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#26 2009-11-07 4:46 pm

mackerm
Screw Benjamin Franklin
From: Los Angeles, Estados Unidos
Registered: 1999-02-25
Posts: 2474
Website

Re: Old school justice - American style

Anonymous Delivers! wrote:

Within reason.

Ta-da.

Ok, smarty, look at it the other way. Do you think paying $10 for stealing $5 is enough punishment? Sounds link a low-risk way to perfect your pick-pocketing skills.

[Edit] Oh yeah, and another thing. By adding "within reason", are you admitting that your original unadorned prescription of a 2x fine is not reasonable?

Last edited by mackerm (2009-11-08 1:07 pm)

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#27 2009-11-07 9:44 pm

MysticCow
Junior Assistant Poobah (Probationary)
From: Somewhere
Registered: 2002-07-29
Posts: 3932

Re: Old school justice - American style

resedit wrote:

MysticCow wrote:

I don't think standing in front of the courthouse is punishment enough.  Maybe a place where more people congregate would be better.

Yeah, but the porn store complained it would be bad for business.

I giggled a little at this.

Anyhoo, these people weren't embarrassed ENOUGH, imo.  Put them on the news for a week and make them admit it every day.  Then force them to work off 25 times the debt in the store.  THEN make them parade around with the sign.

If you ask me, they didn't get a harsh enough sentence and I don't give a damn that it was just a little trinket stolen.  Make an example out of them.

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#28 2009-11-08 12:30 am

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9703
Website

Re: Old school justice - American style

MysticCow wrote:

resedit wrote:

MysticCow wrote:

I don't think standing in front of the courthouse is punishment enough.  Maybe a place where more people congregate would be better.

Yeah, but the porn store complained it would be bad for business.

I giggled a little at this.

Anyhoo, these people weren't embarrassed ENOUGH, imo.  Put them on the news for a week and make them admit it every day.  Then force them to work off 25 times the debt in the store.  THEN make them parade around with the sign.

If you ask me, they didn't get a harsh enough sentence and I don't give a damn that it was just a little trinket stolen.  Make an example out of them.

Christ.

The Eighth Amendment to the Constitution of the United States of America wrote:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Public humiliation is certainly unusual in this day and age.  Your suggestion is excessive in fines, cruel, and unusual.

Read the damn Constitution, people.  Stop letting your thirst for vengeance motivate your life.  It is unhealthy to revel in the pain of others.  Criminals need rehabilitation, not draconian punishment for punishment's sake.


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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#29 2009-11-08 7:54 am

MysticCow
Junior Assistant Poobah (Probationary)
From: Somewhere
Registered: 2002-07-29
Posts: 3932

Re: Old school justice - American style

How is paying back her crime with work cruel (hint hint--this is done all the time in the jail system)?  Plus, you forgot about:

13th Amendment wrote:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

You think that just throwing everyone in prison is the solution, then there is a problem--THERE'S NO ROOM!  Hence the need for more creative sentencing.

How is identifying her on the news for a while cruel?  Maybe the week is a bit on the harsh side though...

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#30 2009-11-08 11:44 pm

Leonard Nimoy
Here and there
From: Kodiak, Alaska
Registered: 2003-04-17
Posts: 3680
Website

Re: Old school justice - American style

A punishment to that degree (getting stuck on the news for a week) should be restricted to crimes that actually have made a difference, and that's assuming the convicted actually cares...

Nobody is going to put someone on the news for a week for stealing a gift card. It's just not practical. In regards to the street dealio, even if they're marked as thieves, only the people that saw them are going to know, they could restart their lives in another state, or even another town..


[MA]Nimoy

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#31 2009-11-09 10:13 am

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9703
Website

Re: Old school justice - American style

MysticCow wrote:

How is paying back her crime with work cruel (hint hint--this is done all the time in the jail system)?  Plus, you forgot about:

Did you read your own post?

SadisticCow wrote:

Anyhoo, these people weren't embarrassed ENOUGH, imo.  Put them on the news for a week and make them admit it every day.  Then force them to work off 25 times the debt in the store.  THEN make them parade around with the sign.

