Law & order: Your sentencing recommendations

Nathan

Nathan

SF VIP
Location
High Desert- Calif.
If it were in your hands, what type of sentencing would you impose for the following offenses?
DUI(alcohol or other substances)
Drug possession for sales(hard narcotics)
Burglary(1st offense)
Burglary(2nd offense+)
Grand Theft Auto
Robbery
Assault
Kidnapping
Rape
Manslaughter(accidental, involuntary etc)
Murder
 

Knee jerk for murder I'd respond death penalty......however.....over the decades in Canada there have been a number of convictions wherein the accused has been/cleared found to be innocent.

If there is absolutely, and I mean absolutely no question of guilt then.....
 
Nemo2 said:
Knee jerk for murder I'd respond death penalty......however.....over the decades in Canada there have been a number of convictions wherein the accused has been/cleared found to be innocent.

If there is absolutely, and I mean absolutely no question of guilt then.....
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I agree, I would add kidnapping, rape and paedophilia under the death penalty category.
 

Nathan said:
If it were in your hands, what type of sentencing would you impose for the following offenses?
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I believe that we tend to over sentence first and some second offenders for some crimes, but then maybe under sentence multiple offenders. Here is my shot at an answer:

DUI(alcohol or other substances) - Fine and maybe some probation for the first offense, some short jail time for the second, long jail time for third plus.

Drug possession for sales(hard narcotics) - I support legalizing and regulating drugs, I believe it is our best solution to the problem.

Burglary, auto theft and non-armed robbery - Fine and maybe some probation for the first offense, some short jail time for the second, long jail time for third plus.

Armed robbery - some limited jail time for the first offense, much longer to life for additional offenses.

Assault - some limited jail time for the first offense, much longer to life for additional offenses. Judges need some discretion on this one, not all assaults are the same.

Kidnapping - depends on the reasons, if it's a parent kidnapping their own child that should be punished but its not the same as kidnapping for ransom or other evil intent. The second a life sentence.

Rape - long jail sentence for the first offence, life for a second. I would want the judge to have some discretion for cases of young people and date rape type situations, but only on the first offense.

Manslaughter - this is a hard one, for truly accidental cases I would go light on the first offense. However where gross negligence was involved, ie DUI, I would be much harsher. Life for second offenders, no third chances...

Murder - Life or death sentence. I am a bit ambivalent as to which. However I do not believe a murderer should get a second chance.
 
What I would like is some sort of federal mandate for uniform sentencing. Murder first degree same in texas as in kansas. Same for all sex/race/income. And do it across all classes of crimes. So a person knows what that crime will cost if they are convicted.
 
This is a difficult question. The problem with most US prisons is that they serve as “Crime Universities”for many. I would lean toward rehabilitation for non-dangerous criminals. For the murderers and rapists, the only option might be prison for life if needed. Still, I don’t think prisons should be torture camps - an inmate should not have to fear being raped or killed.
 
Nathan, for your first five crimes, they are "things" related- no physical harm commited so a sliding scale of prison time. More time for repeated offenses, but with the understanding that prison is a local University Of Crime, and we don't want people to get their "doctorate" there. The rest, except for murder, again sliding scale with ever increasing time for repeated offenses, and impact on victim.
For murder- wanted killing-, the convicted get life- NO parole EVER.
I have no problem giving the death sentence to any murderer. When you kill you surrender your right to live. BUT, the conviction must be all physical evidence, which proves actual guilt- no confessions, eye witnesses, etc.. Otherwise, without that kind of certainty, life meaning no parole ever.
I think prison should be used as a short time hassle in ones' life. for nonviolent crime I have no problem keeping a repeated predator of the streets for decades to life.
 
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These usually involve some kind of harm. Society already has guidelines in place.

DUI(alcohol or other substances)
Drug possession for sales(hard narcotics)
Assault
Kidnapping
Rape
Manslaughter(accidental, involuntary etc)
Murder

These don't usually have physical harm to a person. Financial harm is normally what society has established guidelines for.

Burglary(1st offense)
Burglary(2nd offense+)
Grand Theft Auto
Robbery

Obviously not perfect since repetition happens. Lacking uniformity from state to state & age sometimes plays a role in the decisions made. The crimes involving physical harm IMO should be reviewed & adjusted upwards. Restitution be made when there are assets that can be paid to victims.
 
Nathan said:
If it were in your hands, what type of sentencing would you impose for the following offenses?
DUI(alcohol or other substances)
Drug possession for sales(hard narcotics)
Burglary(1st offense)
Burglary(2nd offense+)
Grand Theft Auto
Robbery
Assault
Kidnapping
Rape
Manslaughter(accidental, involuntary etc)
Murder
Click to expand...
DUI (Without injury to others) 6 months. Too bad if you lose car, house and savings. With injury, 2 years, plus 20% of future income to injured party for compensation till recovered. If death, death.

Drug for sale 2 years, next it doubles, then doubles for each bust.

Burglary first 6 months, second 2 years add 2 for each time caught.

GTA 6 months forced labor, then 20% of paycheck to victim till all damage is reimbursed.

