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I'll clarify something said above: you can be released for "good behavior" from a federal sentence, but you must have served 85% of that sentence before even applying for release, the process of which takes several months to a couple years.
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Aug 31, 2023 21:26
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lilljonas posted:To get some perspective, 17 years without parole is just short of what you’d be looking at for a murder in the first degree sentence here in Sweden (”sentence for life”, i.e minimum 18 years). Minimum 25 years before parole in Canada. Of course they could declare you a Dangerous Offender and keep you imprisoned at His Majesty's pleasure.
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Aug 31, 2023 21:57
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Xiahou Dun posted:17 years is plenty long enough to gently caress up the rest of your life, and it’s worth keeping in mind there is no such thing as parole for federal crimes. This isn’t like a state charge where you can get out early for good behavior. Without denying or downplaying the horrors of our brutal prison system(s), in cases like this I do see a positive in Biggs being locked up because he's exactly the type who would immediately jump back on the Infowars train and cause great harm to people the moment he was at liberty so to do. Given his past behavior I don't see him ever learning his lesson, his insincere claims of contrition in the courtroom notwithstanding, and if he had the chance to help lead the next angry mob baying for blood he'd almost certainly do it, except with better weapons so he'd win this time.
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Aug 31, 2023 22:30
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Yeah I think the sentence is fine on its face. 17 years and permanent record of a federal felony is essentially dudes life. What gets people chuffed at US sentencing is people getting life, life without parole, or execution for seemingly lesser, sometimes false charges and based on their race or background often as not. It’s not just the charge, it’s the whole system.
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Aug 31, 2023 22:37
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Edgar Allen Ho posted:Yeah I think the sentence is fine on its face. 17 years and permanent record of a federal felony is essentially dudes life. What gets people chuffed at US sentencing is people getting life, life without parole, or execution for seemingly lesser, sometimes false charges and based on their race or background often as not. It’s not just the charge, it’s the whole system. One of the other things that people find astonishing about US prison sentences is that they can just add consecutive sentences up until someone gets 237 years. And like everywhere else in the world is like "this is super dumb. You may as well just say Life without the possibility of parole and be done with it." While the US justice system is like "but wait. Maybe this criminal is secretly a caveman who was exposed to a meteor and has an unnaturally long life span. We can't take the chance that he is not!"
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Aug 31, 2023 22:44
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The Question IRL posted:One of the other things that people find astonishing about US prison sentences is that they can just add consecutive sentences up until someone gets 237 years. And that's why there' s no vampires in the US. They're afraid of our prison sentences.
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Aug 31, 2023 22:45
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Oracle posted:And that's why there' s no vampires in the US. They're afraid of our prison sentences. I thought it's because all the border guards are racists who refuse to invite them in.
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Aug 31, 2023 22:50
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The Question IRL posted:One of the other things that people find astonishing about US prison sentences is that they can just add consecutive sentences up until someone gets 237 years. How do you propose to run a Suicide Squad if we aren't shaving time off centuries long sentences?
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Aug 31, 2023 22:55
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Nervous posted:I thought it's because all the border guards are racists who refuse to invite them in. But they're so pale!
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Aug 31, 2023 23:15
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Nervous posted:I thought it's because all the border guards are racists who refuse to invite them in. Blah, blah, blah. We've all heard the vampirapologista before.
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Sep 1, 2023 00:15
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The Question IRL posted:One of the other things that people find astonishing about US prison sentences is that they can just add consecutive sentences up until someone gets 237 years. The U.S. is that one video game where you're sentenced to a million years for the crime of being born and have to work off your sentence killing monsters or some poo poo.
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Sep 1, 2023 00:56
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finally found the vampire complaining thread! "scratch scratch scratch" I. HEAR YOU. i'm not responding because i'm ignoring you, not because i can't hear you! i know: you want to come in. i get it. my answer hasn't changed though!
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Sep 1, 2023 00:59
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The Question IRL posted:One of the other things that people find astonishing about US prison sentences is that they can just add consecutive sentences up until someone gets 237 years. Seems like a very straightforward and fair approach. “You’d better hope you’re a vampire because if you are we will be true to our word and release you in 237 years (plus time added for guards fellow prisoners exsanguinated)
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Sep 1, 2023 01:21
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There was a case where someone tried to argue they had already completed their life sentence because they had died then been resuscitated. Spoilers: the courts did not find this argument persuasive
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Sep 1, 2023 01:25
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If DoJ appeals Briggs 17 year sentence would Kelly stating that the sentence determination was a pre-textual dumb show for him to give his already determined sentence have bearing? “ Kelly: i would have imposed precisely the same sentence had the terrorism guideline not applied. I did not bring it all the way down to where the guideline applied but I can say, if the terrorism adjustment hadn't applied, would've sentenced him to the same.” Or is the judges discretion so strong here that his reasoning can’t really be questioned? If so, what is the lever used by the prosecution to get an increase? Just showing that the calculation was wrong and didn’t take into account some fact?