If you ask me, they didn't get a harsh enough sentence and I don't give a damn that it was just a little trinket stolen.  Make an example out of them.

Medieval public humiliation for a week.  Then twenty-five times the value of the gift card as indentured servants to a private company.  Then more public humiliation.  Because you don't care what the circumstances of the crime were, you want to humiliate and demean someone.

MysticCow wrote:

You think that just throwing everyone in prison is the solution, then there is a problem--THERE'S NO ROOM!  Hence the need for more creative sentencing.

How is identifying her on the news for a while cruel?  Maybe the week is a bit on the harsh side though...

Prison isn't the solution.  Rehabilitation is.  Counseling.  This country, thanks to people with attitudes like yours, has overflowing prisons thanks to the "lock 'em up and throw away the key" mentality.  Like how there are people wasting away with life sentences in California for stealing a hot dog, because it was their third strike.


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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#32 2009-11-09 4:00 pm

MysticCow
Junior Assistant Poobah (Probationary)
From: Somewhere
Registered: 2002-07-29
Posts: 3932

Re: Old school justice - American style

Hippie Daniel wrote:

Prison isn't the solution.  Rehabilitation is.  Counseling.  This country, thanks to people with attitudes like yours, has overflowing prisons thanks to the "lock 'em up and throw away the key" mentality.

Ooh, I can change someone's nick also!!!

Then how much therapy should this idiot get for stealing?  Go ahead, sentence her.  Tell me how many therapy sessions she needs to get.

On the other hand, things like jail are supposed to be deterrents.  It isn't working, considering the prison populations.  So for a smaller crime like this, make them work the hell out of their sentences in the store.

Last edited by MysticCow (2009-11-09 4:01 pm)

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#33 2009-11-09 4:08 pm

Anonymous Delivers!
INTERNET HATE MACHINE
Registered: 2009-09-15
Posts: 154

Re: Old school justice - American style

mackerm wrote:

Anonymous Delivers! wrote:

Within reason.

Ta-da.

Ok, smarty, look at it the other way. Do you think paying $10 for stealing $5 is enough punishment? Sounds link a low-risk way to perfect your pick-pocketing skills.

Whereas the other extreme is to lop people's hands off? That's a fine model of government right there!

[Edit] Oh yeah, and another thing. By adding "within reason", are you admitting that your original unadorned prescription of a 2x fine is not reasonable?

No. Certainly gives a reason to still have judges discern the varying degrees of a crime.

Last edited by Anonymous Delivers! (2009-11-09 4:10 pm)


Because none of us are as cruel as all of us.
The voice of none is stronger than the voice of one.
Lulz is a corruption of LOL, which means "laugh out loud".

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#34 2009-11-09 5:49 pm

mackerm
Screw Benjamin Franklin
From: Los Angeles, Estados Unidos
Registered: 1999-02-25
Posts: 2474
Website

Re: Old school justice - American style

Anonymous Delivers! wrote:

mackerm wrote:

Anonymous Delivers! wrote:

Within reason.

Ta-da.

Ok, smarty, look at it the other way. Do you think paying $10 for stealing $5 is enough punishment? Sounds link a low-risk way to perfect your pick-pocketing skills.

Whereas the other extreme is to lop people's hands off? That's a fine model of government right there!

No, the other extreme is standing outside a courthouse with a sign saying you stole a gift card from a 9 year-old girl on her birthday.

[Edit] Oh yeah, and another thing. By adding "within reason", are you admitting that your original unadorned prescription of a 2x fine is not reasonable?

No. Certainly gives a reason to still have judges discern the varying degrees of a crime.

I don't exactly get what you're saying "no" to since you felt the need to add "within reason," but your proposal now seems radically from what you originally said:

Anonymous Delivers! previously wrote:

Force a double repayment of theft, garnished wages if not willfully paid, temporary restraining order, send everyone on their way.

I hope it's not simply to tell people to act with reason and discernment.

