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Message
Judges - the weak link in the criminal justice system
Posted on 2/6/19 at 2:46 pm
Posted on 2/6/19 at 2:46 pm
quote:
Jamie Johnson, 47, of the 1900 block of Lisa Street in Chalmette, was booked Jan. 28 with possession with the intent to distribute suboxone, possession with the intent to distribute cocaine, possession with the intent to distribute heroin, possession with the intent to distribute amphetamine, possession of a firearm while in possession of a controlled dangerous substance, and possession of drug paraphernalia.
After agents learned Johnson was distributing illegal narcotics in St. Bernard Parish, Sheriff Pohlmann said, the investigation led them to his residence where they recovered 31 packs of suboxone, as well as cocaine, heroin, amphetamine, dextroamphetamine, syringes and clear plastic baggies.
The Sheriff said agents also recovered three handguns - a .40 caliber Magnum Research Baby Eagle, a .22 caliber Beretta 21 Bobcat and a .40 caliber Taurus Slim, and three rifles - two .22 caliber Remington 597s and a .7mm Harrington and Richardson.
So... 4 different drugs, and 6 guns.
What was his bond?
quote:
Johnson was transported to St. Bernard Parish Prison where he was booked. He was released Feb. 1 on a $60,000 bond.
So, $6,000 for a drug dealer (I'm going to assume the guns were not stolen because he wasn't charged with possession of stolen guns, only having guns while also having drugs) and he's back on the streets.
11
Posted on 2/6/19 at 2:48 pm to LSUFanHouston
Well, they used to be lawyers
Posted on 2/6/19 at 2:50 pm to LSUFanHouston
quote:
He was released Feb. 1 on a $60,000 bond.
So, $6,000 for a drug dealer
Huh?
Posted on 2/6/19 at 2:53 pm to LSU Tigershark
quote:
He was released Feb. 1 on a $60,000 bond. So, $6,000 for a drug dealer
Huh?
Subtle “I’ve never been arrested so I don’t know how bail bondsmen work” brag
Posted on 2/6/19 at 2:54 pm to LSUFanHouston
$60,000 bond.
So, $6,000 for a drug dealer
So, $6,000 for a drug dealer
This post was edited on 2/6/19 at 2:56 pm
Posted on 2/6/19 at 2:56 pm to LSU Tigershark
quote:
Huh?
60K bond
Bail bondsman puts up 90%, drug dealer 10%
10% of $60,000 = $6,000
Posted on 2/6/19 at 2:58 pm to LSUFanHouston
quote:is a felony, i believe.
only having guns while also having drugs
I really think you would have had a better argument if you posted some of the stuff Trudy White has done. Like released a child rapist who lives next door the the little girl he raped.
This post was edited on 2/6/19 at 3:00 pm
Posted on 2/6/19 at 3:02 pm to LSUFanHouston
Well, y'know...there is that old pesky Constitution. Y'know, that damn 8th Amendment thing. And of course, that presumption innocence thing. Of course, Judges have nothing to do with either of the above. But, let's call Judge's the wink link.
But I think you are bitching because you think the bond should be higher. You do realize the purpose of the bond is to secure appearance at trial, right? It is not a punishment. It is a balance between the risk of flight, taking into account the severity of the crime.
Of course, we could do away with that whole presumption of innocence thing and just keep people in jail until their trial.
Stay in your lane, bro
But I think you are bitching because you think the bond should be higher. You do realize the purpose of the bond is to secure appearance at trial, right? It is not a punishment. It is a balance between the risk of flight, taking into account the severity of the crime.
Of course, we could do away with that whole presumption of innocence thing and just keep people in jail until their trial.
Stay in your lane, bro
Posted on 2/6/19 at 3:05 pm to Barrister
quote:
But I think you are bitching because you think the bond should be higher. You do realize the purpose of the bond is to secure appearance at trial, right? It is not a punishment. It is a balance between the risk of flight, taking into account the severity of the crime.
I do not believe $6,000 is enough to secure appearance at trial. And even considering the bail bondsman, I don't think $60,000 is enough.
quote:
Of course, we could do away with that whole presumption of innocence thing and just keep people in jail until their trial.
I mean, the drugs and guns were found at his house. I'm curious what the defense could be.
quote:
Barrister
Defense attorney, are we?
quote:
Judges have nothing to do with either of the above
If the court is only willing to give out such a low bond, my guess is they won't give out much of a punishment, either.
Posted on 2/6/19 at 3:20 pm to LSUFanHouston
The weird thing to me is IME the guys I was sure would run never did. The no-shows were the ones that had petty crimes and grandma or their GF posted the entire bond. The ones with bail bondsmen breathing down their neck always seemed to show up.
Posted on 2/6/19 at 3:49 pm to LSUFanHouston
OP, you're clueless. There should be no bail system just like California has moved to do. There are a lot of innocent people in jail bc they can't bond out, so they're guilty and sentenced without a trial bc they don't have enough money.
Posted on 2/6/19 at 3:50 pm to LSUFanHouston
quote:
I do not believe $6,000 is enough to secure appearance at trial. And even considering the bail bondsman, I don't think $60,000 is enough.
Then run for judge.
quote:
I mean, the drugs and guns were found at his house. I'm curious what the defense could be.
