only took them 3 days out of prison before their rehabilitation wore off and these pieces of dirt are walking the streets today. They tried to play the insanity card too. I blame the system but mostly the parole board and this is why I think their backs should be at stake when making decisions regarding early release. Or at the least, they should be held personally liable. But as I'm sure you are aware they are not responsible and to me anyone who claims they are not responsible for their actions is merely an admitting they are irresponsible. And to add insult to injury, would you believe the parole board sent us a letter letting us know that they were up for early release and if we had something good to say about their release to please attend but if not we were asked not to attend. :mad:

Here is a quote from Hinkley pertaining to his daily routine in the "hospital",
""see a therapist, answer mail, play guitar, listen to music, play pool, watch television, eat lousy food and take delicious medication."
 
Jogeephus":kuk1xs9t said:
I can't help but wonder what the crime rate would be if our system actually made the criminals do the time instead of a fraction of it. I also don't think its right for the jury not to know the defendent's criminal history IF they had been let loose on society before they had actually served their full sentence. I mean if you are sentenced to LIFE and are let out in seven years and commit another crime the jury should be privy to this information. Just like the officers who were gunned down at the Dunkin Doughnut shop in Oregon (?) a few years ago by the man who was supposed to be serving 200 years in prison. This just doesn't make sense and I'd be willing to bet this piece of dirt by all rights should be behind bars rather than out setting innocent people on fire.

Or the guy who got out early who kidnapped Jaycee Dugard, he should have still been in jail, -and why not just have every state be the same, death penalty for all, because so many who use to be on death row are now commuted to life in prison-aka Charles Manson, true he will never get out, but still, didn't he deserve the death penalty?
 
Jo, you're on the right track. When it's legislated that persons in authority are responsible for the decisions they make, then you'll see some changes within the criminal justice system. All you gotta do is make the sheriff bear some responsibility if he has handed out 3 for 1's and some one receiving the credit committed an offense when he would have been in jail under the straight time sentence. Same with parole.

We already know that jail is not a rehabilitator, just like the death penalty is not a real deterrent. It was thought that both had a role in the CJS many years ago, but the only thing jail does is make "some" people not want to go back. The others consider it as part of doing business and will repeat again and again. The death penalty has been watered down to the point that it will never be effective.

But when you look at it from the other direction you can see that financially the CJS spends much more than it receives. A few years back there were several Texas counties that ran out of money to house inmates. You had bureaucrats telling them that they couldn't have inmates sleeping on the floor, but they had no more space to house them. Those counties then turned to privatized jails because the costs were lower than building new facilities. The old work farms are now on a voluntary basis and the motivation is an earlier release or I might suggest those as an option. The system is nothing more than one big rotating circle jerk.

I'll agree that when it's time to hand out penalties the playing field is far from level. I'm really sorry to know that happened to your Dad and wished the system had worked.
 
I know "they" say the death penalty is no real deterent and I get that sometimes someone may become mad enough to throw caution to the wind and kill someone regardless of the consequences but I still disagree with what they say about it not being a deterrent. It may not stop them from doing it the first time but there sure won't be a second time. Until people are aware how many crimes are committed by repeat offenders I don't see this changing.
 
Here in florida, there was a guy that robbed some grocery stores 25 years ago. He was sentenced to 15 years and served 3. Then he did it again and same thing. 15 years served 3.
Fast forward to a few years back that same guy got arrested for lewd and lecivious on a kid.
But this time the justice system goes by points. The guy accumulated enough point for a sentence of life with no parole. Of course he's appealing it though
The justice system is flawed in that it's not predictable enough. If you comment a crime it should be no doubt you are going away. And for the full term. Prison isn't a deterrent anymore
 
Nothing is going to change as long as it's called "The Criminal justice System"


Things need to change to the "Victims Justice System"


:2cents:
 
We have a large stretch of desert in the US. A tent and a cot is all inmates need. The heat, cold and lots of time to think about it with the same meal everyday would deter plenty of repeat offense.

My FIL was a pretty bad kid. He was an orphan and when he ran away from the orphanage they didn't go lookin for him. Ended up in the army and ended up in a fight in Mexico. A couple of nights spent lying in a dirt ditch under live rounds started his transformation and Jesus did the rest.
 
BTW - the 75 year old lady who was set on fire has died -- Tapes show this guy did it. I want him dead.
 

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