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Sep 1, 2023 01:48
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Hieronymous Alloy posted:There was a case where someone tried to argue they had already completed their life sentence because they had died then been resuscitated. The courts are no fun. That's good lateral thinking.
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Sep 1, 2023 02:26
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Hieronymous Alloy posted:There was a case where someone tried to argue they had already completed their life sentence because they had died then been resuscitated. Any decent defense attorney would have known to appeal that to a Fey court. Edit: Particularly if the convict was a vampire. The undead by definition cannot serve a life sentence!
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Sep 1, 2023 02:28
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Deuce posted:Any decent defense attorney would have known to appeal that to a Fey court. If the living can be given a death sentence then why couldn't the undead be given a life sentence?
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Sep 1, 2023 02:36
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The Question IRL posted:One of the other things that people find astonishing about US prison sentences is that they can just add consecutive sentences up until someone gets 237 years.
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Sep 1, 2023 03:31
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Nervous posted:If the living can be given a death sentence then why couldn't the undead be given a life sentence? They get an unlife sentence. If they turn to dust they're done. If however, they just turn into a bunch of bats or a wolf or mist or something, they still have to serve their time.
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Sep 1, 2023 04:21
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Hieronymous Alloy posted:There was a case where someone tried to argue they had already completed their life sentence because they had died then been resuscitated. The professor's response was "we're not unpacking that because...um...we're not unpacking that"
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Sep 1, 2023 04:26
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Hieronymous Alloy posted:There was a case where someone tried to argue they had already completed their life sentence because they had died then been resuscitated. There was a Scottish woman who got off on something similar to this back during eighteenth century, Half-Hanged Maggie Dickson who survived being hanged for adultery but was to outward appearances actually dead and was officially declared so by the attending doctor, only to revive and awaken in her coffin some hours later while the undertakers who were supposed to be burying her tarried at a tavern for a few pints. She later successfully argued before a court she's served her sentence of being hanged from the neck until dead, on the evidence of the doctor signing the death certificate, and lived the rest of her life as a dead person. Sadly, her main legacy these days was to have her story
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Sep 1, 2023 04:34
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Captain_Maclaine posted:There was a Scottish woman who got off on something similar to this back during eighteenth century, Half-Hanged Maggie Dickson who survived being hanged for adultery but was to outward appearances actually dead and was officially declared so by the attending doctor, only to revive and awaken in her coffin some hours later while the undertakers who were supposed to be burying her tarried at a tavern for a few pints. She later successfully argued before a court she's served her sentence of being hanged from the neck until dead, on the evidence of the doctor signing the death certificate, and lived the rest of her life as a dead person. loving tragic ending for an absolute queen. I hope she hosed that dude again too.
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Sep 1, 2023 04:37
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Xiahou Dun posted:loving tragic ending for an absolute queen. Marriage is 'till death do us part' so it was no longer adultery to do so.
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Sep 1, 2023 04:41
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The Lone Badger posted:Marriage is 'till death do us part' so it was no longer adultery to do so. But loving a corpse is illegal, so her poor paramour better hope he's got the same strong neckbones as his ladylove.
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Sep 1, 2023 04:43
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Oracle posted:But loving a corpse is illegal, so her poor paramour better hope he's got the same strong neckbones as his ladylove. And as incompetent/drunk a hangman and attending physician.
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Sep 1, 2023 04:52
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There was a Twilight Zone episode where a man makes a deal with the devil for immortality. He then kills his wife because he is the kind of jerk who would make a deal with the devil. He is caught and sentenced to prison with a life sentence Realizing he is immortal that means he will get to spend his entire immortal life in prison. He cries a lot and the devil comes to take his soul to hell. This has nothing to do with Trump and his elk except that I hope he spends the rest of his life in jail.
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Sep 1, 2023 04:58
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What about Trump's elk??