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#35 2009-11-09 8:02 pm

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9703
Website

Re: Old school justice - American style

MysticCow wrote:

Hippie Daniel wrote:

Prison isn't the solution.  Rehabilitation is.  Counseling.  This country, thanks to people with attitudes like yours, has overflowing prisons thanks to the "lock 'em up and throw away the key" mentality.

Ooh, I can change someone's nick also!!!

The major difference here is that I am not a hippie but your idea was indeed sadistic.  However, I realize that such nuance and subtlety is lost on many around these parts.

MysticCow wrote:

Then how much therapy should this idiot get for stealing?  Go ahead, sentence her.  Tell me how many therapy sessions she needs to get.

:facepalm:
Appeal to ridicule.  Just because you aren't a criminal rehabilitation professional, and think the idea of treatment in place of punishment is a sissy concept, does not mean that the concept of criminal rehabilitation is invalid.  Jail can be a part of rehabilitation.

MysticCow wrote:

On the other hand, things like jail are supposed to be deterrents.  It isn't working, considering the prison populations.  So for a smaller crime like this, make them work the hell out of their sentences in the store.

Draconian prison sentences don't work, so let's impose draconian labor sentences too?  Ugh.


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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#36 2009-11-09 8:57 pm

robco
Curmudgeon
From: Sodom
Registered: 2004-12-04
Posts: 7936
Website

Re: Old school justice - American style

MysticCow wrote:

On the other hand, things like jail are supposed to be deterrents.  It isn't working, considering the prison populations.  So for a smaller crime like this, make them work the hell out of their sentences in the store.

So you've answered your own question. Throwing people in prison for ever increasing sentences isn't working. The "get tough on crime" solution isn't working. Recidivism is still rather high. Many people have no clue how to function when they try to reintegrate into society and nobody bothers to teach them. Also, due to funding cuts and a lack of universal health care, many folks who are mentally ill wind up in prison as well. They don't get treatment and the cycle continues.


It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde

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#37 2009-11-10 5:54 am

MysticCow
Junior Assistant Poobah (Probationary)
From: Somewhere
Registered: 2002-07-29
Posts: 3932

Re: Old school justice - American style

robco wrote:

Also, due to funding cuts and a lack of universal health care, many folks who are mentally ill wind up in prison as well. They don't get treatment and the cycle continues.

And here we get to the MiniThink solution to everything--universal health care.

Daniel wrote:

Just because you aren't a criminal rehabilitation professional, and think the idea of treatment in place of punishment is a sissy concept, does not mean that the concept of criminal rehabilitation is invalid.  Jail can be a part of rehabilitation.

Perhaps you'd care to reconcile that statement with:

Daniel wrote:

Prison isn't the solution.  Rehabilitation is.  Counseling.  This country, thanks to people with attitudes like yours, has overflowing prisons thanks to the "lock 'em up and throw away the key" mentality.

Again, sentence this person.  Tell me what this person really needs.

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#38 2009-11-10 6:28 am

Sternum
Slathered in barbecue sauce
From: Ribcage
Registered: 2002-01-10
Posts: 3341

Re: Old school justice - American style

They swiped a gift card to WalMart which was probably only worth $25 or so. This is petty theft at best. They should pay a fine and do community service.

I agree in rehabilitation- rather than revenge-driven justice -- it's more effective to address why people commit crimes than to simply remove them from society -- but unless these people are habitual thieves, even that seems a bit over-the-top with this simple case.

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#39 2009-11-10 7:38 am

radarman
Member
Registered: 2005-02-28
Posts: 3584

Re: Old school justice - American style

Sternum wrote:

They swiped a gift card to WalMart which was probably only worth $25 or so. This is petty theft at best. They should pay a fine and do community service.

I agree in rehabilitation- rather than revenge-driven justice -- it's more effective to address why people commit crimes than to simply remove them from society -- but unless these people are habitual thieves, even that seems a bit over-the-top with this simple case.

They did do community service. They told everyone in the community that they were petty thieves, warning anyone who saw them to keep their purse/wallet tight when they come near.

I think the punishment was completely appropriate, especially since it was voluntary in lieu of jail time.

