Sentencing for the following crimes.
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  Sentencing for the following crimes.
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Author Topic: Sentencing for the following crimes.  (Read 8791 times)
Citizen James
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« Reply #25 on: September 03, 2006, 03:56:04 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family
20 hours community service + referal to social services

2.  Robbing a bank
Assuming no harm done to bystanders 5-10 years

3.  Vehicular Manslaughter (unintentional)
This one is extremely vague.  Hitting someone committing suicide by running into traffic - no charge.  Hitting someone while engaging in street racing - 10-20 years.

4.  Vehicular manslaughter (under the influence)
10-30 years, depending on recidivism

5.  Possession of Child Pornography
Referal to court appointed psych for possible indefinite involentary committment.  2-5 years if that is not an option.

6.  Possession of one ounce marijuana
100-200 hours of community service.  Referal to rehab.  3 mo. to 1 year imprisionment if repeat offender.

7.  1st Degree Rape
10-20 years.

8.  1st Degree Murder
25-life, death penalty with special circumstances.

9.  Possession of illegal firearm
Depends on the firearm and the purpose.  From community service and confiscation for an collector, to 10-15 years for a large stockpile of heavy millitary ordinance.

10.  Treason
Depends.  Fake treason (the stuff right wingers scream everytime someone disagrees with Bush) no penalty.  Real treason (such as knowlingly selling weapons to terrorists, intentionally comprimising national security, or committing a violent act of war against the US - such as the OK city bombing) 20 years to death, depending on severity.
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GMantis
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« Reply #26 on: September 05, 2006, 02:26:18 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family - Community service

2.  Robbing a bank - 10 years

3.  Vehicular Manslaughter (unintentional) - Depends on circumstances. No punishment if accidental, up to 10 years otherwise

4.  Vehicular manslaughter (under the influence) - 20 years
In both of the above cases 10 more years if the perpetrator fled instead of helping the victim.

5.  Possession of Child Pornography - Suspended sentence, big fine

6.  Possession of one ounce marijuana - Depending on past record - up to 1 year.

7.  1st Degree Rape - Life Imprisonment without parole

8.  1st Degree Murder - Death Penalty

9.  Possession of illegal firearm - 5 years, ban for life possession of weapons

10.  Treason - Death Penalty

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Fmr President & Senator Polnut
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« Reply #27 on: September 05, 2006, 02:49:50 PM »

1. Woman living in poverty steals a loaf of bread to feed her family - Community service

2. Robbing a bank - 12-15yrs

3. Vehicular manslaughter (unintentional) - agree w/Mantis the circumstance need to be much more precise - if there was some serious lapse in judgement - then min 7 years.

4. Vehicular manslaughter (UI) - min 14yrs

5. Possession of child pornography - registration on sex offenders page - prison terms dependent on volume and whether customer or distributor - min 6 months - for mass producers 10yrs min.

6. Possession of one ounce of marijuana - Warning - fine.

7. 1st Degree Rape - Life

8. 1st Degree Murder - Life without Parole... in cell where they can see how nice the outside world is.

9. Possession of illegal firearms - 2 yrs min (dependent on quantity max 10yrs)

10. We need a more modern definition of what would constitute this crime but would not under any other laws - ie Terror, Assassinations etc etc. I think it's an old-world law. Mostly it stays on the books for posterity... and in case of some extreme scenario.
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David S
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« Reply #28 on: September 05, 2006, 06:02:52 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family- Pay back the store owner when she can.

2.  Robbing a bank 15 years if a weapon is used.

3.  Vehicular Manslaughter (unintentional) depends on the cirsumstance

4.  Vehicular manslaughter (under the influence) 15 years

5.  Possession of Child Pornography don't know- fine maybe

6.  Possession of one ounce marijuana nothing- shouldn't be a crime

7.  1st Degree Rape 15 years

8.  1st Degree Murder death unless there are extenuating circumstances

9.  Possession of illegal firearm a fine maybe, but illegally possessing a firearm as in "felon in possession of a firearm" 5 -10years

10.  Treason possibly death depending on circumstances
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Ebowed
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« Reply #29 on: September 05, 2006, 06:16:30 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family
No punishment

2.  Robbing a bank
10 years in prison

3.  Vehicular Manslaughter (unintentional)
6 months in prison

4.  Vehicular manslaughter (under the influence)
2 years in prison

5.  Possession of Child Pornography
Depends.  Is it a 15 year old looking for pics of nude 15 year olds on the web, or is it an adult looking at pre-pubescent children?  Does the guy have one instance of it and claims he found it accidentally or does he have a huge stash?  No punishment to 5 years in prison depending on the circumstances.

