Wow! Tough justice! 15yrs for $100!

[Neil]

http://www.digitaljournal.com/article/265402

Seems somewhat harsh surely, given your average murderer/rapist would get this or less!

[Chic Freak]

What kind of asshole could sentence a man in that situation to 15 years for a measly $100? :mad: Surely he will appeal?!

[Neil]

What kind of asshole could sentence a man in that situation to 15 years for a measly $100? :mad: Surely he will appeal?!

OK, he prented to be armed (but wasn't). But only took $100, not the whole lot, AND turned himself in... Huh!

[bassman]

Man...that's a bit harsh considering how many other, more severe crimes are happening elsewhere.



"I got thrown out of a window! What's the charge for getting pushed out of a moving car? Jaywalking?"

[krakenslayer]

On the surface it does seem very fascist, but...

Considering he was stealing money to have somewhere to live and get clean from drugs, it's possible that he and the judge came to an agreement on this. I mean, possibly going to jail would be better for him than living on the streets. In a way, he now has a home for the next 15 years.

[Chic Freak]

I mean, possibly going to jail would be better for him than living on the streets. In a way, he now has a home for the next 15 years.

I was wondering about that... I have heard of homeless people committing petty crimes in order to have somewhere to stay and some food... but 15 years is one hell of a detox program.

[DubiousComforts]

Seems somewhat harsh surely, given your average murderer/rapist would get this or less!
A old, homeless black man in the Deep South gets the book thrown at him by a good ol' boy judge and district attorney. Who could have guessed?

Here's the maximum penalty for bank robbery as set by U.S. federal law:

Subsection (b) outlines the penalties for anyone who takes and carries away, with the intent to steal or purloin, any property or money or any thing of value in the care, custody, control, management, or possession of any bank, credit union, or savings and loan. The maximum penalty for violation of this subsection is a fine and ten years imprisonment if the value of the property exceeds $100. The maximum penalty is a fine and one year imprisonment if the property's value is $100 or less.

[DjfunkmasterG]

Man...that's a bit harsh considering how many other, more severe crimes are happening elsewhere.



"I got thrown out of a window! What's the charge for getting pushed out of a moving car? Jaywalking?"



LMAO - Nice Beverly Hills Cop Quote. :p

The sentencing guidelines for a federal crime for Bank Robbery is less than one year when the value of the property is less than $100. His court appointed lawyer will get him off on appeal.

[Neil]

http://i41.tinypic.com/28k35ly.jpg

[Chic Freak]

The maximum penalty for violation of this subsection is a fine and ten years imprisonment if the value of the property exceeds $100.

So how did he manage to get 15 years? Maybe because he couldn't afford to pay the fine?

Theft/ destruction of property/ money is kind of what the law seeks to protect the most... hence fraudsters getting banged up for 20 years and rapists getting a couple of months, or, not that long ago, a fine! :annoyed:

[DubiousComforts]

"Christian Milton of Wynnewood, Pa., declined to comment during a hearing in U.S. District Court in Hartford. Judge Christopher Droney also fined Milton $200,000 and ordered him to report to the federal Bureau of Prisons on March 25."

Blomberg: "The judge could have given Milton a life sentence after ruling that the fraud cost AIG shareholders as much as $597 million." (http://www.bloomberg.com/apps/news?pid=20601087&sid=atuwDWASJvCc&refer=home)

Why is this convicted criminal walking around free for two months? Do they have to find him a prison bed or something?

And it just gets better and better... (http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aLFw_VDKXfx0)

[darth los]

http://i41.tinypic.com/28k35ly.jpg

Again, that's a perfect example of the miscarriages of justice that go on in this country. And it's not even a racial thing, it's more economic than anything. If you have the money you're going to skate.

And that's a beautiful illustration about the idiotic sentencing guidlines that are governed by mandatory minimums. Even if they wanted to let him go they couldn't. They'd HAVE to give him that time. Plus there are so many mitigating circumstances such as that he was homeless, hungry and remorseful. I guess the constitution can't provide for common sense. :rolleyes:




:cool:

[Neil]

Yes he pretended to have a gun... But this to me is a clear example of...

Common Sense <-- ---------------------------------------------------------> The Law

[darth los]

Yes he pretended to have a gun... But this to me is a clear example of...

Common Sense <-----------------------------------------------------------> The Law


Well, as a law student i know that, in New York at least, that even if you give to person you're robbing the impression that you have a gun you will be charged as if you had one.

There are a bunch of other dumb rules such as a year for evey bullet in the gun and so forth. :rockbrow:

Ya... I know.


But as was already said, COMMON SENSE PEOPLE. Once the truth is known and mitigating factors are considered they should proceed off of that.




:cool:

[MikePizzoff]

To quote Discharge...

"Does the system work?"

[DubiousComforts]

Again, that's a perfect example of the miscarriages of justice that go on in this country. And it's not even a racial thing, it's more economic than anything. If you have the money you're going to skate.
Which is a racial thing because a majority of black people are kept on the lower rungs of the economic scale while the good ol' boys keep the wealth amongst themselves. Ironically, only the gangsta rappahs, the athletes and the gangstah athletes get the chance to skate, and the worst of them belong in prison.

