OT-Legal Logic
So Sparty Plax is heading to the hole...what a shame. I wonder though... What good does this do society?? So the taxpayers have to fund the bill for this clowns food and shelter for 2 years while he sits in prison twidling his thumbs. Wouldn't it make more sense to make this guy pay a huge fine, put him on double secret probation and get his ass out on the street doing charity work. Have him do some Anti Gun promos and help out with kids. This would most likely help him out as a human being and help the community. Seems like a win-win. Thoughts??
August 20th, 2009 at 12:00 PM ^
The problem is you have to treat him the same as Joe Schmo who shoots himself into his leg with his own gun. Justice is blind otherwise it doesn't work.
August 20th, 2009 at 1:06 PM ^
It seems justice is not blind it is based on a lot more factors. It seems the amount of money you have to lawyer it up is also a factor. How tough your judge is also a factor. How good the prosecutor is also a factor. I've sat on 2 jurys and the absolute incompetence of the lawyers I saw was shocking when my only experience in a court room was Tom Cruise and Richard Gere. We were forced to let a thief go because the prosecutor was so poorly prepared he didn't have some basic evidence we needed to convict. Judge told us about the evidence we were not allowed to hear afterwards and we were livid.
August 20th, 2009 at 1:23 PM ^
I would hope that you realize that movies and television aren't real, especially as it pertains to legal matters.
August 20th, 2009 at 1:54 PM ^
Thanks for the demeaning comment, but I know the difference. Thanks for clarifying though. I would just expect that when the lawyer is reading his statement he would have his note pages in order so he wouldn't have to say excuse me to look thru 20 pages of shit. I was hoping they could remember the peoples named involved in the case. The reality is it was a small case given to some guy way down the totem pole in the D.A's office and didn't give a shit going against some flea bag defense attorney. Which was my point, that a good lawyer can sway things against "blind justice".
August 20th, 2009 at 3:14 PM ^
I understand that. That's the reality of small time criminal cases though. More often than most people would ever believe the attorney has never met the client or even read the entire file before trying these types of cases, either on the prosecution side or the defense side (if it's public defender). I do agree with the point that advocates can sway things against "blind justice" but that's an intentional inherent part of the criminal justice system. The real point (I was just being sarcastic with my first post) is that people are confusing participants in the criminal justice system (which are intended to be biased advocates) with the criminal justice system itself (which is intended to be blind). The situation that you described is exactly how it is supposed to work. If one of the parties cannot adequately allocate its resources to properly present its case "blind justice" turns in favor of the party that does properly present its case. That's why there is a world of difference between "not guilty" and "innocent".
Also, I don't think the example of finding out about excluded evidence later is a very good one to paint broadly with. That happens all the time for a lot of reasons, not just because one party wasn't prepared.
August 20th, 2009 at 12:00 PM ^
http://www.pbs.org/wgbh/pages/frontline/shows/dope/interviews/schlosser…
"Under the laws of fifteen states, you can get a life sentence for a nonviolent marijuana offense. And the average sentence for a convicted murder in this country is about six years."
Figure out that logic. Alot of things don't make sense in America.
August 20th, 2009 at 12:08 PM ^
You're absolutely right, many of the drug laws in this country are rediculous. I am all for getting dealers off the streets, but we as country have a lot bigger problems then recreational users.
August 20th, 2009 at 3:18 PM ^
Donte Stallworth gets legally drunk and kills a guy and gets house arrest.
Plaxico shoots himself and gets 2 years.
Just doesn't make sense.
August 20th, 2009 at 12:03 PM ^
...and you're not just punishing him - part of the justification is that you're keeping him off the street, so that he won't have a chance to wander into a nightclub with a gun in his sweatpants and accidentally shoot someone other than himself.
August 20th, 2009 at 12:06 PM ^
Its a deterrent.
August 20th, 2009 at 3:26 PM ^
the age-old question in criminal justice is retribution vs. deterrence: what is the end-goal behind barring a convict from his personal liberty? History books and texts on American civilization would argue our prisons are ultimately 'penitentiaries', with the goal of cleansing convicts of their criminal manifestations.
Solid evidence points to this being a load of bologna.
In reality (with a solid dose of cynicism), American prisons are big business, with special interests pushing to keep a high rate of incarceration and full jail-cells. From a philosophical/civilization standpoint, it's madness. From a capitalist standpoint, it's genius. Years ago, government contractors decided to hitch a wagon to the "War on Drugs"; rampant prison growth created a boon for the economy and when the economy booms, Americans don't question the ultimate retardation in philosophy that lead them to that point.
Years later, the negatives are evident and we question them in OT boards on sports blogs. In America, a good jurist follows court precedent and obeys sentencing guidelines. Lawyers and judges exist because they respect the law; legislators exist because the sovereign sometimes want to change the law. Therefore, if you want to change the sentencing process, it has to start with Congress.
Ultimately, until prisons are deemed anything less than cash-cows, the moneyed sovereign probably won't lobby Congress to change sentencing guidelines. Drug dealers and non-violent criminals are easier to hold once locked up; they don't cause as much trouble; their incarceration doesn't raise a ton of red-flags with the greater public. If you run a prison business, you prefer non-violent to violent criminals.
My e-pinion, but that's America for better or worse.
August 20th, 2009 at 12:08 PM ^
I think having him serve some time will be a great opportunity for him to do some self-reflection and hopefully become a better man.
August 20th, 2009 at 12:11 PM ^
If he does not have two items:
A) A concealed carry permit.
B) The intelligence to know how to carry safely.
Then he has committed a crime. I am a life time NRA member and I support gun rights at every turn. However, I ONLY support gun rights for those that know how to use them. Putting a pistol without a proper safety in your pants without a proper holster to go to a public place without a concealed carry permit is absolutely moronic.
August 21st, 2009 at 12:49 AM ^
As a sign in the Yost student section on Dec 5 said, "Sparty says remember to check the safety."
August 20th, 2009 at 12:43 PM ^
if he played in the NFL, you would get plenty of tax dollars (maybe ~35% of his $10 million salary and sales tax on all of the crap he would buy.
August 20th, 2009 at 1:24 PM ^
Try about 50%.
August 20th, 2009 at 1:58 PM ^
20 months seems pretty excessive if you ask me.
You'd think shooting yourself would be punishment enough.