Sunday, March 11, 2007

The “ Unjustice ’’ System

Sometimes it’s virtually impossible to imagine what goes through a person’s mind.
A story in the Republican-American details the sentencing of four employees who got caught stealing furniture from their employer, Hitchcock Chair Company. They were all given suspended sentences and probation. Whoop-te-doo. The judge, Alexandria DiPentima, said the sentences were appropriate in light of probation investigations.
What the hell does that mean? She also ordered restitution. Who monitors that?

Now the story gets worse. Not only were the employees caught on tape by a private investigator, but the company’s owner placed these people in charge of tracking down the thefts in the first place. Oops. The owner made the mistake of putting the fox in the hen house. Does this mean that the guilty should get off so lightly? Company president Ronald Coleman Jr. said “ I don’t agree with this and I don’t understand it. ’’
Well, Mr. Coleman, permit me to enlighten you, if I may. These poor folks didn’t really understand what they were doing. They needed furniture for themselves and their friends. and even at wholesale, your fine quality made the merchandise too expensive. And they worked very hard, and felt that you never really paid them quite enough. Therefore, they created their own compensation. Even though that created delivery problems for your legitimate customers, what the heck? Small price to pay to help out four fellow citizens down on their luck.

And the judge? Well, of course, she just felt so sorry for these poor, downtrodden people, so abused by the capitalistic oppressors, that she had no choice but to let them go. And that is exactly what she did. She let them go. A slap on the wrist, maybe a wink and a nod, and once again justice goes unserved. The worst of it is there will never be an end to soft-headed judges imposing their own brand of injustice until the legislature sets specific punishments. Forget the word guidelines. It doesn’t work. Forget the judges’ arguments that their legal training makes them smart enough to know what’s best. That’s pure crap. What’s best is that if you do a crime, you will do time. Real time. Hard time. Commentary invited.

1 comment:

Justice said...

Okay, now you are on my territory. First--never believe what you read in a newspaper or take it literally. I know first hand and on many occassions where I have given statements to the press and they have completely messed it up, changed it and have even gone as far as using part of my statement with another's. I have read too many articles on our Justice system that are so far off base I laugh. The press can't tell you the truth or give full details as it would not make for good reading and would not sell. (Another topic)

Second--Being given a suspended sentence with probation is not a slap on the wrist. There is actually a lot more to it that you are not aware of. Probation can be for years with many conditions that must be followed. They must see their probation Officer regularly (this also varies).It holds the offender accountable, requires them to rehabilitate and pay back the victim/community etc... We want people that make mistakes,as stupid as they may be, to learn from it and go on hopefully functioning in society as our law expects. People do make mistakes--non of us are exempt from it.
In order to be on a suspended sentence with probation you must first be convicted--this is for life and must be divulged in all job applications, military enrollment etc...They have a record for life that everyone and anyone can legally enquire about.

Third--regarding the Judge stating the sentence was appropriate in light of the probation investigation--response: What the hell does that mean? It means upon conviction, a Probation Officer (which I am), has to do a "study" on the offender. It entails comprising a written report on the offenders life--this can go all the way back to birth. Also there are other components which can be a part of the study including: psychological evals, substance abuse evals, and many other assessments--too many to go into and to try and explain. The Probation Officer then makes the recommendation for the sentencing based on all the info gathered and substanciated and within the law/limits based on the crime. The Judge can accept it, add to it, change it based on arguments presented or on his/her own judgement and knowledge.

Forth--Restitution is monitored by the Probation Officer and in many courts along with a Victim Advocate. If any conditions of probation are not followed , including not paying restitution, they are violated and that is where the susp sentence comes in. They can now serve time and then still complete probation and all conditions--also too much involved in this to explain. A victim also has the right to present an impact statement before the court, in person or in writing, and this too is in the "study". Their statement is considered for the sentencing.

Fifth--Think twice about wanting everyone locked up. Our prisons are already over capacity, it hardens people more, they have a less chance at rehabilitating and taking responsibility and their chance of recidivisim when out is ten fold.
Furthermore-- you think our taxes are high now--imprision everyone and we would be handing over our pay checks. You don't even want to know what it costs the tax payers to imprision someone.

Finally, I'm not saying our system is without problems but it most certainly is better than most. Don't forget, it is human to error. Think of situations you have been in yourself that may have been against the law and you have gotten away with it. Think now if you were caught. How would you have liked to have been treated?

PS: From Julia (public defenders investigator) says: there have been many cases were people have been wrongly convicted and have spent more than half their lives in prison for a crime they didn't commit. Only recently through the innocence project have those injustices come to light. Feel free to check on line: Innocence project.