rickc rickc:
Freakinoldguy Freakinoldguy:
The absurdity of the sentence is unbelievable. The guy was a career criminal but even by American standards 160 years is insane and makes the bacon king's 15 look like a sunday outing.
It's good to see he finally got out but even the 30 years he spent in prison might be considered far to long considering that some murderers get alot less in those jurisdictions.
But, given the insanity we've seen in these two sentences I think it's time for some Southern states to look at mandatory sentencing so they can take away these judges ability to go off the reservation and sentence criminals to lengthy prison sentences that in no way shape or form fit their crimes, just so they can placate their own personal demons.
did you even look at the link that i posted in my post?
http://statelaws.findlaw.com/florida-la ... -laws.htmlall one has to do is use a motor vehicle to cause damage or inflict $1000 in damages during a burglary to receive a life sentence. breaking expensive stained glass windows in a mosque quickly adds up to $1000. if they do not commit assault and battery or use a dangerous weapon they qualify for a 15 year sentence. it is the law, read it for yourself. the judge is not going off the reservation. he is going by established laws that are on the books. instead of complaining about southern judges,it would make more sense for ne'er-do-wells and douchebags to stay out of southern states where they actually give a shit about law and order. you don't want to hear some american whining about their second amendment rights when they get caught carrying firearms into canada do you? i know i don't. i also do not want to hear some american whining about getting his ass caned in singapore when he gets caught being a douche spray painting cars there. likewise for a canadian breaking the law in the states. don't do the crime if you can't do the time.
Nope I didn't because I was discussing the 160 year sentence with Hyack.
But anyway, are you saying that giving someone 160 years for burglary is the law and not up to the judges discretion because I don't believe that? It may be within his powers to award such a ludicrous punishment but there's a big difference between giving a criminal a sentence that equates to life in prison and one which fulfills the need for justice, even in the Southern States. Nobody is saying that these "ne'er do wells" shouldn't be punished for committing their crimes but let's get real here. There is one hell of a big difference between meeting out justice and using your position as an officer of the court to make a point, get your jollies off or waste the states money and time incarcerating someone for life when, there are others who committed more henious crimes walking away in just a few years.
Hey guess what I just found. A table of sentences for North Carolina and guess what. If this guy committed what was called a class D felony he should have gotten up to a maximum of 120 months in prison not the 160 years you claim is the norm. But as an aside he didn't commit a class D felony he committed a class G felony which at most should have netted him 10 to 41 months.
$1:
Sentence Range for Each Level
North Carolina has a sentencing grid that determines the sentence range for any felony offense. The grid is divided into rows (horizontal axis) and columns (vertical axis), with the class of the felony offense organized by row (horizontal), and the level of the offender’s prior record organized by columns (vertical). To determine what sentence applies for any felony conviction, you have to know the class of the felony, the convict’s prior criminal record level, and what the dispositional range is.
Class of felony
Every felony offense in North Carolina has a specific, though broad, range of incarceration penalties. Ignoring prior criminal record and dispositional ranges, the prison sentences by class of felony are:
Class A felony: death or life without parole
Class B1 felony: 144 months to life without parole
Class B2 felony: 94 to 393 months
Class C felony: 44 to 182 months
Class D felony: 38 to 160 months
Class E felony: 15 to 63 months
Class F felony: 10 to 41 months
Class G felony: 8 to 31 months
Class H felony: 4 to 25 months
Class I felony: 3 to 12 months
Prior record level ranges
For any felony offense other than Class A felonies, a North Carolina Court has to determine the convicted person’s prior criminal record level. (All Class A felonies have a sentence of death or life in prison without parole.)
Each prior conviction is worth a certain number of points. The court adds the points together from all prior convictions, and the sum determines the defendant's prior record level, which can be from I to VI. Someone with little or no prior criminal record will have a Level I record, while someone with an extensive criminal history will have a Level VI record.
