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The Chip Board Archive 07

Re: NCR-question for the board attorney's

OK- AS a former lawyer (Admitted to the New York Bar) and a punk rock anarchist (3-colored Mohawk right now) allow me to offer some observations that might answer your questions, although they don’t answer them directly.

1) Most states sentence people to a RANGE of time. For example 3 to 6, 7.5 to 12, or 25 to life. This is not done for the benefit of the prisoners, but for the benefit of the corrections workers. Prisoners who have a chance at getting out early are less likely to make trouble. You ask why time isn’t added, rather than reduced. Well, that’s simple- the Due Process clause of The Constitution demands that people not be deprived of liberty (sentenced to more time) without a trial. Now most prison officials would like to be able to slap a prisoner with more time without the burden of a jury trial. Most of us think they should be able to do that. But The Constitution says no. If we offer time off of the originally jury-sentenced verdict for good behavior, however, The Constitution has no problem. And if we take that time off for bad behavior, the prison officials don’t need the trouble of a trial to punish.

2) Massive sentences “120 years” are issued because they are an accumulation of MINIMUM SENTENCES. In other words, if one rape carries 15 to 25, and you were found guilty of 10 rapes, you are sentenced to 150 to 250. NO MATTER HOW GOOD YOU ARE, you can’t get out before 150. Does this defeat the purpose of a RANGE? Yes, but you’re the type of sick individual who is beyond even the most liberal benefit of a doubt.

3) Your second question confuses me. I’ve worked for Legal Aid in NYC. My friends have worked for the D.A. We both believed we were doing god’s work. We both did things the other found offensive. If you believe that one good-intentioned person (however wrong he may be) working within the confines of the law, deserves retribution against him then you are really scaring me. Please re-iterate and I’d be happy to debate it.

All- please note, I am well aware of the fact that I capitalizes “The Constitution” and didn’t capitalize “god.” It’s all a matter of context.

Peace

Messages In This Thread

NCR-question for the board attorney's
Re: NCR-question for the board attorney's
Re: NCR-question for the board attorney's
Pete- Right on, but here's some more
IT'S A BIT THORNY, BUT [NCR]
Re: NCR-question for the board attorney's
A related but different point

Copyright 2022 David Spragg