[Tricky]

He wont do it again thats for sure!well,hopefully anyway..

[darth los]

To quote Discharge...

"Does the system work?"

It obviously doesn't. We constantly see cases where inexplicable things occur. The sentencing guildlines are all screwed up as well. Neil gave an example earlier in the thread. How messed up is that? :mad:

What kind of system do we have when a rapist gets 7 years and a person found with half a kilo gets 15 to life? :confused:


So.... ya...




:cool:

[Mike70]

So how did he manage to get 15 years? Maybe because he couldn't afford to pay the fine?

because of the way the united states works is the real answer. the penalty that DC quoted was a federal law that covers crimes committed on federal property (like the post office for example) and doesn't supercede a state's right to set harsher or lesser penalties for the same offense.

for example, let's take another case: weed laws. federal weed laws are pretty harsh. simple possession can net you up to a year in jail and $1,000 fine. in ohio, where i live (and has some of the most lenient drug laws in the US), possession of less than 100g is a simple payout ticket of $100. no arrest, no court, no jail. it is like getting a speeding ticket, except you don't get points on your drivers license.

[SRP76]

It doesn't matter that "it was only $100". He robbed a bank. That's a big no-no. You either commit a robbery, or you do not commit a robbery. You don't "commit a little bit of robbery".

If he had robbed a convenience store instead, he'd have got off a lot lighter. He just chose the wrong target.

[MaximusIncredulous]

He robbed a bank. That's a big no-no.

A pity the banks don't get the same treatment for robbing the American people for billions.

[Chic Freak]

It doesn't matter that "it was only $100". He robbed a bank. That's a big no-no. You either commit a robbery, or you do not commit a robbery. You don't "commit a little bit of robbery".

Strongly disagree. Have you ever been a victim of theft? How much is taken makes an enormous difference.

[kortick]

It seems harsh but the laws here get real ugly
when a gun is involved in the commison of a crime.

a robbery where u just stuff something in your pocket
will get you one sentence but to have or imply u have a
gun and steal the same item moves the penalty way up.

believe me I know.

But, in all reality he will never serve 15 years.
thats what he was sentenced to.

I had a friend get 5 years on a gun charge
and he was out in 3 months.

[MikePizzoff]

If he had robbed a convenience store instead, he'd have got off a lot lighter. He just chose the wrong target.

Perhaps he chose the right target, though; at convenience stores you get "heroes".

[Trencher]

Judges are like priests, its a tempting job for evil people who crave power over others. I think this judge and others like him does what he does for his own sadistic amusement.

[EvilNed]

Sounds like the Romanovs are back in business to me...

[Marie]

I think POSSIBLY most of us are looking at this wrong. It could be that the judge knew that the parole board would release the felon but gave him enough time so he could get three hots and a cot through the winter.

Just a thought,

M_

[Edison Carter]

This story made Sir Bernard Madoff shed tears from
uncontrolled spasmodic laughter at
his luxurious penthouse "confinement".

[DubiousComforts]

I think POSSIBLY most of us are looking at this wrong.
I think it's MOST LIKELY that I'm looking at it the right way. It's a wasteful and idiotic sentence. Having this guy in jail for 15 years will cost taxpayers so much more than putting him in a shelter or detox clinic.

Better yet, just send him to church. Isn't the Church supposed to be all about charity and forgiveness? Kenneth Lay's family pastor (http://www.foxnews.com/story/0,2933,202362,00.html) sure argued damn hard on behalf of a criminal that should have never been allowed to see daylight again.

Oh wait a sec, his pastor is Methodist...

[Eyebiter]

The article doesn't mention if the man has a history of being in trouble with the law.

If he does many states have mandatory sentences for a habitual offender.
http://en.wikipedia.org/wiki/Three_strikes_law

[MaximusIncredulous]

Rap sheet (http://uploadpic.org/showoriginal-111/prison.jpg)

[DubiousComforts]

Rap sheet (http://uploadpic.org/showoriginal-111/prison.jpg)
Whoa, they actually had to go back 22 years to find charges of speeding over the limit and DWI? Our elected officials have similar charges on their 'sealed' rap sheets, so I suppose Roy Brown is now qualified to run for office.

[strayrider]

Rap sheet (http://uploadpic.org/showoriginal-111/prison.jpg)

Armed robbery, aggravated battery, fugitive, violation of protective order ... why don't one of you folks who feel sorry for Mr. Brown send the judge a letter saying that Roy can come and stay at your house until he gets over his problems? It'd be the right thing to do.

:D

-stray-

[Mike70]

Armed robbery, aggravated battery, fugitive, violation of protective order ... why don't one of you folks who feel sorry for Mr. Brown send the judge a letter saying that Roy can come and stay at your house until he gets over his problems? It'd be the right thing to do.

