sentence laws ??

[tinkerunique]

With all the hype and hysteria about MORE gun laws, I'd like to suggest a "NEW" topic. MANDANTORY (no parole) sentences for crimes involving a gun. This would be in addition to the crime itself. There used to be a mandantory 5-year sentence for a crime involving a firearm, but you never hear about it. I have heard about a carjacking at gun-point, the thug was caught and jailed for auto thieft. Out on parole for 1/2 time served. Why not the full 5-year sentence also ??Laws that GET ENFORCED like that one should be good/agreeable to all parties instead of just gun CONTROL issues. There is already a background check in place - if it's done. Instead of 'debating the "control" issue, we need stricter jail times for convicted criminals, not just a pat on the butt and sent home.

 

[Gunslinger808]

Until a liberal judge decides that YOU are the one that broke the law by defending yourself.
Need we rehash Zimmerman?
First we need to redefine what is/is not self defense and who/how it's decided.

 

[wuluf]

We had a strong "3 strikes" law here in California that has helped reduce crime. The third "strike did NOT have to be a serious felony, which makes sense to me. You've shown you can't follow the law, I don't care if strike three is shoplifting, jail for life is where you belong, after two serious felonies.
This past November, the soft-headed (sorry, I meant hearted) majority voted to make that third strike requirement a serious felony, and made it retroactive! We'll have more offenders on the street soon, and it will be harder to put them away...

 

[tops]

Why not the death penalty for using a gun during a crime?If they had a gun they are guilty so no grounds for an appeal. Carry out sentence within 24 hrs. No overcrowding in jails and no repeat offenders. Larry

 

[Tenn2]

Just change the words "maximum to minimum" for all crimes. That way the killers etc. would at least not get out in 3 years the way some do now. I have to believe the liberal judges have to much say in this.

 

[Mickey D]

There are laws on the books here in CA that give charge enchantments for using a gun in a crime. As stated our friend wuluf, the libs of this state voted to increase the third strike offense to serious felony for life w/o parole. Sad state.

 

[ImprovedModel56Fan]

I'm not sure that I see that murdering someone by shooting him or her with a gun a few times is a more serious crime calling for a longer sentence than for beating a person to death with a hammer, or kicking a person to death.

I think we need capital punishment for murder. For repeat offenders, both the judge and the parole board that allowed him to repeat should be publicly hung, hangman's knot optional.

 

[125JHP]

Don't go down that road or you might get 5 just for possession of a hi-cap mag defined as a gun crime.

 

[feralmerril]

That shooter yesterday that set a fire and killed those two firemen and wounded a couple more had killed his grandmother years ago.
Who let him loose to kill more? I know if I was one of those family members I would want to go hunting.

 

[armenius]

3 or 4 years ago in a small town nearby a drive by shooting took place killing a babe in arms and a couple of adults at a cook out.Several arrests were made and suspects charged with murder.About 4 months later a soldier going south with wife and MIL were in 2 vehicles pulling a trailer.The towing car overheated and they pulled to an access road to switch the trailer..as the GI was crouched behind a truck hooking the trailer a car with 3 dudes pulled up and they got out to rob and who knows what when the GI stood up with his CWP Glock and challenged them.A gunfight ensued and one or two dudes wounded and escaped.Arrests were made at a nearby ER.One of the dudes shot was out on bond on murder charges from the previous drive by!?!?!
Maybe he was out to get his lawyers fee together?
Then recently the drive by suspects went to trial,were found guilty,got THREE YEARS and were released after time served which was 2 1/2 years!!
If I recall correctly an AK 47 was used.
And yet they want to take our guns.

 

[CAJUNLAWYER]

While the three strikes laws are attactive, ponder this. Louisiana has a three strikes law that is used. We have the highest per capita imprisonment rate in the WORLD. And guess what-it ain't working . On top of that, the state is going broke housing all the prisoners. Hate to say it-but the bad guys are winning. jail doesn't scare them any more. We've had to reduce our good time rates to keep the Department of corrections from going broke. It's now down to 40% for non violent felonies. Crimes of violence are still at 85% and there is no good time for sex offenders. So i18 year old Johnny does his whole 5 years for having sex with his 15 year old girlfriend and on top of that is branded forever as a sex offender with te registration requirements, while J'Quando gets 5 years for slinging a rock of crack and gets out in 2. Go figure that one out Meanwhile the guy doing life on a bill for 4 counts of non violent crimes is now in his 60's and is costing the state a fortune for his thrice weekly dialysis while they're cutting the higher education budget to pay for it.

 

[straightshooter1]

Mandatory sentences always bring out strong emotions.

Caj has rightly pointed out some of the problems he's seen in Louisiana.

Florida has taken a slightly different approach. Some is good, some is not.

Firstly, we have the 10-20-Life sentences for use of a firearm in a crime. Not all crimes, but most felonies, fit into that. Carry a firearm at, say, your robbery-10 years day for day. Fire the firearm at your robbery, don't hit anyone-20 years, day for day. Seriously injure or kill someone at your robbery with your firearm-25 years to Life, day for day (means no good time, you do every single day).

A couple of "lesser crimes" have only a 3 year day for day mandatory if you carry a firearm.

That's good.

And, we have really draconian sentences for repeat offenders. Commit certain felonies within three years of release from prison, or commit certain felonies after being convicted of other felonies before this crime-big sentences, like an armed robbery gets Life.

That's good.

And we did away with Parole and, in 1995 we voted in a Constitutional Amendment that requires one to do at least 80% of any prison sentence. Never less, and if one acts up in prison, one can do more.

That's good.

The bad-we felonized almost everything. It's hard to find a misdemeanor to charge someone with when it's the right thing to do. Example: a young, single mom is arrested for living with her kids in a filthy house. It's a felony and, while there are some moms who should be charged for that, sometimes it's a matter of stupidity or ignorance and might be better handled with a misdemeanor and probation, especially if Mom has no prior record.

There's no misdemeanor that fits, so it forces the prosecutor to become a defacto probation officer. He agrees, for example, to hold off filing felony charges if Mom takes parenting classes and then stays crime free in a relatively clean home and otherwise cares for the kids. If she does that, he then files no charges. Problem is, that leaves a case lingering for six or so months till he's relatively sure (based on social workers reports) that Mom is on the right track. In the meantime, Mom is still considered to be charged with a felony, has trouble with employment and doesn't have anyone really supervising her as there would be if there was a misdemeanor probation officer involved.

Some prosecutors don't want to be bothered with this (and it is a bother considering the case load they have) so they simply charge Mom and let the courts try to deal with it.

I am happy to have retired and now all I have to do is listen to my friend's good and bad stories about justice in Paradise.

They have to listen to my stories of how well I did or didn't do at the last Trap Shoot.

Bob