The Law - Oddities and Facts

Prisons are becoming 'for profit', how is that good? It's all part of the problem.

Prisons are becoming 'for profit', how is that good? It's all part of the problem.


https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcS8jf_UjONILGaIDqRlHz6ANUFHQt2Rb vECr4jxTz2SH201Cj1-Mg (http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&docid=h5XV6beQyPEsHM&tbnid=wzmQi3CUPckf7M:&ved=0CAUQjRw&url=http%3A%2F%2Fallhumorpic.com%2Ffunny-rage-cat-jail%2F&ei=WwpLU8CfEILNsQTKpoLwBw&psig=AFQjCNH9Nqeh7csyM-ADHs76_awEYaPpug&ust=1397513033117726)

How Lending A Friend Your Car, Then Going to Bed Can Land You a Life Prison Sentence | Alternet (http://www.alternet.org/news-amp-politics/lending-friend-your-car-can-get-you-life-sentence?page=0%2C1&paging=off&current_page=1#bookmark)

The author's best point is that the parents who were selling the drugs out of their house should be held responsible at some point also.

And again, likely none of this happens if marijuana was not illegal.

Bottomline for me, the US system is outta whack, but I don't see much of a chance to get it back on track.

the felony murder rule is there for a good purpose - to deter people from committing violent felonies and holding them accountable for any consequence that results.

if a couple guys decide to rob a store and the clerk dies of a heart attack - you should be charged with felony murder.

if a couple of guys decide to rob a store and the clerk calls his wife afterwards and she dies of a heart attack - you should be charged with felony murder.

the only sticking point and critical decision that had to be made (from reading that brief and one sided article) is whether he knew they intended to rob the girl or should have known (they used his car to rob in the past, he should have known that they would use his car to rob again).

if the guy didnt know, then the DA for that county failed miserably in applying his or her discretion

http://i.imgur.com/SpsqTA4.gif

Most people coming in reading the replies of Giantone.

Ahahahahaha!

Not me, I love troll baiting.

Sent from my DROID RAZR using Tapatalk

Most people coming in reading the replies of Giantone.


What posters need to know when working with NC skins .


Find Jobs: Search millions of jobs now | Comcast Job Search (http://career-advice.comcast.monster.com/in-the-office/Workplace-Issues/Handle-a-Sabotaging-Coworker/article.aspx?WT.mc_n=comcast814)

Handle a Sabotaging Coworker

How Lending A Friend Your Car, Then Going to Bed Can Land You a Life Prison Sentence | Alternet (http://www.alternet.org/news-amp-politics/lending-friend-your-car-can-get-you-life-sentence?page=0%2C1&paging=off&current_page=1#bookmark)

The author's best point is that the parents who were selling the drugs out of their house should be held responsible at some point also.

And again, likely none of this happens if marijuana was not illegal.

Bottomline for me, the US system is outta whack, but I don't see much of a chance to get it back on track.


http://www.nytimes.com/2007/12/04/us/04felony.html?pagewanted=2&_r=0

Mr. Holle had no criminal record. He had lent his car to Mr. Allen, a housemate, countless times before.

“All he did was go say, ‘Use the car,’ ” Mr. Allen said of Mr. Holle in a pretrial deposition. “I mean, nobody really knew that girl was going to get killed. It was not in the plans to go kill somebody, you know.”

But Mr. Holle did testify that he had been told it might be necessary to “knock out” Jessica Snyder. Mr. Holle is 25 now, a tall, lean and lively man with a rueful sense of humor, alert brown eyes and an unusually deep voice. In a spare office at the prison here, he said that he had not taken the talk of a burglary seriously.

“I honestly thought they were going to get food,” he said of the men who used his car, all of whom had attended the nightlong party at Mr. Holle’s house, as had Jessica Snyder.

So, he's at a party with his friends and the murder victim. She likely says something along the lines of 'Mom has safe filled with pot." She leaves, friends say "Hey, let's grab the pot and get some munchies. We probably have to knock out the victim so she doesn't recognize us. Damn, we need a car, can we borrow yours dude?". Guy in jail says "Sure, just bring me back some Doritios." Friends stop to steal the pot and bash victim's head in.

So, did he just think they were joking? or not? Another one of those "hard to judge because I wasn't there and didn't see him, weigh his credibility against others, etc. etc. If he really knew they were plotting to steal the pot and it would be likely result in an assault, well, bad on him. If not, then it shouldn't be a felony murder.

... “I did so because he was not as culpable as the others,” said Mr. Rimmer, the prosecutor.

Mr. Holle, who rejected the deal, has spent some time thinking about the felony murder rule.

“The laws that they use to convict people are just — they have to revise them,” he said. “Just because I lent these guys my car, why should I be convicted the same as these people that actually went to the scene of the crime and actually committed the crime?”

Mr. Rimmer sounded ambivalent on this point.

“Whether or not the felony murder rule can result in disproportionate justice is a matter of opinion,” Mr. Rimmer said. “The father of Jessica Snyder does not think so.”



I know I am probably wrong, but the prosecutor using the bereaved father's judgement as a valid opinion is highly inappropriate to me. If it's my daughter that is killed they all ought to be hung, but the justice system is supposed to look at justice through (basically) unbiased eyes. (Seeing as how it was the parents' stash they were after), maybe the father might look a little at himself and his wife.(pretty hard to do I am sure)

Victims and family get to speak at sentencing.

But the comment by the DA highlighted above seems like he was responding to a reporter and seemed fair and accurate to me.

"People have varying opinions on the felony murder law. The perpetrator doesn't like it, the father of the deceased does." I dont see anything inherently wrong or alarming in that .

I dont think the DA was saying the victim's father made the decision or had final say .... but the ADA in montgomery county gives a lot of weight and deference to the wishes of the victim's families. Ive been in chamber sessions w the DA, defense lawyer and judge on murder/manslaughter/rape cases and the victim's family plays a very large role in what the DA decides to do. (I was a law clerk so i was the proverbial 'fly on the wall', dont talk just listen and learn)

What posters need to know when working with NC skins .


Find Jobs: Search millions of jobs now | Comcast Job Search (http://career-advice.comcast.monster.com/in-the-office/Workplace-Issues/Handle-a-Sabotaging-Coworker/article.aspx?WT.mc_n=comcast814)

Handle a Sabotaging Coworker



I assure you, their failure is 100% on them. I'm not the one sleeping on the job, falsifying timesheets, drinking at work, or using state resources for private use.

Why do you always defend the criminal and blame the victim? That's exactly what you do.