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Old 11-22-2010, 08:18 PM   #16
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Originally Posted by Butterscotch View Post
As I said in the first post, his age should not matter, it could have been a young guy too.

Don't you think that 90 years is a sentence for a murder or at least a rape and torture? Do we really need a system that persecutes for things that MIGHT have happened? This is scary, if you think about it.
It's not a might happen situation. That's why they make them drive somewhere in these stings. They make sure intent is there, and something would have gone down if not for police intervention.

Why should I be scared of this? That's how stings work.
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Old 11-22-2010, 08:23 PM   #17
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Like Peef said, if it weren't for it being a sting operation, it would have happened. Throw him in jail.
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Old 11-22-2010, 08:28 PM   #18
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I am not saying he doesn't deserve jail but 90 years for a non incident??!!!
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Old 11-22-2010, 08:31 PM   #19
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Look, there are lower sentences for ATTEMPTED MURDER than real murder,
Going back to the OP, he was guilty of 3 separate charges that each carried a maximum of 30 years.

It said the judge opted to give him the max because of his history. In a position of trust with easy access to children, it's likely he didn't become a pedo at 82.
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Old 11-22-2010, 08:34 PM   #20
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That's another factor, he had no previous record, and he had character witnesses standing up for him that he wasn't that type of guy. Anyway, I guess I am alone on this, but to me 90 years should be reserved for murders that actually occur and not hypothetical molestations that might/if/maybe.
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Old 11-22-2010, 08:52 PM   #21
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I am not saying he doesn't deserve jail but 90 years for a non incident??!!!
JESUS CHRIST, it's not a non-incident!
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Old 11-22-2010, 09:01 PM   #22
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He absolutely should serve time in prison. Anyone doubting that must have butterscotch for brains.

What I'm wondering is what the precedence is for a 90 year sentence in this instance. Never heard of such a thing, but he could pass any day at his age, so I suppose the actual length of the sentence is irrelevant. If it were a 20 year-old who committed this crime (and yes, it very much is a crime), however, I'm not sure I would feel the same way.
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Old 11-22-2010, 09:02 PM   #23
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I am not saying he doesn't deserve jail but 90 years for a non incident??!!!
"Non incident"?

WTF??!!

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Old 11-22-2010, 09:19 PM   #24
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Do you not understand what solicitation means?
As I'm sure you're aware, there's a broader argument about whether prosecutions based on 'stings' are good law or not, which I assume is the point Butterscotch is making. I'd guess that a prosecution of this type would never be attempted under UK or Irish law, for example, as it would stand little or no chance of succeeding. Indeed, in the hypothetical scenario whereby such a case ever went to court here, the sentence under UK/Irish law would be zero months in jail, as the judge would immediately find the defendant not guilty given that the prosecution had been based on entrapment, and the defendant would probably have very good grounds to sue the police.
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Old 11-22-2010, 09:20 PM   #25
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While I agree with what everyone else is saying, I do see what Butterscotch's main argument is well - why does this get 90 years (age of the guy is irrelevant), when murderers and rapists who have actually been found guilty of rape and/or murder, can get a much less sentence (i.e., 30 to life, like the guy in the Chandra Levy case is facing)?

anitram, as a lawyer, can you tell me why the sentences seem to be so disproportionate? I know every case is different, but 90 years in this case seems to be a bit odd.

And yeah, it's a minor, and the sentence should be very harsh, but people convicted of ACTUALLY molesting/assualting/raping minors don't seem to get these kinds of sentences, do they? Please correct me if I'm wrong.
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Old 11-22-2010, 09:28 PM   #26
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While I agree with what everyone else is saying, I do see what Butterscotch's main argument is well - why does this get 90 years (age of the guy is irrelevant), when murderers and rapists who have actually been found guilty of rape and/or murder, can get a much less sentence (i.e., 30 to life, like the guy in the Chandra Levy case is facing)?

anitram, as a lawyer, can you tell me why the sentences seem to be so disproportionate? I know every case is different, but 90 years in this case seems to be a bit odd.

And yeah, it's a minor, and the sentence should be very harsh, but people convicted of ACTUALLY molesting/assualting/raping minors don't seem to get these kinds of sentences, do they? Please correct me if I'm wrong.
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Going back to the OP, he was guilty of 3 separate charges that each carried a maximum of 30 years.

It said the judge opted to give him the max because of his history. In a position of trust with easy access to children, it's likely he didn't become a pedo at 82.
.


I have a bit of a personal issue with people like this because I worked with someone who had been convicted of molesting a child. The son of a bitch wasn't rehabilitated in the slightest when he was let out. He was always awkward around the kids in the store. Too friendly. And he was very open about what he did, and he didn't regret it one fucking bit, except that he went to jail. He had the nerve to suggest that the kid was asking for it. I'm just so embittered by the whole thing I have that (slightly) irrational view that people like this shouldn't be released..like...ever.
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Old 11-22-2010, 09:32 PM   #27
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As I'm sure you're aware, there's a broader argument about whether prosecutions based on 'stings' are good law or not, which I assume is the point Butterscotch is making.
I thought the point that Butterscotch is making is that this is an inappropriately long sentence.

Which may be so - to be honest I don't know much about the principles of sentencing as it isn't remotely related to the field of law that I practice nor did I study it in school.

My point about solicitation is still the fact that you do not need to commit the criminal act in question to be found guilty of it.
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Old 11-22-2010, 09:33 PM   #28
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Ohhh, I missed Ali's post that mentioned the three separate charges with the 30-year sentences.

Thanks, Ashley.
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Old 11-22-2010, 09:34 PM   #29
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anitram, as a lawyer, can you tell me why the sentences seem to be so disproportionate? I know every case is different, but 90 years in this case seems to be a bit odd.
Like I said, I really don't know much about principles of sentencing but for any crime that doesn't carry a mandatory sentence (which may be unconstitutional anyway), you will have a range up to a maximum. And then that range will depend on things like past record, the judge in question, the people involved, and any number of factors.
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Old 11-22-2010, 09:34 PM   #30
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Thanks.
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