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Started By
Message
should this man have to serve his sentence?
Posted on 7/15/14 at 7:17 am
Posted on 7/15/14 at 7:17 am
https://theadvocate.com/home/9724494-125/19-years-after-fatal-crash
Cliffs: In 1995 with a BAC of 0.09 (lower than the limit at that time), he killed an infant in an auto accident. He was convicted of negligent homicide but was never called to come serve his time. 19 years later he has a college degree, is a member of his community, and has never been in trouble with the law again. He is being told to come serve 2 years.
I recall a similar situation elsewhere a few months ago where the man was told 20 years later to report for his sentence but it eventually was thrown out.
Cliffs: In 1995 with a BAC of 0.09 (lower than the limit at that time), he killed an infant in an auto accident. He was convicted of negligent homicide but was never called to come serve his time. 19 years later he has a college degree, is a member of his community, and has never been in trouble with the law again. He is being told to come serve 2 years.
I recall a similar situation elsewhere a few months ago where the man was told 20 years later to report for his sentence but it eventually was thrown out.
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Posted on 7/15/14 at 7:22 am to swampdawg
NO
Posted on 7/15/14 at 7:23 am to swampdawg
No.
If the purpose of prison is rehabilitation, he no longer has any need for it.
If you believe prison is strictly for punishment, you'll disagree with me.
If the purpose of prison is rehabilitation, he no longer has any need for it.
If you believe prison is strictly for punishment, you'll disagree with me.
This post was edited on 7/15/14 at 7:24 am
Posted on 7/15/14 at 7:28 am to Scruffy
I do not disagree
Posted on 7/15/14 at 7:30 am to swampdawg
quote:
He was convicted of negligent homicide
Yes.
Posted on 7/15/14 at 7:32 am to swampdawg
This is an interesting litmus test for why we have a prison system.
Rehabilitation or punishment?
If the point of prison is to rehabilitate, one could easily make the argument that two years of prison will actually make this guy a less productive citizen. He will obviously have to cease working and stop paying taxes. Then, who knows what will happen after he gets out. Will he be able to get his job back?
ETA:
WTH? Why not? Sounds like the state f'd up. While I think the offense deserved prison time, it sounds like they want the man to be unduly punished for an oversight that the state made.
Good to see a voice of reason.
Rehabilitation or punishment?
quote:
Higginbotham noted that since the crash White has earned a bachelor’s degree and real estate license, has a full-time job and has not been arrested again.
If the point of prison is to rehabilitate, one could easily make the argument that two years of prison will actually make this guy a less productive citizen. He will obviously have to cease working and stop paying taxes. Then, who knows what will happen after he gets out. Will he be able to get his job back?
ETA:
quote:
But even after an appeals court affirmed the negligent homicide conviction in February 1997, White never was called to serve his time in prison.
WTH? Why not? Sounds like the state f'd up. While I think the offense deserved prison time, it sounds like they want the man to be unduly punished for an oversight that the state made.
quote:
In dissent, Appeals Judge Toni M. Higginbotham found that LeBlanc fashioned an appropriate sentence, given the unusual circumstance and the lapse of time.
Good to see a voice of reason.
This post was edited on 7/15/14 at 7:35 am
Posted on 7/15/14 at 7:41 am to UGATiger26
quote:That is the crux of the issue.
Rehabilitation or punishment?
I would actually like to hear a justification for why someone believes he should go to prison.
quote:Exactly. We need to quit looking at everything as black and white.
If the point of prison is to rehabilitate, one could easily make the argument that two years of prison will actually make this guy a less productive citizen. He will obviously have to cease working and stop paying taxes. Then, who knows what will happen after he gets out. Will he be able to get his job back?
What good comes from locking this man up?
Posted on 7/15/14 at 7:42 am to swampdawg
sounds like 20 years probation would be appropriate.
Posted on 7/15/14 at 7:44 am to swampdawg
I agree with Judge Higginbotham.
Posted on 7/15/14 at 7:45 am to swampdawg
The infant was also not in a car seat or buckled up.
Posted on 7/15/14 at 7:47 am to Golfer
I was not aware of that aspect
Posted on 7/15/14 at 7:50 am to swampdawg
I would normally say hell yes.
But to wait 19 years seems to be cruel and unusual punishment. They had their chance 19 years ago. If the state feels like "paying the price" for a dead child is only 2 years then we are messed up anyway.
But to wait 19 years seems to be cruel and unusual punishment. They had their chance 19 years ago. If the state feels like "paying the price" for a dead child is only 2 years then we are messed up anyway.
Posted on 7/15/14 at 7:52 am to swampdawg
That is tough... Had it been anything but a homicide, I would say no.
I'm on the fence with this one. I think giving him a shite ton of community service would be the appropriate punishment at this time, not jail time.
I'm on the fence with this one. I think giving him a shite ton of community service would be the appropriate punishment at this time, not jail time.
Posted on 7/15/14 at 7:55 am to Lsut81
It wouldn't have been a homicide if the kid was strapped in.
Posted on 7/15/14 at 7:58 am to swampdawg
I think something like this and other cases mentioned in the OP are reasons we should rethink what prisons are for. To me they are to lock up violent people and ones that can not control their actions. I think "punishment" doesn't improve society. I'd rather victims be given more say in what the appropriate sentence is include forced servitude if agreed to.
Posted on 7/15/14 at 8:00 am to swampdawg
No.
And the state should apologize to the family of the slain.
Twice.
And the state should apologize to the family of the slain.
Twice.
Posted on 7/15/14 at 8:01 am to swampdawg
No he shouldn't
Posted on 7/15/14 at 8:08 am to swampdawg
I love how everyone reacts with the false dichotomy of rehab/punishment.
The criminal justice system had long been a vehicle of rehabilitation, punishment, and deterrence.
The punishment aspect is not merely to deter, but to substitute vengeance by the wronged parties.
If your infant had been killed, you'd demand your 2 years.
The criminal justice system had long been a vehicle of rehabilitation, punishment, and deterrence.
The punishment aspect is not merely to deter, but to substitute vengeance by the wronged parties.
If your infant had been killed, you'd demand your 2 years.
This post was edited on 7/15/14 at 8:11 am
Posted on 7/15/14 at 8:09 am to UGATiger26
quote:
Rehabilitation or punishment?
Can't remember what course I studied this in, but in it the professor always described four "pillars" of the penal system--retribution (punishment), rehabilitation, deterrence, and safety (locking up dangerous people). Putting this guy in jail only serves the first, but that doesn't necessarily make it wrong.
I wouldn't push to have him locked up, but I do hate feeling like someone essentially got off scot free for what amounted to vehicular homicide.
Posted on 7/15/14 at 8:11 am to Tigerlaff
quote:
The punishment aspect is not to deter, but to substitute vengeance by the wronged parties.
It's simple retribution (not revenge). He gets time because the childs life demands it, and it's what he deserves. I would be inclined to push for clemency, but it's certainly not something he's entitled to.
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