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Subject: Sentence? Life in prison. rss

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Boise
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So what do you think? Should a repeat DWI offender get a life sentence? Apparently this is a regular thing in this county. The guy in this article was sentenced to life after his 12th DWI, but he hasn't killed anyone.

Are there alternatives? Or is the RSP consensus that despite having committed no crimes resulting in death or injury he is enough of a danger to have his freedom taken.

http://www.chron.com/neighborhood/woodlands-news/article/Aft...
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Kissa
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If his only crime were driving drunk without any injuries or property damage I'd say no but since he has also been convicted of battery and robbery I have no problem with this sentence.
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KissaTaikuri wrote:
If his only crime were driving drunk without any injuries or property damage I'd say no but since he has also been convicted of battery and robbery I have no problem with this sentence.


Well, those were 20 and 30 years ago respectively and the guy had already done 20 years for previous DWI's. I just wonder, is there no alternative? Like taking an eye and a hand or something?
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Robert Wesley
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Christopher Dearlove
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Where was he getting the cars from? Banning him from owning a car should have happened long past. Plus of course no licence and no insurance. And making anyone who loaned him one also criminally responsible. Unless he was stealing cards, adding more charges.

Of course that may have been done, and may not have helped. But it's the sort of detail that would help explain how it got to 12 offences.
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Moshe Callen
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Take away his car and his license to drive. His freedom? I think it goes too far.

EDIT:
I should say I'm talking taking either away permanently.
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Les Marshall
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DWTripp wrote:
So what do you think? Should a repeat DWI offender get a life sentence? Apparently this is a regular thing in this county. The guy in this article was sentenced to life after his 12th DWI, but he hasn't killed anyone.

Are there alternatives? Or is the RSP consensus that despite having committed no crimes resulting in death or injury he is enough of a danger to have his freedom taken.

http://www.chron.com/neighborhood/woodlands-news/article/Aft...


Tough case Tripp. This guy had a record of two prior convictions for dangerous felonies and in some jurisdictions might have qualified for enhanced sentencing under Three Strikes laws (not that I support mandatory minimum sentencing). You would think his license would have been revoked long ago begging the question, why did he have a car at all?

Life sentence is a big deal with no actual harm. However, a motor vehicle becomes a deadly weapon in very short order. What if this guy walked into the center of town everyday and fired off a rifle in a random direction but hadn't hit anyone yet? Do you wait for someone to be injured or killed or do you somehow constrain this guys freedom of movement? His behavior demonstrates at least a reckless disregard for the safety of everyone else.

Undoubtedly, the driver is in need of treatment for alcohol abuse. No guarantees of success and no info in the article about his prior track record in this regard. Cutting off body parts as you suggest isn't likely to pass muster on 8th Amendment grounds.

Assuming they've already taken his car and tried compulsory treatment in addition to prior fines and incarceration, there may be no way to protect society other than detention.
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Moshe Callen
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Sure, he's damned lucky he didn't hurt anyone, and any access for him to a vehicle is a danger to society. Yet that fact is that we don't people who things they might have done if circumstances were different.

Force him into a program to deal with his drinking. Take away his car and his license. Monitor him with a leg bracelet. Force him to be a productive member of society.

Life in prison is both excessive and ultimately destructive. It removes the possibility that he could be a positively contributing member of society.
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Moshe Callen
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Rulesjd wrote:
…Assuming they've already taken his car and tried compulsory treatment in addition to prior fines and incarceration, there may be no way to protect society other than detention.

Does that need to be prison though? If it has to be confinement, would not house arrest with an ankle bracelet be more appropriate?
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Les Marshall
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whac3 wrote:
Sure, he's damned lucky he didn't hurt anyone, and any access for him to a vehicle is a danger to society. Yet that fact is that we don't people who things they might have done if circumstances were different.

Force him into a program to deal with his drinking. Take away his car and his license. Monitor him with a leg bracelet. Force him to be a productive member of society.

Life in prison is both excessive and ultimately destructive. It removes the possibility that he could be a positively contributing member of society.


I don't disagree in principle Moshe. However, our criminal justice system is designed to operate on the model of punishing people for the foreseeable outcomes of their choices. It stumbles with instances of mental illness and substance abuse. Treatment programs are expensive and serial offenders like this are often viewed through a political lens such that anything less than incarceration is just being soft. Not really sure what menu this particular judge had available in this particular jurisdiction.