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#40 2009-11-10 8:04 am

Pariah
James Carville Fan..
From: Belly Of The Beast, Oklahoma!
Registered: 2001-05-24
Posts: 18394

Re: Old school justice - American style

radarman wrote:

Sternum wrote:

They swiped a gift card to WalMart which was probably only worth $25 or so. This is petty theft at best. They should pay a fine and do community service.

I agree in rehabilitation- rather than revenge-driven justice -- it's more effective to address why people commit crimes than to simply remove them from society -- but unless these people are habitual thieves, even that seems a bit over-the-top with this simple case.

They did do community service. They told everyone in the community that they were petty thieves, warning anyone who saw them to keep their purse/wallet tight when they come near.

I think the punishment was completely appropriate, especially since it was voluntary in lieu of jail time.

Voluntary, ya right. An agreement arrived at with coercion is not voluntary.
I would imagine the deal was something along the lines of hold the sign for an afternoon or serve the maximum legally allowed sentence. A Max sentence no one is given.

Hey, maybe they deserved it, I don't know or care. But what I do know for a fact is that plea agreements are primarily used to railroad the innocent into pleading guilty.
Perhaps it's time for me to post a retelling of how I spent 2 years fighting off a DA over something he had no case to convict.


"and it's not surprising that they get bitter, they cling to guns or religion or antipathy to people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations."
Barack Obama

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#41 2009-11-10 2:22 pm

robco
Curmudgeon
From: Sodom
Registered: 2004-12-04
Posts: 7936
Website

Re: Old school justice - American style

MysticCow wrote:

robco wrote:

Also, due to funding cuts and a lack of universal health care, many folks who are mentally ill wind up in prison as well. They don't get treatment and the cycle continues.

And here we get to the MiniThink solution to everything--universal health care.

If someone has a mental illness and it goes untreated, how do you expect them to hold down a job?  I'm all for people working and contributing, and providing basic health care does that. Keeping people healthy means fewer sick days and more productivity. But quite a few in the prison population and among the homeless do have untreated mental illnesses or learning impairments.

I still can't believe that we can spend over a trillion on Iraq and Afghanistan, but Zeus forbid we actually spend a fraction of that to help people - our own people.


It is an odd thing, but every one who disappears is said to be seen at San Francisco. It must be a delightful city, and possess all the attractions of the next world.
- Oscar Wilde

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#42 2009-11-10 6:53 pm

Jokotai
Random Data Wrangler
From: Spartanburg SC
Registered: 2009-08-18
Posts: 476
Website

Re: Old school justice - American style

Pariah wrote:

radarman wrote:

Sternum wrote:

They swiped a gift card to WalMart which was probably only worth $25 or so. This is petty theft at best.

I think the punishment was completely appropriate, especially since it was voluntary in lieu of jail time.

Voluntary, ya right. An agreement arrived at with coercion is not voluntary.

This isn't coercion.  It was an alternative sentencing that they had the choice between.  Everybody's saying that they should have done time, and they had that option.  They chose the public service instead.  I don't see a problem here.


There's what you love to do, and then there's what you get paid to do.  Those two things are often different.

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#43 2009-11-11 8:52 pm

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9703
Website

Re: Old school justice - American style

MysticCow wrote:

Again, sentence this person.  Tell me what this person really needs.

I don't need to proffer my own idea to tell you that yours was stupid.

Last edited by Daniel (2009-11-11 8:53 pm)


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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#44 2009-11-11 8:55 pm

Daniel
[dp] design#
From: Melbourne, FL
Registered: 2000-11-21
Posts: 9703
Website

Re: Old school justice - American style

Pariah wrote:

Hey, maybe they deserved it, I don't know or care. But what I do know for a fact is that plea agreements are primarily used to railroad the innocent into pleading guilty.
Perhaps it's time for me to post a retelling of how I spent 2 years fighting off a DA over something he had no case to convict.

Please do, I've somehow missed that story but I concur with your assessment of the purpose of plea agreements.


Airman Dan
Private Pilot, Instrument Airplane Single-Engine Land
http://homepage.mac.com/dp.design/.Pictures/atat/AtAT-Banner.jpg

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