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re: should this man have to serve his sentence?

Posted on 7/15/14 at 8:14 am to
Posted by Lsut81
Member since Jun 2005
83702 posts
Posted on 7/15/14 at 8:14 am to
quote:

I would be inclined to push for clemency, but it's certainly not something he's entitled to.


Thats why I suggested community service over the next two years.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22094 posts
Posted on 7/15/14 at 8:14 am to
quote:

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.


Exactly. The finder of fact, a jury of his peers, found him guilty. An Internet message board's opinion re car seats, etc really means jack.

I'd be ok with a SCOTUS ruling establishing a statute of limitations for carrying out of a sentence.
This post was edited on 7/15/14 at 8:15 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112547 posts
Posted on 7/15/14 at 8:15 am to
quote:

If you believe prison is strictly for punishment, you'll disagree with me.


Prison is/should be for punishment.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22094 posts
Posted on 7/15/14 at 8:16 am to
quote:

Prison is/should be for punishment


Exactly. It has nothing to do with what you "believe." It is demonstrably one of the goals of the penal system in American common law.
Posted by Lsut81
Member since Jun 2005
83702 posts
Posted on 7/15/14 at 8:17 am to
quote:

It wouldn't have been a homicide if the kid was strapped in.



Theres no way to 100% know that...

You can play the what if game all day. What if the kid was strapped in and was paralyzed instead of killed?
Posted by Scruffy
Kansas City
Member since Jul 2011
76602 posts
Posted on 7/15/14 at 8:18 am to
quote:

Prison is/should be for punishment.
Only punishment?

Should we not attempt rehab as well?

Should the punishment or the rehab be the more important of the two?
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17576 posts
Posted on 7/15/14 at 8:19 am to
quote:

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


this is somewhat correct. I believe rehabilitation is for non violent crimes and punishment for violent crimes.

I agree he should not have to do any time at this point.
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 7/15/14 at 8:20 am to
quote:

Should the punishment or the rehab be the more important of the two?


This greatly depends on the convictions of whoever you're talking to.

In short, Pandora's Box is officially open
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 7/15/14 at 8:20 am to
quote:


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
What in the frick?
Posted by Lsut81
Member since Jun 2005
83702 posts
Posted on 7/15/14 at 8:22 am to
What is the prison in the UK that is basically wide open? All of the convicted live on a farm, are free to roam, and support themselves? I think I remember the percentage that reoffended was nearly 0.
Posted by Scruffy
Kansas City
Member since Jul 2011
76602 posts
Posted on 7/15/14 at 8:22 am to
quote:

This greatly depends on the convictions of whoever you're talking to.
I do agree.

In this man's case, it wasn't a violent crime, despite the homicide charge. Rehab should've been the focus, and that was addressed through his own actions.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 7/15/14 at 8:23 am to
quote:



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 sorry. It's been 19 fricking years. It is on the state to get shite right in the criminal justice system. When the state fails, well oops fricking oops. The state shouldn't get a do over just because it was administratively fricked up.
Posted by NbamaTiger90
Member since Sep 2012
1752 posts
Posted on 7/15/14 at 8:24 am to
quote:

the childs life demands it, and it's what he deserved


19 years ago they could have thrown the book at him and no one would care one way or the other. To allow this man to establish a productive life then throw him in jail 19 years later is going to make him a non-productive member of society after he gets out.

We have laws against cruel and unusual punishment. I really believe this is cruel to exact a punishment in this manner.
Posted by Lsut81
Member since Jun 2005
83702 posts
Posted on 7/15/14 at 8:25 am to
quote:

I'm sorry. It's been 19 fricking years. It is on the state to get shite right in the criminal justice system. When the state fails, well oops fricking oops. The state shouldn't get a do over just because it was administratively fricked up.


So what if the guy had murdered 3 children with a knife and the justice system screwed up and never had him serve his time? You'd be cool with him never being punished because "Ooops, the state fricked up?"
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134141 posts
Posted on 7/15/14 at 8:25 am to
quote:

In this man's case, it wasn't a violent crime, despite the homicide charge. Rehab should've been the focus, and that was addressed through his own actions.


I heartily agree with that assessment.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22094 posts
Posted on 7/15/14 at 8:26 am to
quote:

This greatly depends on the convictions of whoever you're talking to.


Right. There are the two extremes: 1) hold every killer's hand and teach them to deal with their feelings, rehabilitating them and freeing them after 10 years, or 2) bullet to the back of the head on the steps of the courthouse after sentencing.

The thing is, society wants something in between those extremes and when it comes to murder (or negligent homicide of infants, for that matter), people want some retribution. I think the guy should do his time, but I'd also support a change in the law to tell the state to effectuate a sentence in timely fashion or be barred from it.

Posted by TROLA
BATON ROUGE
Member since Apr 2004
14407 posts
Posted on 7/15/14 at 8:26 am to
I believe prison is meant to punish and rehabilitate. Whatever the mechanism, the main goal is to prevent someone from committing criminal acts again. It's apparent in this case that this man took the opportunity to foster a life free from irresponsibility and crime associated with the offense committed. He should be not be incarcerated at this point to simply uphold a punishment that will serve no purpose at this point.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 7/15/14 at 8:27 am to
quote:

So what if the guy had murdered 3 children with a knife and the justice system screwed up and never had him serve his time? You'd be cool with him never being punished because "Ooops, the state fricked up?"



Actually, YES. For frick's sake. If what you described happened, the people I'd be most pissed at would be all the state folks who fricking ran a jacked up system that allowed it.

Allowing the state to reach back 19 years is absolutely 100% NOT a thing that we should allow from a state.

Again, in any decent justice system, it is on the STATE to get things right. I mean hell. We have people who murder and get off because the DA was completely incompetent. We don't, 20 years later, come at that guy with a competent DA and say, "well, what you did was pretty bad so you really shouldn't get a pass just because we're idiots".

Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 7/15/14 at 8:28 am to
quote:

In this man's case, it wasn't a violent crime, despite the homicide charge. Rehab should've been the focus, and that was addressed through his own actions.




Yet he still needs to be punished for taking the life of an infant. Or does he not?
Posted by Scruffy
Kansas City
Member since Jul 2011
76602 posts
Posted on 7/15/14 at 8:28 am to
quote:

So what if the guy had murdered 3 children with a knife and the justice system screwed up and never had him serve his time? You'd be cool with him never being punished because "Ooops, the state fricked up?"
The world isn't black and white. We should not address every situation the same because, well, they aren't the same.

"One size fits all" ideals are a horrible way to function, as we see with "No Tolerance" policies in schools.

You have to take each situation individually.
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