Robbery armed 5 years 2nd offence 10
Strongarm 6 months, then 2 years for second

Assault eye for eye

Kidnapping 3-45 years, depends on number of victims. (Chowchilla kidnappers got life with chance of parole. However, they have been paroled, two after 36 and 40 years, mastermind 46 years. And I thought my retirement would suck)

Rape castration. I'd never force to rapist to marry the female he raped.

Manslaughter 2-10 circumstances dependent.

Murder death.
 
NorthernLight said:
I'd be a lot harder on DUI. Usually it's not taken seriously.
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DUI is taken seriously in California, when I was working in the jails some of my best inmate workers were serving time for DUI. I ran into one former worker of mine who was awaiting sentencing on a subsequent violation(he loved to drink & drive), he told me he was probably going to go to prison.
 
Muskrat said:
What I would like is some sort of federal mandate for uniform sentencing. Murder first degree same in texas as in kansas. Same for all sex/race/income. And do it across all classes of crimes. So a person knows what that crime will cost if they are convicted.
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That is already the norm here in Canada. We have ONE national Criminal Code, so if it is a crime in Nova Scotia, it is also a crime everywhere else in our vast country. Canada abolished capital punishment in the early 1970's. Sentencing guidelines are somewhat flexible here, to take into account specific differences in an individual case, known as " mitigating circumstances ". JimB.
 
Some, especially PC psychologists, are going to hate my ideas I am not afraid to publicly relate. But am dead serious in order to actually change behaviors in what is an increasingly disfunctional world. The brief jail times eliminate jail/prison overcrowding issues while the unpleasant punishment will actually make them not want to ever return.

Burglary(1st offense): Fines if they have assets. Public corporal humiliation punishment displayed in stocks out in public location where many others pass by. Being jailed say for 1 to 2 weeks in an unpleasantly warm or chilly jail with unpleasant odors, boring food, and constant daytime behavioral messages or annoying sounds on speakers.

Burglary(2nd offense+): Fines if they have assets. Public corporal humiliation punishment displayed in stocks out in public location where many others pass by. Being jailed say for 1 to 2 weeks in an unpleasantly warm or chilly jail with unpleasant odors, boring food, and constant daytime behavioral messages or annoying sounds on speakers.

Grand Theft Auto: Fines if they have assets. Public corporal humiliation punishment displayed in stocks out in public location where many others pass by. Being jailed say for 1 to 2 weeks in an unpleasantly warm or chilly jail with unpleasant odors, boring food, and constant daytime behavioral messages or annoying sounds on speakers.

Robbery: Fines if they have assets. Public corporal humiliation punishment displayed in stocks out in public location where many others pass by. Being jailed say for 1 to 2 weeks in an unpleasantly warm or chilly jail with unpleasant odors, boring food, and constant daytime behavioral messages or annoying sounds on speakers.

Grand Theft Auto: Fines. Public corporal humiliation punishment being jailed say for 2 to 3 weeks in an unpleasantly warm or chilly jail with unpleasant odors, boring food, and constant daytime behavioral messages or annoying sounds on speakers.

Rape (of strangers) Allow victim or relative to inflict a modest level of TBD physical pain in public. Prison. Forced chemical castration for months.
 
Nathan said:
If it were in your hands, what type of sentencing would you impose for the following offenses?
DUI(alcohol or other substances)
Drug possession for sales(hard narcotics)
Burglary(1st offense)
Burglary(2nd offense+)
Grand Theft Auto
Robbery
Assault
Kidnapping
Rape
Manslaughter(accidental, involuntary etc)
Murder
Click to expand...
DUI
for driving drunk - $500 dollar fine
2nd time if within that year - 30 days jail
3rd time - 1 year jail
Driving while drugged - 1st time Rehab
" " - 2nd time 1 year jail
": " - 3rd time 5 years jail
" " - 4th time 10 years jail
(Only severe penalties will end the drug trade, which is responsible for most crimes.)

Drug possession for sale - 1st offense 20 years
" - 2nd offense Life in prison

Burglary - 1st offense 5 years
" - 2nd offense 10 years (3rd offense 20 years)

Grand Theft Auto - 1st offense 5 years
" 2nd offense 10 years

Robbery - 1st offense 5 years

Assault - (Depends on the severity)

Kidnapping - Death

Rape (forcible) - 20 years
" - 2nd offense Life

Manslaugher (involuntary) - (Depends on circumstances)

Murder 1st degree - Life
 
Well, I don't drink but if I were an attorney for the defense of a DUI arrest, I would argue that it's legal to
buy liquor, sell liquor and drink liquor and the state and federal government both make money off of
liquor sales. An inebriated man does not have the mental capability to know when to stop drinking,
nor when to not drive a vehicle because of too much alcohol.
 
The woman who was driving drunk and ran my sister down in the street and killed her was originally charged with a higher crime, but after three solid years of unbelievable delaying tactics (she had a wealthy family and they brought in "experts" from all over the country to try to throw out all the evidence......without success, thankfully), the case finally came to trial and she pled guilty to a lesser charge of vehicular homicide. She was sentenced to 37 months in prison with some probation afterward.

