Post by Police Moderator on Nov 12, 2011 7:22:33 GMT -5
Justice miscarried again.
But typical of our revolving door courts, ssmynkint. Some judges are more concerned about offending a potential voter and some ADAs are more concerned about their 'conviction rate' that they'll plea down Sherman's March Through Georgia as Simple Trespass.
Wanna make the courts more effective?
Ban all plea bargains* and do away with the Tennessee Sentencing Guidelines.
Me? I don't give a flying rat's ass fuck if it is dude's first murder, it's a murder. Dude should be, if righteously convicted, removed from society for a significant amount of time. Period. Dude kills someone driving drunk/texting/driving with head up ass? Dude should be, if righteously convicted, removed from society for a significant amount of time. Dude rapes/abuses/neglects to care for a child or woman? Dude should be, if righteously convicted, removed from society forever. Dude steals shit that I worked my ass off for? Dude should be, if righteously convicted, removed from society for a significant amount of time.
If convicted, the defendant does the exact time range as currently required by law and not the time that some unfathomable Chinese Arithmetic formula has calculated.
A 'plea bargain' is really a bargain for the convicted criminals and the defense bar. It is not a bargain, at all, for victims and society as a whole.
Each class of felony currently has a sentencing range that will allow Judges the discretion to include mitigating/enhancing factors in handing down a sentence.
Initially, the system will slow down as more trials will have to be conducted and more prison space will be required (Temporarily). But, after it all levels out, things will return to a manageable status quo. Criminals will learn that there is a realistic personal cost to violating the law; thereby, reducing crime. The career criminals will be removed from society for significant lengths of time; thereby, reducing crime.
Reducing, or eliminating, prison time for any defendants, but the most violent drug dealers, convicted of 'possession of controlled substance' will free up plenty of prison space.
It really is pretty simply...
Remove the cancer (career criminals) from society, if righteously convicted.
Rehab? Do we try and change a cancer that is attacking a body? Do we send cancer to 'Anger Management' classes? Do we try to make cancer nicer, more educated, more religious and more compassionate? Do we coddle, and feel sorry for, a cancer? Do we think that cancer is just misunderstood and really isn't a bad thing? Do we care, at this point, how the cancer has entered into the body of society? Do we try to integrate an already defeated cancer back into the now healthy body of society?
Hell no! We identify the cancer. We isolate the cancer. Then we cut the cancer out, hammer the cancer with radiation and killer chemicals, in a hopeful attempt to remove it, permanently, from the host.
No touchy-feely bullshit there. Usually effective, if we discover the cancer early and then hit it hard, hit it quickly and hit it with an overwhelming violence of force.
Waiting for someone else to do something, ignoring it or simply hoping for it to go away (As we now do with our criminals) is not an effective means to deal with a killer, a predator or even a petty criminal.
Now, does this cancer on our society have it's proponents? Yes, it does. Duke, brenda and their misguided, ill-informed and damagingly biased ivory tower sycophants are all about getting to know the cancer better, mitigating (or trying to explain away) the cancer, understanding the cancer and becoming one with the cancer.
These idiots would rather blame the doctor for the cancer instead of focusing on the cancer that permeates our society. (It's easier, they don't have to get involved and the doctor is not some anonymous actor).
The career criminal/terrorist is our current cancer.....
LE, the Law, the Courts and the DOC, should be the doctor (and the obvious cure) and society is the patient.
Does there need to be a check and balance (On LE, the Law, the Courts and the DOC) here?
Of course there should be, or we could devolve to patients (our society) dieing from the 'cure'.
It's a fine line that I, and my Brothers and Sisters, walk everyday.
Post by Police Moderator on Nov 12, 2011 12:52:13 GMT -5
Cook: 39 arrests and the future of two men By David Cook
Theft of property.
Driving without a license.
Aggravated criminal trespass.
Failure to appear in court.
Again, failure to appear in court.
Again, two days later, criminal trespassing while possessing a weapon.
Since fall 2010, Leon Epps has been arrested 12 times by Chattanooga and Hamilton County police. Epps is 19. His first two arrests -- Aug. 20, 2010, and again eight days later -- were both dismissed by the district attorney's office.
"Police made contact with the defendant and conducted a pat down, finding a loaded 9 mm in his waistband. Defendant stated to police that he was carrying the firearm because his cousin was shot the night before on the same street," an arrest report from three weeks ago reads.
Epps is in jail awaiting trial on a charge of criminal trespass.
"We see this every day. This is nothing unusual," the court clerk told me. "All these people are like a revolving door."
Mr. Cook is a vocal, and eloquent, enhancer of the problem, here. Eloquently calling 'bullshit' on bullshit does not change the fact that the targeted topic is still 'bullshit'.
Should we really give a fuck about the future of these two men as long as their future is separated from the rest of us? What we should give a fuck about is that these predators have procreated and, unless we remove these thugs from the picture, their children will learn by example.
Then we got to deal with the kids of these thugs.
Mr. Cook seems surprised, but these two thugs are just a window to the present, and the future. They are just the tip of an oncoming iceberg that's been lurking in front of the rest of us for a generation. We are reaping what these idiots, like Mr. Cook, have sowed.
Mr. Cook actually sees the problem, studies 'it' to the point of talking to one who deals with 'it' everyday, writes about 'it' in the local tabloid and, yet, still doesn't see 'it' even when 'it' has the potential to kick down his own front door, rape and murder his wife and children or murder his own stupid, yet eloquent, ass.
You are just an enabling idiot who happens to have a platform, Mr. Cook.
When you should happen to leave your ivory tower, stoop down and mingle amongst the rest of us, Mr. Cook, give me a call (It's easy, dial 911).
My greatest fear is not letting a guilty man go free, but sending an innocent man to prison
"He who does not punish evil commands it to be done." Leonardo Da Vinci
Sessions judge Clarence Shattuck Additionally, if the prosecutor finds that a defendant qualifies for diversion and there is an agreement reached between the defendant and prosecutor, a judge is required to agree to the diversion unless a diversion law violation is found. edited to add:
Tenn. Code Ann. § 40-15-105. Memoranda of understanding (b) (2) The trial court shall approve the memorandum of understanding unless the:
(A) Prosecution has acted arbitrarily and capriciously; (B) Memorandum of understanding was obtained by fraud; (C) Diversion of the case is unlawful; or (D) Certificate from the Tennessee bureau of investigation required by § 40- 15-106 is not attached. www.nashville-criminal-lawyer.org/tn-pretrial-diversion.html
Post by Tsavodiner on Nov 14, 2011 16:15:07 GMT -5
I don't know if they're saving space for potential "occupy" residents or what, but my displeasure's already been registered with the pertinent parties and I've gotten suspiciously elliptical responses from what used to be some pretty forthright people, so something's up.
From the War on Poverty to the War on Property--Fifty Years of Progressive Misanthropy