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White sentenced; Daniels to wait for guidance from court

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Rod1
Friday, February 24, 2012: 11:33 am
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Home detention?For a felony.Another good ol boy slapped on the hand.

thumper342
Friday, February 24, 2012: 12:24 pm
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Just more of the double standards kind of thing our government and judicial system has become accustomed to. I agree with Rod1. A felony charge is just that, a felony. Home detention shouldn't even have been an option. GOD BLESS AMERICA!!!

curiousgeorge
Friday, February 24, 2012: 12:36 pm
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Rod and Thumper,

I agree with you both and he should have had a little more harsh penalty but you have to look at his past. If he doesnt have a criminal past then most likely the judge will rule on probation or house arrest if its a non violent offense. Thats just how they work these days

nobodyimportant
Friday, February 24, 2012: 6:03 pm
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When someone says that "the sentence should have been".....whatever, the road you are going down is determinant sentencing as opposed to judicial discretion. While there is something to be said for a sentence to be a sure thing and not up to the wisdom of a presiding judge, you have to know how it would play out in real life.

Judges under state laws have a range of options available for each charge. When you see a roadsign saying that recless driving in a construction zone could result in a fine of "up to $$%$$", that means it could wind up being zero or the maximum amount and any amount in between. It is the same with criminal offenses.

A "D" felony charge has a sentencing range. An offender with a new "D" felony charge after having prior convictions is treated differently than a person with their first offense. Under determinant sentencing, the judge would be obligated to impose the same sentence to both persons.

The federal system of sentencing of drug offenders is the best example of the determinant sentencing doing more harm than good. Our federal prisons are packed with low-level offenders of the federal drug laws.

Cookie-cutter sentencing takes out the human element of dealing with human frailities. We are not equal. There is nothing equal about us. Its like saying to a group of students in school, "here is how I will teach...one way for." If you don't have the capacity to learn from my way of teaching, tough luck.

Determinant sentencing also would produce more not guilty results. When faced with the choice of sentencing someone according to the rule book, and every fiber of your body says the punishment doesn't fit the crime in this particular case, some prosecutors as well as judges will find a way to get around it, even preferring to let someone go free as the better choice.

No, I don't think we would like the results of one size fits all justice.

4 comments found