It was a relief to get it over with. I'm sure she won't serve the full 37 months. I would have liked to see her sentenced to 37 years, frankly.
 
All the crimes in the OP are primarily committed by poor or lower middle class people. If we could do something about poverty, the crime rate would decrease dramatically.

The U.S. spends over $80 billion a year to incarcerate convicted criminals. Homelessness costs another $50 billion. So that's well over $100 billion a year spent on poor people — none of which helps them rise up out of poverty.

There's got to be a better way.
 
SeniorBen said:
All the crimes in the OP are primarily committed by poor or lower middle class people. If we could do something about poverty, the crime rate would decrease dramatically.

The U.S. spends over $80 billion a year to incarcerate convicted criminals. Homelessness costs another $50 billion. So that's well over $100 billion a year spent on poor people — none of which helps them rise up out of poverty.

There's got to be a better way.
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The same liberal nonsense which originally caused the problem repeated here again. No matter how much you give a bum, they want more. Also, this liberally lenient philosophy totally overlooks the fact that many people are criminals no matter what the circumstances of their life might be. Saying that all poor people have criminal tendencies and much of them surrender to such is nonsense. The criminals today are mainly druggies and drug gangs enforcing their drug territories. The same ones are arrested over and over and released because of nonsense laws which keep them from being locked up until trial. A trial they never appear for. The way you cure crime is to lock up the predators and keep them locked up.

Finally, remember all those "poor" people, the Irish, the Poles and other legal immigrants who came here and built America from scratch, working their way up from "poor" to the status of middle class American workers. The magic word there being "workers". That is something the present day "poor" want no part of. Why should they when the government keeps feeding and housing them?
 
If it were in your hands, what type of sentencing would you impose for the following offenses?
DUI (alcohol or other substances) --- one year serving as the king's clown
Drug possession for sales (hard narcotics) ----death by lethal injection
Burglary (1st offense) --- cut off right hand
Burglary (2nd offense+) --- cut off left hand
Grand Theft Auto --- same as a horse thief, hang them
Robbery --- take away all their wordily possessions and leave them standing naked in the woods, banishment from the kingdom
Assault --- cut off both hands
Kidnapping --- chained to a wall in the prison dudgeon for a long time
Rape --- castration
Manslaughter (accidental, involuntary etc.) --- 20 years serving in the king's army
Murder --- 30 years serving in the king's army
 
So my thoughts are:
DUI(alcohol or other substances)First offense: Expensive, between the fine and your insurance going through the ceiling, it better be "lesson learned". 2nd offense: more bankruptcy therapy, loss of license. Prison if you cause an accident with injury and/or death.
Drug possession for personal use(hard narcotics) Focus on getting offender clean & sober, criminal sanctions for continued narcotics use.
Drug possession for sales(hard narcotics) Selling Herion-Cocaine-Methamphetamine: 5 years minimum, length of time increasing with amount or with subsequent violations.
Burglary(1st offense) 18 months in prison
Burglary(2nd offense+) 5 years ++ in my state the Three Strikes Law mandates 25 years to life for the 3rd felony.
Grand Theft Auto: Same sentencing structure as with Burglary
Robbery: 1st offense: 5 years(armed robbery=10 years). Double for 2nd offense, 3 strikes after that.
Assault: 18+ month, depending on victim's injury. Double for 2nd offense, 3 strikes for additional offenses.
Kidnapping: first offense:10 years, 2nd offense 25 years to life.
Rape: 25 years to life | life without parole | death penalty*.
Manslaughter(accidental, involuntary etc): 1st offense15 years, 2nd offense 25 years to life.
Murder(intentional) 25 years to life | life without parole | death penalty*.
*Note: I'm not a big death penalty advocate, I don't see any deterrent or closure for victim's family, but sometimes a person is just so vile that society just needs to see them put to death.
 
Muskrat said:
What I would like is some sort of federal mandate for uniform sentencing. Murder first degree same in texas as in kansas. Same for all sex/race/income. And do it across all classes of crimes. So a person knows what that crime will cost if they are convicted.
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That would be UNconstitutional as each State is a separate Sovereign.
 
A big part of the problem with our justice system is: it's too subjective. Too many factors determine the prison sentence or fine that shouldn't, such as how good a lawyer you can afford to defend you and work the system so you get off easy. There can be extenuating circumstances to crimes like murder.

In scenario A, somebody might be acting like a real a-hole and you just snap. You have a concealed handgun permit and you're carrying, so you pull out your 9mm pistol and BLAM! You shoot the jack-ass dead. You immediately regret your actions, but it's too late. He's laying on the ground with blood streaming out of his forehead. You call the police and tell them what happened.

In scenario B, it's the a-hole who pulls a gun. He's acting like a jack-ass, you punch him in the mouth, and he pulls out his gun and shoots you dead.

So who gets a longer prison sentence? The shooter in scenario A or scenario B?

A lot of it depends on how likeable you are and whether or not the jury can empathize with you. Should that matter? It most certainly does factor into sentences in our justice system as it exists today, as does public opinion.
 

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