:D

-stray-

i think the thing that disturbs me the most about this rap sheet is the "criminal neglect of family" charge that came with a bond of $0.00:stunned:


Again, that's a perfect example of the miscarriages of justice that go on in this country. And it's not even a racial thing, it's more economic than anything. If you have the money you're going to skate

yep, i think it's more about money and class standing that anything else. to share a personal story: i have an albatross of a younger brother, whom i love but at the same wish would fall into a volcano. he used my name and SSN at the scene of a serious traffic accident that he caused, because he had a warrant out on him. well, yours truly, found himself not only charged with a multitude of vehicular offenses (some of them damn serious) but sued as well by the people that aforementioned idiot brother had injured. it was a complete and total mess.

i bit the bullet and went to one of the better lawyers in cincinnati and basically said to the guy, "make this go away, i don't care what it costs." he was like "that'll be $4,000 up front and $400 an hour after that." fine with me. i paid up. so i go to court in cincinnati and if you are familiar with cincinnati, you know it is one of the most racially divided and segregated cities in america. so, i'm in the courtroom, surrounded by black folks all of whom are waiting for the magistrate like i am (i don't know how most other states work but in ohio, most often you appear before a magistrate who then decides if the case against you can proceed). my attorney goes up to the bailiff, talks to him for a bit and magically, i am not only the first case called but the magistrate, after a bit of sweet talk by my lawyer says the magic words "case dismissed." "sorry this happened."

while i felt relieved that it was over, i was a bit embarrassed because it seemed like the fact that i had cash to afford a good attorney made me go the head of the line.

oh well, i got a measure of revenge on the "system" a couple of years later when i was called to serve jury duty. i repeatedly voted "not guilty" in a drug case (the guy had like 7 pounds of weed in his house- his defense was that he lived with several other people and he was the only one charged) over and over for hours upon hours. finally after like 12 hours of this, i just simply said, "i'm not changing my vote, no matter what. i wasn't asked my opinion on weed laws in the voir dire. if had been i would've answered truthfully - there's no way i would ever vote to put someone in prison over smoking or selling weed. period." it spawned possibly my greatest classics reference ever -"we can sit here until dionysus is born from zeus' other thigh for all i care, i say not guilty and nothing is changing that." that got a bunch of blank and angry looks, man people really know nothing about their cultural history. anyhoo - hung jury. mistrial. i don't know whatever happened to the guy or if he was tried a second time but i know that i didn't help put him in jail and that is something i am completely comfortable with.

that is one of the great things about juries in my opinon. they can nullify the law if they want. they need not feel bound by what "legislators" have decided is "legal" or not.

[strayrider]

i think the thing that disturbs me the most about this rap sheet is the "criminal neglect of family" charge that came with a bond of $0.00:stunned:

http://www.babcockfirm.com/statutes/lacriminal.html

A true prince, this cat.



i bit the bullet and went to one of the better lawyers in cincinnati and basically said to the guy, "make this go away, i don't care what it costs." he was like "that'll be $4,000 up front and $400 an hour after that." fine with me. i paid up. so i go to court in cincinnati and if you are familiar with cincinnati, you know it is one of the most racially divided and segregated cities in america. so, i'm in the courtroom, surrounded by black folks all of whom are waiting for the magistrate like i am (i don't know how most other states work but in ohio, most often you appear before a magistrate who then decides if the case against you can proceed). my attorney goes up to the bailiff, talks to him for a bit and magically, i am not only the first case called but the magistrate, after a bit of sweet talk by my lawyer says the magic words "case dismissed." "sorry this happened."

while i felt relieved that it was over, i was a bit embarrassed because it seemed like the fact that i had cash to afford a good attorney made me go the head of the line.

Money well spent. The case against you was BS. Better to get it out of the way so you can get back to work paying taxes.

The others can wait a few minutes to pay their fines for jay-walking, spitting on the sidewalk, disorderly conduct, public drunkenness, openly selling drugs in public, DUI, disrupting public transportation, etc ... I see this kind of crap almost daily.

:D

-stray-

[Mike70]

Money well spent. The case against you was BS. Better to get it out of the way so you can get back to work paying taxes.

The others can wait a few minutes to pay their fines for jay-walking, spitting on the sidewalk, disorderly conduct, public drunkenness, openly selling drugs in public, DUI, disrupting public transportation, etc ... I see this kind of crap almost daily.

:D

-stray-

yeah, i don't regret the cash i shelled out. the true thing i regret is that my brother and i, even though 2 years apart are so alike in looks, voice and manner that we are often mistaken for twins. :stunned: that is one of things that made this whole thing so messy, people who don't know us can't tell us apart at a casual glance, nevermind strangers that've been through some hugely traumatic traffic accident. it's fricking weird man, like looking in a mirror that's saved a two year old reflection of you.

when i turned 21, my brother used to "borrrow" my drivers license to buy alcohol and even get into bars. no one even remotely questioned it nor would anyone who hadn't grown up with us or been related to us. the only real thing that separates my brother from me is the fact that he is about 2 inches taller than i am. ugh.