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  1. #1
    now! in shell form INA's Avatar
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    Default Man Gets 1 Year in Prison for Rape and Sodomization of 4 Yr Old

    Query: the wisdom and ethics of plea bargains.

    Is this incompetent prosecution from the state? Should there be limits on how much a plea bargain can mitigate the length of a sentence? Should we just be lucky they managed to get a conviction at all?

    Crime Scene KC

    Technically, the sentence was 20 years, but the judge suspended 19 of them. The defendant also got credit for the nine months that he served since being arrested. So there are a lot of people howling for the judge and DA right now, including Bill O'Reilly. The McAlester News-Capital has a good overview of the case. It sounds like the prosecution hinged on the girl's testimony, and that, frankly, she wasn't a good witness. She's only about 5 years old.

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  2. #2
    Senior Member Wade Wilson's Avatar
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    This is just another example of our blatantly useless justice system.

    If he got caught with a bag of weed he'd probably be looking at fifteen years right now.

    They can at least have the sense not to put him in protective custody (something I don't think should exist anyway). For a pederast, a year in prison will seem like an eternity. If he survives that long.

    I have always been of the opinion that if someone has violated the human rights of others theirs should be considered forfeit.
    I know a girl, she's one of a kind
    But the poor little thing, she's going out of her mind
    There's something you forgot - there's a reason why she's lost
    Cos baby she don't want to be found

  3. #3
    You're fired. Lol. Antimony's Avatar
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    That is absolutely disgusting. Sometimes I want to become a lawyer/get involved with the justice system just so I could do one more thing to shape it up.

    I hope he survives no more than three days.

  4. #4
    now! in shell form INA's Avatar
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    Quote Originally Posted by Wade Wilson View Post
    This is just another example of our blatantly useless justice system.

    If he got caught with a bag of weed he'd probably be looking at fifteen years right now.

    They can at least have the sense not to put him in protective custody (something I don't think should exist anyway). For a pederast, a year in prison will seem like an eternity. If he survives that long.

    I have always been of the opinion that if someone has violated the human rights of others theirs should be considered forfeit.
    Fun fact!
    He's getting credit for time served already (9 months) so he may be out by September!
    hoarding time and space
    A single event can awaken within us a stranger totally unknown to us. To live is to be slowly born.
    — Antoine de Saint-Exupery

  5. #5
    Senior Member Wade Wilson's Avatar
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    Quote Originally Posted by InaF3157 View Post
    Fun fact!
    He's getting credit for time served already (9 months) so he may be out by September!
    What especially annoys me about this (and this is from personal experience) is that because he was in prison for ANY amount of time, and considering he'll have to go through all sorts of rehabilitation (that the people will end up paying for), while there are thousands of people in America right now out there looking for work, he'll be given a job to help him get his life together.
    I know a girl, she's one of a kind
    But the poor little thing, she's going out of her mind
    There's something you forgot - there's a reason why she's lost
    Cos baby she don't want to be found

  6. #6
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    The only use of a prison should be rehabilitation.

  7. #7
    Minister of Propagandhi ajblaise's Avatar
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    Sounds like laws need to be further nuanced concerning young kids that have to serve as witnesses. According to the judge, he didn't have the power to end up giving a different sentence. I'm not sure on all the details, but if that's true, the problem is clearly beyond this particular court room.

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    @.~*virinaĉo*~.@ Totenkindly's Avatar
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    Okay, I'm pissed about what happened and think something needs to be fixed.

    However, as a side issue:
    The agreement has touched off a major controversy over criminal justice in McAlester, including calls for the removal of the judge from office. The state attorney general has also launched an inquiry into the case.

    Actually, the judge imposed a sentence of 20 years in prison, but he suspended 19 of those years. He also fined Earls $1,000.

    Some people think I could have given a different sentence, and I couldnt, said District Judge Thomas Bartheld. In any plea bargain, where there is a negotiated plea, the court cant change it.

    Nonetheless, talk show hosts, politicians and ordinary citizens have bashed the district attorney and a judge for going too easy on Earls.
    What's the deal with the right-wing talk show hosts?

    They scream at "activist" judges who "reinterpret the law as they see fit."
    Now they're screaming because the judge himself is pissed but won't change the law to suit his fancy.
    You know, I'm getting sort of sick of political stances where it's "Please don't interfere with the law... unless of course it fits with my ideology."

    In any case... obviously the law needs changed.
    "Hey Capa -- We're only stardust." ~ "Sunshine"

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  9. #9
    Minister of Propagandhi ajblaise's Avatar
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    Quote Originally Posted by Jennifer View Post
    They scream at judges who "reinterpret the law as they see fit."
    Now they're screaming because the judge himself is pissed but won't change the law to suit his fancy.
    Exactly. I was just thinking the same thing.

  10. #10
    now! in shell form INA's Avatar
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    The anger is misdirected certainly. Not exactly an intelligent response. What they should be bitching about is the plea-bargaining system. Many have argued it makes a mockery of the concept of criminal justice.
    hoarding time and space
    A single event can awaken within us a stranger totally unknown to us. To live is to be slowly born.
    — Antoine de Saint-Exupery

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