Right now, a police officer is saying the drugs were found at his house. That hasnt been proven beyond a reasonable doubt. There could be numerous defenses based upon what the article says. Maybe it wasnt really his house. Maybe it was his house but he wasn't living there and someone else was. Maybe he was living there but had a roommate who had all of the drugs and guns in a locked box that only the roommate had access to. If that were the case, this guy wouldn't legally be in possession of any of it even if it was found "at his house."
There are a number of factors the code requires the court to consider when setting a bond. The judge had more information than you do. You also dont know what bond conditions the court might have placed on this defendant.
Basically, in short, you are free to have your opinion that the bond amount in this case is too low. It is my opinion that you are extremely ignorant about the criminal justice system.
Posted on 2/6/19 at 4:25 pm to LSUFanHouston
A few years ago there was an incident in Livingston parish where a guy in a truck fired shots at law enforcement. He was arrested an his female passenger had warrants and was in possession of narcotics. Her bond was actually higher than his.
Judges are rules by laws but are some of the most unpredictable people
Judges are rules by laws but are some of the most unpredictable people
Posted on 2/6/19 at 4:49 pm to LSUFanHouston
quote:
If the court is only willing to give out such a low bond, my guess is they won't give out much of a punishment, either.
Bond and punishment have nothing to do with one another. Why do you think this won't secure his appearance at trial? Do you know if he has prior convictions or has ties to the area or the means to actually run?
Posted on 2/6/19 at 4:50 pm to LSUFanHouston
quote:
But I think you are bitching because you think the bond should be higher. You do realize the purpose of the bond is to secure appearance at trial, right? It is not a punishment. It is a balance between the risk of flight, taking into account the severity of the crime.
I do not believe $6,000 is enough to secure appearance at trial. And even considering the bail bondsman, I don't think $60,000 is enough.
Well, I think I found the problem. The criminal justice system rules of procedure are not predicated upon arbitrary beliefs. Did you attend the hearing? Did you hear evidence of flight risk? What percentage of people skip bail? Please do not speak of things you do not know about.....
quote:
Of course, we could do away with that whole presumption of innocence thing and just keep people in jail until their trial.
I mean, the drugs and guns were found at his house. I'm curious what the defense could be.
So am I....and there may not be much of one. But, that does not mean he does not have the right to try. We are not Iran...we do not drag people out in the street and shoot them in the head.
quote:
Barrister
Defense attorney, are we?
Nope. Wanna know why? I cannot balance my personal feelings in hating criminals against my respect and belief that our criminal justice must operate above personal bias against crime and criminals. I could not give a client a fair shake as their criminal defense attorney, so I do not prejudice their rights by trying to represent them.
quote:
Judges have nothing to do with either of the above
If the court is only willing to give out such a low bond, my guess is they won't give out much of a punishment, either.
Now see....there we go again. Making uneducated assumptions. Often Bail is set on a consistent schedule within a jurisdiction. This means, absent any unique circumstances, a conservative judge and a liberal judge will issue the same bail. In other words, there is no correlation between bail and sentence.
Posted on 2/6/19 at 5:35 pm to Barrister
It's intended to ensure appearance and to protect the community, hence why the factors here are:
And in federal court are
quote:
(1) The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
(2) The weight of the evidence against the defendant.
(3) The previous criminal record of the defendant.
(4) The ability of the defendant to give bail.
(5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.
(6) The defendant's voluntary participation in a pretrial drug testing program.
(7) The absence or presence of any controlled dangerous substance in the defendant's blood at the time of arrest.
(8) Whether the defendant is currently out on bond on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
(9) Any other circumstances affecting the probability of defendant's appearance.
(10) The type or form of bail.
And in federal court are
quote:
the nature and circumstances of the offense (in particular whether it is an offense which is violent or nonviolent in nature, or involves narcotics);
the weight of the evidence against the person;
the history and characteristics of the person --
character -- including physical and mental condition), family ties, employment, financial resources, length of time in the community, community ties, past conduct history relating to drug or alcohol abuse, criminal history, record of court appearances; and
whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under Federal, State, or local law; and
the nature and seriousness of the danger to any person or to the community that would be posed by the person's release.
Posted on 2/6/19 at 5:49 pm to LSUFanHouston
Unless the person is a danger or a flight risk, there’s nothing wrong with Pretrial release. And the bond is intended to minimize the flight risk. If the accused skips court, the bail bondsman will send Dog after him.
Posted on 2/6/19 at 5:52 pm to LSUFanHouston
quote:
Bail bondsman puts up 90%,
More than likely had to put up 10k... rarely do they take 10% on felony charges anymore
Posted on 2/6/19 at 7:46 pm to LSUFanHouston
The trouble with these people is they will NOT leave town.
The court could release most on their own recognizance, and their appearance would be just as sure as the poor bastard who had to pay a bondsman $$$ to get out.
If they do run and leave town, Hallelujah!! Your town is rid of a hoodlum drug dealer and does not have to pay to lock him up.
The court could release most on their own recognizance, and their appearance would be just as sure as the poor bastard who had to pay a bondsman $$$ to get out.
If they do run and leave town, Hallelujah!! Your town is rid of a hoodlum drug dealer and does not have to pay to lock him up.
Posted on 2/6/19 at 7:57 pm to LSUFanHouston
quote:
a .7mm Harrington and Richardson.
The smallest caliber in history?
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