We truly need an overhaul of our systems to deal with mental health and drug abuse which is very hard to work on in the face of staggering national debt and a politically toxic environment in the capital.
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Walking on eggshells is not my style
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DUI laws are a joke more designed for municipal revenue than any thing else.

Having said that, this guy is an outlier. It is in society's best interest to keep him out of society. He is little different from a person who murders no one, but is convicted of planning to murder someone.

Perhaps we could trade him to Mexico in exchange for an oppressed Mexican rapist. We want Mexican rapists, it would seem.
 
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R. Frazier
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To be honest I'm not sure how this sentence is in any way possible. That seems like kind of crazy drafting. The longest I'm comfortable with for a DUI causing no injury is 5 years max.

This feels like a "3 strikes" thing to me which I'm generally against.
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Walking on eggshells is not my style
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rylfrazier wrote:
To be honest I'm not sure how this sentence is in any way possible. That seems like kind of crazy drafting. The longest I'm comfortable with for a DUI causing no injury is 5 years max.

This feels like a "3 strikes" thing to me which I'm generally against.


The guy is 60 and some odd years old. Give him his first 2 DUIs. Five years for 10 DUIs is 50 years he should have spent in prison. Give him parole for 3 of those 10. Let us say that amounts to 40 years in prison.

Can we just say the system was very lenient on him and now the bill has come due? Let him out when he is 80?
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Koldfoot wrote:
rylfrazier wrote:
To be honest I'm not sure how this sentence is in any way possible. That seems like kind of crazy drafting. The longest I'm comfortable with for a DUI causing no injury is 5 years max.

This feels like a "3 strikes" thing to me which I'm generally against.


The guy is 60 and some odd years old. Give him his first 2 DUIs. Five years for 10 DUIs is 50 years he should have spent in prison. Give him parole for 3 of those 10. Let us say that amounts to 40 years in prison.

Can we just say the system was very lenient on him and now the bill has come due? Let him out when he is 80?


I think the justice system has it's hands tied. For sure I wouldn't want this guy on the street with me and mine out there. Perhaps requiring him to live in a big city, like Houston, wear an ankle bracelet and check in several times a week? At least in the larger cities there are buses and other rudimentary public transport systems for jobs, 12-step meetings, etc.
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Moshe Callen
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DWTripp wrote:
I think the justice system has it's hands tied. For sure I wouldn't want this guy on the street with me and mine out there. Perhaps requiring him to live in a big city, like Houston, wear an ankle bracelet and check in several times a week? At least in the larger cities there are buses and other rudimentary public transport systems for jobs, 12-step meetings, etc.

This is essentially what I said.
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Walking on eggshells is not my style
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Forcing this guy to alcohol rehab will undermine the people who really want help, as well as take up a spot for someone who may benefit.

He decides to go on his own, then don't hinder him.

Seen it many times. Force people to go (the ignorant are waiting to pounce) for such reasons as to get custody of their kids, or to get their license, or for a more lenient sentence (yes, it is technically voluntary, but with a big hammer) and many of those people just cause trouble and undermine those who really are there voluntarily, then end up drunk on the day they graduate.
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whac3 wrote:
DWTripp wrote:
I think the justice system has it's hands tied. For sure I wouldn't want this guy on the street with me and mine out there. Perhaps requiring him to live in a big city, like Houston, wear an ankle bracelet and check in several times a week? At least in the larger cities there are buses and other rudimentary public transport systems for jobs, 12-step meetings, etc.

This is essentially what I said.


I see that now. Unfortunately I tend to not read your posts because I'm too conditioned for them to be about religion. I'll try harder in the future if you cut back on the religious stuff.
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Moshe Callen
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DWTripp wrote:
whac3 wrote:
DWTripp wrote:
I think the justice system has it's hands tied. For sure I wouldn't want this guy on the street with me and mine out there. Perhaps requiring him to live in a big city, like Houston, wear an ankle bracelet and check in several times a week? At least in the larger cities there are buses and other rudimentary public transport systems for jobs, 12-step meetings, etc.

This is essentially what I said.


I see that now. Unfortunately I tend to not read your posts because I'm too conditioned for them to be about religion. I'll try harder in the future if you cut back on the religious stuff.

I only talk about religion in threads about religion. Admittedly the religion and science threads are the ones I enjoy most.
 
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Adam Alleman
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I'm pretty drunk right now. Should I go driving around? I want to. Please?
 
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