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Sep 1, 2023 04:58
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drat auto correct. But if he has an elk I wish it no hard will. Elks are cute
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Sep 1, 2023 05:01
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Captain_Maclaine posted:There was a Scottish woman who got off on something similar to this back during eighteenth century, Half-Hanged Maggie Dickson who survived being hanged for adultery but was to outward appearances actually dead and was officially declared so by the attending doctor, only to revive and awaken in her coffin some hours later while the undertakers who were supposed to be burying her tarried at a tavern for a few pints. She later successfully argued before a court she's served her sentence of being hanged from the neck until dead, on the evidence of the doctor signing the death certificate, and lived the rest of her life as a dead person. I have an odd question, speaking of someone "dying" and coming back- let's say there are two people, A and B. B goes missing one day, A is arrested and tried for murdering B, and does the full sentence, all time served. After A is released from prison, B suddenly returns and is actually alive and well, and it turns out that everything A said during the trial actually happened. Let's assume there were no exonerations or pardons for A because the judge is a dick. Legally, can A murder B at this point? A had already been arrested and served the sentence for murdering B, so would that fall into double jeopardy?
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Sep 1, 2023 12:10
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There was a movie about this https://en.wikipedia.org/wiki/Double_Jeopardy_(1999_film) Also original verdicts can be undermined or even overturned by new evidence, no? The new fact that person B is now alive would certainly do that.
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Sep 1, 2023 12:21
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What was it Scalia said? Being factually innocent of a crime isn't a reason for appeal.
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Sep 1, 2023 12:44
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Nervous posted:The courts are no fun. That's good lateral thinking. Sure but cardiac arrest =/= “deceased” and while it’s fun and a nice try, clinically there is no argument for it.
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Sep 1, 2023 12:52
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Randalor posted:I have an odd question, speaking of someone "dying" and coming back- let's say there are two people, A and B. B goes missing one day, A is arrested and tried for murdering B, and does the full sentence, all time served. After A is released from prison, B suddenly returns and is actually alive and well, and it turns out that everything A said during the trial actually happened. Let's assume there were no exonerations or pardons for A because the judge is a dick. Most likely they would simply be considered separate crimes.
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Sep 1, 2023 13:15
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Oh okay. Sucks to be person A I suppose.
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Sep 1, 2023 13:26
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Randalor posted:Oh okay. Sucks to be person A I suppose. I mean unless you get the time you were imprisoned for certified as a miscarriage of justice and then sue the State for an rear end load of money. Which you then use to legally destroy the life of person B.
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Sep 1, 2023 13:43
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The Oathkeepers' Stewart Rhodes remains the heaviest sentence from Jan 6 at 18 years. Biggs and Rehl respectively are at 17 and 15, and it'll be interesting to see where Pezzola lands this morning as the jury acquitted him of seditious conspiracy but found him guilty of breaking a window to allow entry and stealing an officer's shield. I would suspect that Nordean will be on par with Biggs, but Kelly's been... idiosyncratic... thus far https://twitter.com/Brandi_Buchman/status/1697343945963966967 Pezzola's attorney filed a 287 page supplemental sentencing memo this morning that consisted of variations on "how come proud boys and oath keepers get harsher sentences than antifa and BLM?" An attempt to search 'Reinoehl' in the filing came up blank but I'm sure I'll hear from police shooting apologists why it's not fair to include when assessing how punitive this week's sentences are, even as the fash bring up Portland cases unpromoted. Kelly explained that the timing is inappropriate and the lawyer isn't respecting the process. From the back and forth he's having with prosecutors about the extent to which Pezzola intended to and/or did join the conspiracy, I'm guessing he'll see something substantially lighter than Biggs or Rehl. ETA: He again credits the defense arguments of "not enough people died for it to be terrorism" and "nothing went boom and terrorism needs explosions" for why he has been and presumably will continue to ignore the enhancement for sentencing purposes despite being compelled to add it (Metcalf is the less inept of Pezzola's counsel): https://twitter.com/Brandi_Buchman/status/1697622821654892882 https://twitter.com/Brandi_Buchman/status/1697623128657019218 https://twitter.com/Brandi_Buchman/status/1697623992285204956 Paracaidas fucked around with this message at 16:00 on Sep 1, 2023 |
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Sep 1, 2023 15:48
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Pezzola sentenced to 10 years, departing from guidelines of 17.5-21 years. Kelly continues to essentially nullify the terrorism enhancement because there were no explosions and the deaths and injuries that did occur were not, in his opinion, enough to count. A nice shot/chaser https://twitter.com/Brandi_Buchman/status/1697648587952337282 https://twitter.com/Brandi_Buchman/status/1697650078943523250
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Sep 1, 2023 18:07
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Does the judge just have a history of being more lenient with sentencing or should I just start assuming the judge is sympathetic to overthrowing the democratically elected president?
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Sep 1, 2023 18:20
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Randalor posted:Does the judge just have a history of being more lenient with sentencing or should I just start assuming the judge is sympathetic to overthrowing the democratically elected president? If he was sympathetic he wouldn't have put them in jail at all. The problem seems to be the definition of terrorism, in his mind, requires more than what occurred. Which is incredibly stupid.
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Sep 1, 2023 18:24
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