6.  Possession of one ounce marijuana
No punishment

7.  1st Degree Rape
5-10 years in prison

8.  1st Degree Murder
25 years in prison

9.  Possession of illegal firearm
What sort of illegal firearm?

10.  Treason
25 years to life
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True Federalist (진정한 연방 주의자)
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« Reply #30 on: September 05, 2006, 06:33:39 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family
Triple restitution, place kids in foster care until she can care for them.

2.  Robbing a bank
10 years to life.

3.  Vehicular Manslaughter (unintentional)
Triple resitution, permanent revocation of driving license.

4.  Vehicular manslaughter (under the influence)
Death

5.  Possession of Child Pornography
Only if it can be shown that they knew or should have known that it was child pornography.
If the child is past puberty, but below the age of consent, a fine unless the possessor knew or should have known that the a crime besides underage sex was involved in getting the child to participate, in which case one year in prison per item of pornography.
If the child is pre-puberty and the possessor knew or should have known, death.

6.  Possession of one ounce marijuana
None

7.  1st Degree Rape
Death

8.  1st Degree Murder
Death

9.  Possession of illegal firearm
Confiscation of the unlicensed weapon, a fine, and revocation of any firearm license for a period of three years.

10.  Treason
Death
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Alcon
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« Reply #31 on: September 05, 2006, 06:42:03 PM »

4.  Vehicular manslaughter (under the influence)
Death

Lord, why?
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David S
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« Reply #32 on: September 05, 2006, 06:52:34 PM »


9.  Possession of illegal firearm -10 to 15 years imprisonment


Some folks like short shotguns for home defense. You can cut the barrel down to 18-1/4" legally but if you cut it down to less than 18" it would be an illegal weapon. 10 to 15 years is bit severe for that.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #33 on: September 05, 2006, 07:11:39 PM »


DUI should be a felony, and a homocide that results from a felony should receive the death penalty,
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Alcon
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« Reply #34 on: September 05, 2006, 07:26:59 PM »


DUI should be a felony, and a homocide that results from a felony should receive the death penalty,

Isn't the point of the death penalty for punishment when no deterrent is possible?

Even if it legally adds up, doesn't it seem unnecessary?
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Fmr President & Senator Polnut
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« Reply #35 on: September 05, 2006, 07:44:06 PM »


DUI should be a felony, and a homocide that results from a felony should receive the death penalty,

Isn't the point of the death penalty for punishment when no deterrent is possible?

Even if it legally adds up, doesn't it seem unnecessary?

I consider the mens rea element of murder incredibly important - obviously there is constructive murder (which is what Ernest is suggesting) - however that is usually for crimes like armed robbery. A DUI would never qualify.
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True Federalist (진정한 연방 주의자)
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« Reply #36 on: September 05, 2006, 08:42:41 PM »

No one is ever forced to drink and drive.  Such people have chosen to act in a reckless manner before they've taken the first drink if they haven't provided for how they will get home without driving themselves.
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Alcon
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« Reply #37 on: September 05, 2006, 08:48:31 PM »

No one is ever forced to drink and drive.  Such people have chosen to act in a reckless manner before they've taken the first drink if they haven't provided for how they will get home without driving themselves.

That's not really answering my question.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #38 on: September 05, 2006, 10:32:51 PM »

No one is ever forced to drink and drive.  Such people have chosen to act in a reckless manner before they've taken the first drink if they haven't provided for how they will get home without driving themselves.

That's not really answering my question.

How so?  Clearly the fact that if you f'up and kill somone while drinking and driving should act as a deterent to drinking and driving.  People who intenionally place themselves in a situation where they cannot think straight should be held just as responsible for the forseeable consequences of their actions as anyone else.  If they were hopefully they'd be more responsible.  I could see an exception to the death penalty for someone who got drunk at home and then while drunk decided to go for a drive and killed someone else as a result, since one could argue that the situation of drinking and driving was not forseeable before the drinking began.
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Fmr President & Senator Polnut
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« Reply #39 on: September 05, 2006, 10:37:47 PM »

I have serious objections to the death penalty in the first place - however - to give to someone who did not INTENTIONALLY act to kill a person makes me very very nervous.

There's a case of a truck driver in Australia who was thrown out of a bar, he lost his temper... but still pissed as a fart, he got in his rig and drove it straight into the Bar. Killing one person. That was considered to be a reckless act, since he didn't actual intend to kill someone - he just didn't care if his actions did.

I think someone who has a few too many a get behind a wheel reaches that level - I gave the 14years as a minimum.
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Alcon
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« Reply #40 on: September 05, 2006, 10:43:50 PM »

How so?  Clearly the fact that if you f'up and kill somone while drinking and driving should act as a deterent to drinking and driving.  People who intenionally place themselves in a situation where they cannot think straight should be held just as responsible for the forseeable consequences of their actions as anyone else.  If they were hopefully they'd be more responsible.  I could see an exception to the death penalty for someone who got drunk at home and then while drunk decided to go for a drive and killed someone else as a result, since one could argue that the situation of drinking and driving was not forseeable before the drinking began.

