Originally posted by Tzeentch
Why?
Because they served the time they were sentenced to originally and were released? If they were sentenced to a set amount of time and accidentally released early that would be one thing. But they served their time, one 3 months, the other a year. In all that time nobody noticed they had the wrong sentence. Once they are out suddenly someone realizes they f*cked up and instead of owning the f*ck up and making sure it doesn't happen again they set out to re-arrest these people.
That's bullshit plain and simple. Don't call something a mandatory sentence if these people don't even notice they failed to give the "mandatory" sentence for at the very least a year. One dude would of been free for 9 months at that point. If the mandatory sentence is supposed to be 5 years and one dude served a whopping 3 months then wtf is going on in this place? Go after the person who gave the bogus ruling.
Apparently the law of united states works on the principle of "no take backsies."
Who knew.
Those guys committed a serious crime. If theres a mistake in their punishment, how is it justice to go "haha we ****ed up, off you go you scamps" instead of rectifying the situation and giving them the punishment they actually deserve? You'd rather go after the guy who made a ****ing clerical error than two convicted arsonists? Jeezus.
Oh please, are you this naive? You realize tons of people get off on technicalities for much worse then this, right? Ranging for a variety of reasons, right down to "the police ****ed up in their investigation techniques".
Also how is it a clerical error? That wasn't noticed for 9 months? Two different people had the same mistake made with their cases? Nobody noticed?
Originally posted by Surtur
Oh please, are you this naive? You realize tons of people get off on technicalities for much worse then this, right? Ranging for a variety of reasons, right down to "the police ****ed up in their investigation techniques".
That other injustices exist does not nullify this situation. You're not even trying to defend your position, you're just bs'ing. Probably because you know you're talking a load of bollocks.
Originally posted by Nephthys
That other injustices exist does not nullify this situation. You're not even trying to defend your position, you're just bs'ing. Probably because you know you're talking a load of bollocks.
No, I'm pointing out a theme that has been in our justice system as far as people getting off on a technicality. You acted shocked and like this shit doesn't happen.
Originally posted by Surtur
No, I'm pointing out a theme that has been in our justice system as far as people getting off on a technicality. You acted shocked and like this shit doesn't happen.
No I didn't. I was perplexed at how dumb your position was. My "no take backsies" line was a joke at your expense. The legal systems failings do not elicit surprise from me.
Originally posted by Nephthys
No I didn't. I was perplexed at how dumb your position was. My "no take backsies" line was a joke at your expense. The legal systems failings do not elicit surprise from me.
You also seem to be confused. You called this a clerical error. You could blame it on a clerical error if the person had been accidentally released before their sentence was complete. But that is not what has occurred though. How does a single clerical error give two people two different sentences..both of them far far less then the supposed mandatory sentence?
You make it sound like someone put a comma in the wrong place and boom they got a lighter sentence.
That is essentially what happened. A judge cannot unilaterally put a sentence below the minimum. That the judge did so means he was either unaware of the minimum sentence, thus a an accident and a "clerical error", or he did it intentionally and thus is subverting the justice system and should probably be fired/jailed.
Either way, there is absolutely zero law in the Land that states that "if you do the sentence given to you, you're automatically free to go". This isn't the government arbitrarily deciding that the dudes' punishments weren't light enough. The sentenced time that they were supposed to serve was set in stone before the Judge even made the sentence.
Surtur,
Look at it from the other end of the spectrum, what if a judge had either through ignorance of the law, drunken stupor, bias etc had given someone four-times the set maximum years for a given offense. Would you then take the same stance of "too bad, what's been written has been written"? I don't think you would, you'd expect the justice system to correct the error that was made.
I think the argument is "once you're released from prison, you shouldn't be allowed".
Which makes my stomach churl a little as I certainly wouldn't be okay with a ****ing convicted serial child rapist or something accidentally getting sentenced to 3 weeks in prison because the judge was high on PCP at the time of sentencing.
Originally posted by Tzeentch
That is essentially what happened. A judge cannot unilaterally put a sentence below the minimum. That the judge did so means he was either unaware of the minimum sentence, thus a an accident and a "clerical error", or he did it intentionally and thus is subverting the justice system and should probably be fired/jailed.Either way, there is absolutely zero law in the Land that states that "if you do the sentence given to you, you're automatically free to go". This isn't the government arbitrarily deciding that the dudes' punishments weren't light enough. The sentenced time that they were supposed to serve [b]was set in stone
before the Judge even made the sentence. [/B]
Explain how the error happened for two different people and both got different sentences, but nowhere near the mandatory. How does a mere error do this?
Explain why it took so long after one was released for anyone to even notice.
Originally posted by Robtard
Surtur,Look at it from the other end of the spectrum, what if a judge had either through ignorance of the law, drunken stupor, bias etc had given someone four-times the set maximum years for a given offense. Would you then take the same stance of "too bad, what's been written has been written"? I don't think you would, you'd expect the justice system to correct the error that was made.
My entire point has been about time served. If you're in prison and you think you got the wrong sentence yes you should fight it of course. But if you get sentenced, serve your time...and are out of prison for nearly a friggin year and then one day they go "oops we're dumb as all f*ck, you gotta go back" I think that is BS. Like I said..something similar happened in Chicago, the guy got the correct sentence and was released way too early and within 48 hours the cops were looking for him. So why the hell did it take so long for this to be realized? The mistake should of been realized the second the first person was released after 3 months, but nope...and people want to pretend this is all just about federal law?
Unless no botched investigation has ever once lead to a criminal going free.