08-20-2009, 07:41 PM | #31 | |
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Re: Plaxico Agrees To Two Year Jail Term
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Punish the crime, not the potential crime.
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08-20-2009, 08:01 PM | #32 |
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Re: Plaxico Agrees To Two Year Jail Term
You keep forgeting one very important fact,the victim..."contributory negligence"(there is a vidio). There was no malice by Sallworth(stupidity,yes)....he can do more good for the Family of the victim out of jail then in it.
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08-20-2009, 08:13 PM | #33 | |
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Re: Plaxico Agrees To Two Year Jail Term
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Break the law, carry a gun to a club, all for what? And your dumbass doesn't even know how to properly secure a weapon. Could have easily killed an innocent patron. He's getting just what he deserves!
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08-20-2009, 08:14 PM | #34 | |
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Re: Plaxico Agrees To Two Year Jail Term
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Actually, I don't entirely disagree with you. It's a draconian law but one that a majority of New Yorkers support. If you don't like the law, don't move to NY.
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08-20-2009, 08:42 PM | #35 | |
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Re: Plaxico Agrees To Two Year Jail Term
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gun laws are a serious issue. even with a permit you cannot carry a loaded weapon in certain places, if you do and if you get caught, the penalty is severe. even worse if you discharge your weapon.
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08-20-2009, 08:55 PM | #36 |
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Re: Plaxico Agrees To Two Year Jail Term
While some view it as harsh, maybe just maybe these players will have a little more selfcontrol when going out.
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08-20-2009, 09:36 PM | #37 |
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Re: Plaxico Agrees To Two Year Jail Term
He really got of lite because the manditory sentence is something like 3 1/2 years. If you think they made an example of him you would have to look at other cases where someone carried a gun into a bar and it went off by accident. I dont think the time fits the crime in this case but the law is the law. He was in the wrong place for that to happen and in just about any other state or city he probably would have had his gun permit taken away and maybe served 30 days or maybe just probation.
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08-20-2009, 09:56 PM | #38 | |
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Re: Plaxico Agrees To Two Year Jail Term
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08-20-2009, 10:07 PM | #39 | |
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Re: Plaxico Agrees To Two Year Jail Term
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08-20-2009, 10:14 PM | #40 |
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Re: Plaxico Agrees To Two Year Jail Term
Indeed, the criminal justice system does not punish "what if" crimes. It only punishes actual violations of the law.
Plax is not in jail because he took a gun to a nightclub where it accidentally went off. That is not his crime. His crime is that he carried a concealed handgun which was unregistered. There isn't a lot of "what if" in there; he did exactly that. Whether or not anyone likes it, that is a crime in NYC. And if anyone thinks that such a law violates the 2nd Amendment of the Constituion, then you also need to believe that there have to be thousands of idiots practicing law in NYC for the past several years because none of them has figured a way to get their aruguments heard in Federal Court to make the NYC law null and void. Highly unlikely... You don't have to like it, but that is the law in NYC and Plaxico Burress broke it. Even his lawyer - - the same guy who got P-Diddy off on similar charges about 2 years ago - - said that Burress' case was virtually indefensible. The law is there because the people who make laws in NYC voted it there and the people in NYC have kept those folks in office so the people there cannot be super-offended by the law. If you don't like that law, live somewhere else. If you have to live in NYC or visit there, obey that law or you might be spending time in the Crossbars Hilton with a roomate named Big Bopper. Burress is not guilty of a "what if" crime. He is guilty of carrying a concealed unregistered handgun in NYC. That is what he plead guilty to; that is why he is going to jail. TECHNICALLY, the security guard at the nightclub who picked up the gun after Plax shot himself is also guilty of violating this law; so is Antonio Pierce who took the gun from the security guard and then took it back to Burress' home in NJ. The grand jury chose not to indict Pierce so the argument that Burress only got charged because he was a "celeb" doesn't hold a lot of water because Pierce is a comparable "celeb". I don't believe the security guard was ever brought to the grand jury for consideration.
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08-20-2009, 10:16 PM | #41 | |
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Re: Plaxico Agrees To Two Year Jail Term
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08-20-2009, 10:44 PM | #42 | |
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Re: Plaxico Agrees To Two Year Jail Term
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08-20-2009, 10:50 PM | #43 | |
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Re: Plaxico Agrees To Two Year Jail Term
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Plaxico could have done many public service announcements too, and been a poster for everyone. Putting him in jail really doesn't dissuade athletes from doing this. They will continue to carry guns. They will just have to be more careful of the dumb laws in NY.
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08-20-2009, 10:54 PM | #44 |
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Re: Plaxico Agrees To Two Year Jail Term
I agree that the sentence seems a little harsh.. but... wasn't Plax aware of the law in New York? Even if he wasn't, ignorance is no excuse to a judge and it was my understanding that there is a mandatory sentence if found guilty. Is this incorrect?
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08-20-2009, 11:08 PM | #45 |
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Re: Plaxico Agrees To Two Year Jail Term
53 Fan:
You are correct! If found guilty at trial there was a mandatory minimum sentence of 42 months in jail staring at him. (That is 3.5 years in case anyone's calculator isn't working.) The charge was carrying an unregistered concealed handgun. No charges involving injuries or intentions or any of that feelgood stuff were on the table. What Burress would have had to show a jury beyond a reasonable doubt was that he was not carrying an unregistered handgun that night. Go back and read the press reports and you will see why his lawyer said the case was almost indefensible. And so he "got off easy" with only a 2 year plea deal; if he had continued to pretend he was innocent - - meaning he never did carry an unregistered handgun in NYC - - he would probably have done 42 months in the slammer. Comparing Burress' sentence to Stallworth's or Leonard Little's or Michael Vick's or even OJ's is comparing apples to oranges. They were charged with different crimes in different jurisdictions with different sentencing structures surrounding potential convictions.
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