I don't understand this judge's ruling. Please help.

[level.eleven]

Well, he didn't exactly get a slap on the wrist. 21K and probation is no fun. I'd wonder what you would do to keep the public safe? Life? Capital punishment? The guy is messed up and even if he served, say, 3 years, he'd be back on the streets. He needs help. Good chance he'd pay with life or limb if he did time on these charges.

This is the exact same defense used for pedophiles (computer programmers, plumbers, or chefs - mundanes).

 

[Denny347]

This guy passes the psych eval to get hired?

They can't read minds. I worked daily with him, ate breakfast, and thought highly of him. Never once did I see any behavior that concerned me. I trusted him. But I guess the rule "that people are capable of anything" rings true here as well. You never really know what is hiding in the recesses of ones brain.

 

[dross]

They can't read minds. I worked daily with him, ate breakfast, and thought highly of him. Never once did I see any behavior that concerned me. I trusted him. But I guess the rule "that people are capable of anything" rings true here as well. You never really know what is hiding in the recesses of ones brain.

To go on the other side of the spectrum, I was in the Army with a guy who we fully expected to read about someday as having bodies buried in his yard.

He was weird and angry, and paranoid. He laughed too hard at things that weren't funny, but sick. He was just so completely off in a scary way that everyone noticed it. Yet he didn't ever do anything that you could quite do anything about.

He creeped out pretty much everyone he met, and many people made jokes about the "future serial killer" thing, but what do you do? You need an actual quantifiable behavior that is outside the rules, not just the unwritten rules that we all know so well that we don't think about them until they're violated.

I think one of the biggest fallacies about the strangely and dangerously wired among us is that we can somehow see it and prevent it. Sometimes you don't see it, and sometimes you do see it but have no basis to act.

I don't think the occasional human going rogue is preventable. Just one of the hazards of the world, like tornadoes, earthquakes, and strange diseases.

 

[dross]

Prisons are unsafe because they're not allowed to chain the violent offenders to the wall like they used to.
The "Cruel and unusual" moniker now includes not being given ice cream on their birthdays, or not being allowed access to pornography...
The Liberal lawyers of America have screwed up the entire Judicial system!!!

I know a guy in prison in Texas, and it's nothing like that. Right now the sanitary dishwashing system required by law has been broken for over a year, so they wash dishes in the garbage cans after they dump the garbage. The people who eat the prison food get sick regularly, so those who have someone putting money in their accounts eat crackers and candy bars from the commissary, at crazy high prices.

The don't have TVs, or writing materials, or exercise equipment, or access to education or any of the things you see in movies. They can read a book a week from the library, if they aren't somewhere else when the book cart comes around.

Don't get me wrong, I don't think prison is supposed to be fun or comfortable or any of that. But at least in this guy's case, it's not any of those things. It's just as miserable as most citizens want it to be.

 

[IncendiaryGunner]

If you are a pedofile or abuse children, prison is going to a dangerous place.

When the public grants an individual the authority to uphold the law, and they commit serious crimes - prison is going to be a dangerous place.

The last I checked, prison has never been considered a "safe" place for anyone... it is meant as a punishment and deterrent. Exempting convicted criminals based on their safety defeats the point.

Even criminals in general respect a basic moral code. When people are unable to live up to the ethical code of criminals, prison should be dangerous.

 

[Fargo]

If the State wants DOC time, it needs to put it in the plea. But then defendants don't take pleas, all these cases go to trial, and taxpayers foot the bill AND get called for jury duty. And often defendants get acquitted.

It's not a pretty picture.

Not to quibble, but that is not really how it works. A truly open plea is not a plea agreement, it is simply the defendant invoking his absolute right to plead guilty. Consequently, there is no ability for the state to put DOC in the plea.

The state has no ability to put ANYTHING in an open plea, everything is up to the judge. In no way can the state prevent someone from pleading guilty open, short of dismissing the case. All the state can do is argue for what sentence should be imposed after the plea.

Best,

Joe