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Same crime, same punishment

Estro Felino

Believer in free will
Premium Member
They don't. I can tell that you did not read the article. I am going to put this in a spoiler, but I can see why the judge imposed that sentence. You probably just read the title:

“Torres, who had retrieved a shotgun from his vehicle, pointed his shotgun at the group of African American party-goers and stated he was going to kill them while his co-defendants stated that ‘the little ones can get one too,’ referring to the young children at the party,” the statement said.
So?
In my country for that crime you get maximum one year.
Six months of which of public service in a volunteers' facility.

In my country you cannot give the same amounts of years we usually give to second-degree murderers.
 

McBell

Admiral Obvious
So?
In my country for that crime you get maximum one year.
Six months of which of public service in a volunteers' facility.

In my country you cannot give the same amounts of years we usually give to second-degree murderers.
What country is that?
Where threatening the life of a group pf children at a birthday party is only a year punishment?
 

Subduction Zone

Veteran Member
They don't. You did not read the article that you linked, or at least it looks that way. Here is what you missed, see if you can think of a reason why they got such a severe sentence:

“Torres, who had retrieved a shotgun from his vehicle, pointed his shotgun at the group of African American party-goers and stated he was going to kill them while his co-defendants stated that ‘the little ones can get one too,’ referring to the young children at the party,” the statement said.
 

Left Coast

This Is Water
Staff member
Premium Member
"Quality of legal counsel does matter"

It shouldn't matter because it shows the poor get a harsher sentence for being poor.

Same crime should be same punishment regardless of attorney

That would be nice, but the reality is that the complexities of the legal system and the factors that play into sentencing require some level of legal expertise to understand and argue before a judge. And when one side has a better argument than the other, based on better preparation and so on, it's probably going to win. That's just the nature of the beast in a system where two sides argue agaihst each other in a court.
 

We Never Know

No Slack
That would be nice, but the reality is that the complexities of the legal system and the factors that play into sentencing require some level of legal expertise to understand and argue before a judge. And when one side has a better argument than the other, based on better preparation and so on, it's probably going to win. That's just the nature of the beast in a system where two sides argue agaihst each other in a court.
Its also known as money talks and BS walks.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
IMO punishments shouldn't vary so widely.
Example..
1. Joe gets busted with some pot. $300 fine
2. Bob gets busted with the same amount of pot, 3 years DOC

If the crimes are the same, IMO the sentence should be the same too.

Thoughts?

Edit.... BOTH are first time offenders.
There is also redundancy for the same crime.

Two applicable laws with fines for one crime makes more money than one law with a fine for one crime.

Two applicable laws for the same crime keeps a person in longer as a prison slave than one law for one crime as a prison slave.
 

Estro Felino

Believer in free will
Premium Member
Ah okay. So in that case it sounds like the second guy had a poor defense. Quality of legal counsel does matter (no shade to public defenders, who are often overworked and cannot dedicate the time they would like to every case).
That's unacceptable, I am sorry.
So in the United States of America it's all about the lawyer's prestige?

Now I understand why OJ Simpson got away with murder.
 

We Never Know

No Slack
Okay. If you think of a better way, you should talk to some local lawyers and judges about it. I'd be fascinated to know what they say.
Have you ever thought about how many people are in prison only because they are poor and how many are free only because they are rich?
 

Estro Felino

Believer in free will
Premium Member
It was because the prosecutor failed to show he was involved in the murder.
Which has nothing to do with the judge.
It's the jury who decides.
The prosecutors demonstrated the motive, the blood footprints, etc...
 

Left Coast

This Is Water
Staff member
Premium Member
That's unacceptable, I am sorry.
So in the United States of America it's all about the lawyer's prestige?

Not "prestige" - quality of argument.

You have a very black and white way of seeing the world. Unfortunately, reality is complicated and nuanced. I realize you may not like that, but it's how it is.
 

Estro Felino

Believer in free will
Premium Member
Not "prestige" - quality of argument.

You have a very black and white way of seeing the world. Unfortunately, reality is complicated and nuanced. I realize you may not like that, but it's how it is.

I rely on this evident difference. We trust in the law, not in God.

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