Man gets special short sentence

gilroyb

I just came across this case in the US, was wondering what people thought about it. It's a case involving a very short man going to jail.

Link

It reminded me of the case in Ireland recently when a black person specifically received a shorter sentence due to his colour. Just as an aside, does anyone know if an appeal was taken in that case by the prosecution?

Thirdfox

I saw that too! How strange... maybe it would affect his constitutional right to life... Our law lecturer did say that politicians and paedophiles are kept away from the others in a prison (they would be murdered by the murderers if left unprotected - ironic that there's still a sense of "justice" in prisons too).

Perhaps the judge could have ordered him to be put in a separate cell (along with the politicians and paedophiles)?

gilroyb

Shouldn't that mean that people who plead guilty should get a longer sentence? They accept that they should be there, so it isn't as much of an imposition on their liberty than it is on those who don't think they did anything wrong. To get the same imposition they would have to get a longer sentence.

I love judges who believe that they're being so innovative, while in fact they're doing something bordering on insane. (Just for the record, I'm strongly in favour of judicial independence/ against minimum sentences etc, but this sort of thing is just ridiculous.

Thirdfox

Well, it all depends on what the reason for prison is... is it retribution or rehabilitation?

If someone accepts their guilt then it would seem they are on the path to recovery.

I may have understood your point incorrectly though (just finished a law exam so a muddled brain is to be expected )

gilroyb

Well it's not something I'd agree with, but just making the point that if the judge thinks that people should get 'X' amount of punishment for a crime, (ie that's why short people or black people have been given shorter sentences(, then there should equally be longer sentences for people for whom prison will be less of an imposition. Say for example I think that god has planned my life, and everything that happens to me is an act of god. In this situation I would require a really long sentence for me to get anywhere near the level of punishment 'X' that other people might experience just by being forced into prison for a month.

As I said though, I'm really just trying to point out that the judge's logic as a way of differentiating is fairly ridiculous, not to suggest that religious people/people who plead guilty really should get longer sentences.

Thirdfox

Ah I understand now... (brain still hurts though) - I agree with you there, although if you're going to play the God card you might be in for a spell in the Central Mental Hospital.

padser

gilroyb wrote:

It reminded me of the case in Ireland recently when a black person specifically received a shorter sentence due to his colour.

Link?/?


I did hear of a caes about a year ago where a midgit/dwarf (cant remember which) was ARGUING he should get a shorter sentence (again it was sexual assault on children) due to the fact he could produce medically evidence that he had a shorter life expectancy. Never heard the outcome though.

gilroyb

Link to boards thread on the case of the black man

Just to clarify, I don't agree with an awful lot of what is said about that particular case in that thread, I'm just providing the link as asked for. My only point is that the judiciary should be free to decide a case based on the substantive issues. Changing sentences over irrelevant issues does nothing but hurt the judges credibility.