Prior conviction points
For each prior conviction, the defendant is given points based on the following criteria:
Each prior Class A felony conviction: 10 points
Each prior Class BI felony conviction: 9 points
Each prior Class B2, C, or D felony conviction: 6 points
Each prior Class E, F, or G felony conviction: 4 points
Each prior Class H or I felony conviction: 2 points
Each prior misdemeanor conviction: 1 point
Record Levels
Once you add up all the prior convictions and determine how many points a person has, you can then determine that person’s prior record level.
Level I: 0 to 1 point
Level II: 2-5 points
Level III: 6-9 points
Level IV: 10–13 points
Level V: 14–17 points
Level VI: 18 or more points
Disposition ranges
A dispositional range is the potential length of the sentence a court can impose for any given felony conviction. To determine a person’s dispositional range, the court will use the person’s prior record level, the level of the felony convicted, and evaluate whether there are any aggravating or mitigating factors.
For each class of felony in any prior record level, there are three different possible dispositional ranges: the presumptive range, the aggravated range, and the mitigated range.
Presumptive range. Presumptive ranges are the standard sentences for any felony conviction. Unless the court finds there are aggravating or mitigating circumstances present, the court will order a prison term within the presumptive range.
Aggravated range. A court will give a sentence that falls within the aggravated range if it finds aggravating factors are present in the case. There are numerous possible aggravating factors a court can consider, such as whether a defendant was hired to commit the crime; the offense was especially heinous, atrocious, or cruel; or if the victim was very old or very young.
Mitigated range. If the court finds there are mitigating factors in the case, it will give a sentence that falls within the mitigated range. Like aggravating factors, there are number of mitigating factors the court can consider. Mitigating factors include, for example, whether the defendant supports his or her entire family, believed the conduct was legal, or has accepted responsibility for the criminal conduct.
Here is an example from the North Carolina grid: Sentencing Ranges for a Class C Felony, Prior Record Level III:
Presumptive range: 77 to 96 months
Aggravated range: 96 to 120 months
Mitigated range: 58 to 77 months
Sentence length
Once the court determines the sentencing range, the judge will then sentence the felon to a minimum and maximum sentence length. The minimum will fall somewhere in the determined sentencing range, while the maximum will be 20% longer than the minimum plus a period of post-release supervision. Once a person has served the minimum sentence, he or she becomes eligible for parole.
BTW here's the list of sentences by category and this guy ended up getting a class B1 sentence for a class G crime.
$1:
Examples of Crimes in Each Level
There are many felony offenses in North Carolina. The following list represents a small sample of crimes in each felony level.
Class A
Murder
Class B1
Rape
Aggravated child molestation
Class B2
Conspiracy to commit a Class A or B1 felony
Class C
Aggravated assault
Kidnapping
Class D
Armed robbery
First-degree arson
Class E
Child molestation
Malicious throwing of corrosive acid or alkaline
Class F
Involuntary manslaughter
Human trafficking of an adult
Class G
Robbery
Intimidating or interfering with witnesses
Class H
First-degree forgery
Use of a laser device towards an aircraft
https://www.criminaldefenselawyer.com/r ... -class.htmSo given that these sentences are in "months" not years please tell me how the idiotic sentence of 160 years was mandatory and wasn't given at the judges discretion because I'm having a hard time understanding it.
And now onto your claim that the bacon guy got what he deserved. Well you may consider it justice but given that the judge took the maximum sentence possible and obviously used it to set an example which, while legal was pretty much akin to using a sledge hammer to kill a fly and isn't what I'd consider just but that's just me.
So you can claim it's all sour grapes by these felons and that they should just STFU and do their time but allow me to point out that the justice system works both ways. Using the maximum allowable force of the law to inflict a punishment that far exceeds what is needed for restitution and rehabilitation just because you can is just as bad as using the minimum force of the law to avoid punishing a criminal who actually deserves a much harsher punishment.
So in the Bacon case you're right. The guy was legally punished, no matter how excessively. But next time someone walks away from a crime they deserve a much harsher sentence for than they received, just remember that it's the Judges who are the ones setting the standards for these crimes and if sentencing comes down to their personal preference you then have two different systems of punishment. A fact which makes the justice system look 100% hypocritical even for the southern states.