Remember the Judge takes antecedents into account when passing sentence.
Remember the Judge takes antecedents into account when passing sentence.
Doesn't matter in this case.Originally posted by JPaul@20 October 2003 - 00:07
Remember the Judge takes antecedents into account when passing sentence.
The sentence itself was spurious. This is almost precedent setting.
Silly bitch, your weapons cannot harm me. Don't you know who I am? I'm the Juggernaut, Bitchhhh!
Flies Like An Arrow, Flies Like An Apple
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I have not seen the antecedents in this case, can you possibly enlighten me.
There is no 3 strikes law in Oklahoma. Unless this guy was on probation from another case the sentence in too harsh for the crime committed. This particular sentence was passed partially because of a risk of transmitting disease. Reeeeeeeedikulus
Silly bitch, your weapons cannot harm me. Don't you know who I am? I'm the Juggernaut, Bitchhhh!
Flies Like An Arrow, Flies Like An Apple
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Sorry I may be unclear. In the UK the Jury will make it's decision based on the evidence presented. They are not aware of any previous convictions.Originally posted by Busyman@20 October 2003 - 04:32
There is no 3 strikes law in Oklahoma. Unless this guy was on probation from another case the sentence in too harsh for the crime committed. This particular sentence was passed partially because of a risk of transmitting disease. Reeeeeeeedikulus
If they find guilty the Judge will then make his sentence, taking previous convictions into account. So someone who perhaps had previous GBH on a few occasions would be sentenced much more harshly then a first offender.
If one was not aware of this these convictions and just looked at the one offence it may seem OTT.
I had assumed that your system would have been similar. If that were the case then antecedents would be very important. This may not be a one-off incident. Say for example he was a serial wife-beater and child abuser. The Judge may think, stuff this, he needs taken away from society. I can sentence to life so I will.
If that were the case then the sentence would be reflective of the life of violence as opposed to the specific violent act.
I don't think the sneezing in an elevator is really analogous, unless of course I were to be in said elevator, in which case the crime is heinous and hanging is too good.
Still, antecedents don't take precedent over established guidelines for sentencing. If one could get 2-5 years for shoplifting, it's maybe 2 years for a first time offender or 5 for a repeater (and of course anywhere in between). I shouldn't even be able to get life for shoplifting. That's the reason this is harsh.
(the years of sentence were just to use as examples)
Silly bitch, your weapons cannot harm me. Don't you know who I am? I'm the Juggernaut, Bitchhhh!
Flies Like An Arrow, Flies Like An Apple
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The panel recommended a life sentence for John Marquez after he was convicted of placing bodily fluids on a government employee, a felony offense that carries a term ranging from four years to life.
Jurors convicted Marquez, 36, on Wednesday of the felony and of two misdemeanors.
Assistant District Attorney Laura Farris had asked for a 25-year term based on Marquez's prior felony convictions in 1986, which included first-degree rape and first-degree burglary.
Source story.
Good.
things are quiet until hitler decides he'd like to invade russia
so, he does
the russians are like "OMG WTF D00DZ, STOP TKING"
and the germans are still like "omg ph34r n00bz"
the russians fall back, all the way to moscow
and then they all begin h4xing, which brings on the russian winter
the germans are like "wtf, h4x"
-- WW2 for the l33t
This is (because of the disease issue) similar to enhanced sentences for "hate" crimes.
"Researchers have already cast much darkness on the subject, and if they continue their investigations, we shall soon know nothing at all about it."
-Mark Twain
So we now have the context of a convicted rapist and burglar. Who was also a wife beater and assaulted the Police Officers by spitting at them and biting one of them.
I suspect that may be the reason for the "harsh" sentence. Like I said earlier, it looks like the Judge has thought, enough.
Antecedents are important in sentencing.
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