The tyranny of differential enforcement

[donttread]

Specifically we watched a show the other day on ID where a young man or his mother shot and killed his abusive father. The judge threw out much of the evidence against the other wise stand up, stand out young man. So he could not be charged with murder because they could not tell which of them did the shooting or under what conditions.
He had however not been able to buy a shotgun because he was a Canadian citizen. He duped a friend into buying it for him. It was the gun used in the shooting.
So here is the differential enforcement part. He plead, probably to protect the friend and mom. But the sentence even with a plea could have been anywhere from the few months he had already served to 25 years! In other words the ridiculous discretion given to the judge allowed him to sentence the young man for the murder he was not convicted of! And the judge did. Twenty years.
IMO, no crime should carry such a discreation in sentencing. The case occurred in NYS but the gun charge was federal.

Then there is the whole deal of charging acquitted people with federal civil rights violations. Or "crimes" like petty gambling any of us could be charged with if they wanted us to roll on someone. And other crimes that are either rarely enforced or rarely result in the ridiculous max sentence unless....

I'm sure you can all think of related examples. To me differential enforcement is one of the most effective tools of tyranny.

[DGUtley]

Well, they dealt with your solution by creating sentencing standards and requirements. The people didn't like that b/c the Judge didn't have the discretion in those circumstances that called for it.

Ok, so you're king. what do you do?

[Sergeant Gleed]

Hang the judges, of course.

There's nothing wrong with a mandatory sentencing g scheme, except, as was pointed out, the plea bargaining and games the prosecutors play favorites with.

Women passengers captured after their boyfriend's high speed pursuit have been given lengthy prison terms for being associated with the felon...who gets a light sentence simply because he can rat on some business associates.

Welcome to "equality under the law".

The sentencing program was repaired...time to fix the prosecutors.

I recommend using hedge trimmers.

[Tahuyaman]

Well, they dealt with your solution by creating sentencing standards and requirements. The people didn't like that b/c the Judge didn't have the discretion in those circumstances that called for it.

Ok, so you're king. what do you do?

If one is acquitted in a court of law, it should be forbidden to get a second bite of the apple through creation of a federal charge.


People complain about mandatory sentencing laws on the basis that they take all disgression away from judges. Then they complain about either a lienient or overly harsh sentence through judicial disgression.

[donttread]

Well, they dealt with your solution by creating sentencing standards and requirements. The people didn't like that b/c the Judge didn't have the discretion in those circumstances that called for it.

Ok, so you're king. what do you do?

1) Eliminate laws against victimless crimes and other minor seldom enforced laws. For example if cops routinely participate in the "crime" like being involved in a small poker game, and is it not routinely enforced get rid of it. Gambling, prostitution and drugs should be legal. But also laws should be routinely enforced or scraped. Laws limit freedom, so any that are not applied to all or are unnecessary
2) Go back to sentencing guidelines, no firearms charge should bring 20 years, especially on a first offence.
3) Oversight for judges. Sorely needed. Some of them have become actively mentally ill or become demented and stayed on the bench. Also if judge A routinely gave out 1 year sentences for this crime and then BOOM 20 years , someone should look at why. They are small time Gods at this point.
4) Change the way class action lawsuits are handled so that a law firm cannot get rich for small benefits to multiple recruited participants.
5) Limit the amount that can be requested in a civil suit after the person has been aquitted of the same criminal charge.
6) Change the way punative damages are handled. Limiting the amounts going to plaintiffs and lawyers and perhaps requiring the company or person to make charitable contributions instead.
7) Make retrials in the light of new evidence easier to get.
8) Eliminate the feds end run around Double Jeopardy.

[donttread]

Hang the judges, of course.

There's nothing wrong with a mandatory sentencing g scheme, except, as was pointed out, the plea bargaining and games the prosecutors play favorites with.

Women passengers captured after their boyfriend's high speed pursuit have been given lengthy prison terms for being associated with the felon...who gets a light sentence simply because he can rat on some business associates.

Welcome to "equality under the law".

The sentencing program was repaired...time to fix the prosecutors.

I recommend using hedge trimmers.

I didn't know that about the high speed chase thing. I assume the women must have been on parolle or probation at the time? However, in general the justice system is biased against men and not just family court which appears to be making strides towards better equity . But criminal court is another matter.

[DGUtley]

1) Eliminate laws against victimless crimes and other minor seldom enforced laws. For example if cops routinely participate in the "crime" like being involved in a small poker game, and is it not routinely enforced get rid of it. Gambling, prostitution and drugs should be legal. But also laws should be routinely enforced or scraped. Laws limit freedom, so any that are not applied to all or are unnecessary

Personally, I think that they should be legalized or at least handled differently but they are by no means historically victimless crimes. We have been over this.

2) Go back to sentencing guidelines, no firearms charge should bring 20 years, especially on a first offence.

Under federal law, you get two years for a firearms charge. So, I don't know what are talking about.

3) Oversight for judges. Sorely needed. Some of them have become actively mentally ill or become demented and stayed on the bench. Also if judge A routinely gave out 1 year sentences for this crime and then BOOM 20 years , someone should look at why. They are small time Gods at this point.

The machinery is in place. Use it.

4) Change the way class action lawsuits are handled so that a law firm cannot get rich for small benefits to multiple recruited participants.

Well, there's tremendous amount of time, money and resources that go into a class action suit. The Courts frequently limit fees and all fees have to be approved by a court in a class action suit. Remember, attorneys take things on risk -- you eliminate the upside to the risk you are going to close the courthouse doors to people that need it.

5) Limit the amount that can be requested in a civil suit after the person has been aquitted of the same criminal charge.

I don't know what this is about. Please clarify.

6) Change the way punative damages are handled. Limiting the amounts going to plaintiffs and lawyers and perhaps requiring the company or person to make charitable contributions instead.

Ohio and many other states have acted on this by limiting punitive damages.

7) Make retrials in the light of new evidence easier to get.

How do you do that? Lower the standard? Should we lower the standard for the prosecution also?

8) Eliminate the feds end run around Double Jeopardy.

I agree but SCOTUS recently disagreed with us.

[Tahuyaman]

...Limit the amount that can be requested in a civil suit after the person has been aquitted of the same criminal charge...

A variety of max settlements based on the severity of the act which is the basis of the suit?

[Sergeant Gleed]

I didn't know that about the high speed chase thing. I assume the women must have been on parolle or probation at the time? However, in general the justice system is biased against men and not just family court which appears to be making strides towards better equity . But criminal court is another matter.

This was a long time ago.

The argument was thst the driver had committed a felony, so the passenger was an "accomplice", and thus charged with the same felony. However the bf turned in some real accomplices and got the deal, but because the female passenger was really just a passenger and had no buds to rat on, she had nothing tk sell, whereas the DA could bag a bigger conviction record by prosecuting an innocent.

Happens all the time.

Plea bargaining is spy wrong.

Don't negotiate with criminals.

Prosecute them.

It is what we pay the DA for.

Also pisses off the cops, too.

[mamooth]

If one is acquitted in a court of law, it should be forbidden to get a second bite of the apple through creation of a federal charge.

That would let KKK lynchers off the hook if their local buddies acquitted them. Double jeopardy is sometimes a good thing.