What is the use of killing them, considering that they are not likely to re-offend in most cases?  And, if we make the distinction for drinking beginning at home, why not make the distinction for DUIs in general?
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True Federalist (진정한 연방 주의자)
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« Reply #41 on: September 05, 2006, 11:00:35 PM »
« Edited: September 05, 2006, 11:05:11 PM by NE LG Ernest »

How so?  Clearly the fact that if you f'up and kill somone while drinking and driving should act as a deterent to drinking and driving.  People who intenionally place themselves in a situation where they cannot think straight should be held just as responsible for the forseeable consequences of their actions as anyone else.  If they were hopefully they'd be more responsible.  I could see an exception to the death penalty for someone who got drunk at home and then while drunk decided to go for a drive and killed someone else as a result, since one could argue that the situation of drinking and driving was not forseeable before the drinking began.

What is the use of killing them, considering that they are not likely to re-offend in most cases?

Considering that DUI has a high recidivism rate, saying they are not likely to re-offend is absurd.  You seem to be arging that the penalty for a DUI should be the same regardless of whether no damage occurred or the drunk kills a family of four.

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Because a person who drives to someplace else and then drinks can be presumed to have made while sober the premeditated decision to drive after drinking.  The same is unlikely to be the case for a person who drinks at home.  The inability to show premeditation for the act of driving after drinking that caused the death is why a lesser penalty would be appropriate in such cases.
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adam
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« Reply #42 on: September 05, 2006, 11:18:11 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family 1 year

2.  Robbing a bank 15 years

3.  Vehicular Manslaughter (unintentional) 2 years

4.  Vehicular manslaughter (under the influence) 15 years

5.  Possession of Child Pornography 15 years

6.  Possession of one ounce marijuana None/Support Decriminalising

7.  1st Degree Rape Death Penalty

8.  1st Degree Murder Death Penalty

9.  Possession of illegal firearm 5 years

10.  Treason Life, though "treason" is a very subjective term
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Alcon
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« Reply #43 on: September 05, 2006, 11:24:07 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family 1 year

3.  Vehicular Manslaughter (unintentional) 2 years

...Tongue?
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Alcon
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« Reply #44 on: September 05, 2006, 11:25:32 PM »

Considering that DUI has a high recidivism rate, saying they are not likely to re-offend is absurd.  You seem to be arging that the penalty for a DUI should be the same regardless of whether no damage occurred or the drunk kills a family of four.

DUI might, but does vehicular manslaughter during a DUI?

And what is giving you the impression highlighted in your second sentence?

Because a person who drives to someplace else and then drinks can be presumed to have made while sober the premeditated decision to drive after drinking.  The same is unlikely to be the case for a person who drinks at home.  The inability to show premeditation for the act of driving after drinking that caused the death is why a lesser penalty would be appropriate in such cases.

I suppose that's true, but I doubt many people set out thinking, "hey, I'm going to drive drunk tonight."  Not that I have much sympathy for those who do.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #45 on: September 05, 2006, 11:32:30 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family 1 year

Are you certain your real name isn't Inspector Javert intead of Captain Vlad?
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GMantis
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« Reply #46 on: September 05, 2006, 11:39:56 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family 1 year

Are you certain your real name isn't Inspector Javert intead of Captain Vlad?
No, he'd want 5 years then.
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YRABNNRM
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« Reply #47 on: September 06, 2006, 12:42:46 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family 1 year

Are you certain your real name isn't Inspector Javert intead of Captain Vlad?
No, he'd want 5 years then.

And the rest because he tried to run....
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Citizen James
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« Reply #48 on: September 06, 2006, 02:27:28 PM »

Along the lines of the DUI substring, in my area there have been successful prosecutions of DUI homicide up to second degree murder.  Those may have been specific circumstances (drunk intentionally uses car as a weapon), but I'm an not familar with the details of the cases as they were a few years back.

From a legalistic viewpoint, I would consider the typical dui manslaughter to be manslaughter (volentary) due to gross neglegence, and deserving of a severe penalty.
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Nation
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« Reply #49 on: September 06, 2006, 06:12:42 PM »

1.  Woman living in poverty steals a loaf of bread to feed her family:

small fine


2.  Robbing a bank

5-10 years, counseling

3.  Vehicular Manslaughter (unintentional)

6 months, suspended license for 5 years, probation for 3 years

4.  Vehicular manslaughter (under the influence)

15 years, permanent suspended license

5.  Possession of Child Pornography

5-10 years, counseling

6.  Possession of one ounce marijuana

should be legal



7.  1st Degree Rape

25 years to life

8.  1st Degree Murder

life in prison, no parole eligibility

9.  Possession of illegal firearm

5-10 years

10.  Treason

life in prison, no parole eligibility
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