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(The Age (Melbourne))   162 years for a first offence? That's outrageous. Wait - seven armed robberies? Well, OK then   (theage.com.au) divider line 82
    More: Florida, recidivists, cruel and unusual punishment, minimum sentence, sentencing guidelines, passwords, miami area  
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5357 clicks; posted to Main » on 04 Jul 2012 at 5:05 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-07-03 10:06:48 PM
Subby skimmed.

FTFA:

Davis was convicted of participating in a string of armed robberies in the Miami area in 2010. His accomplices testified against him, saying he carried a gun during their crimes and discharged it at a dog that chased them after one of their burglaries. But Davis was not convicted of hurting anyone physically, including the dog.

My first offence, and they gave me all this time," said Davis, a pudgy African American with dreadlocks who spoke at the Federal Detention Centre in Miami. "Might just as well say I'm dead."

According to expert testimony at his trial, Davis suffers from a learning disability and bipolar disorder. . . At the time of his arrest, he says he was living on $US674 a month in Social Security disability payments

Davis, who still maintains his innocence, was the only one of the six men charged who went to trial. . . As the odd man out, Davis was convicted largely on the basis of his accomplices' testimony, court documents show.

Davis's unusually long sentence results from a controversial practice known as "stacking", in which each count of an indictment is counted as a separate crime, thus transforming a first-time defendant into a "habitual criminal" subject to multiple sentences and mandatory sentencing guidelines.


This is ridiculous.
 
2012-07-03 10:42:16 PM
No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.
 
2012-07-03 10:45:13 PM

kingoomieiii: No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.


He shot at a dog. Rope's like $20 at Walmart.

I wouldn't hang him, but I'd get him as far as the hood over the face on the gallows, then pull a Moist von Lipwig on his ass.

Incarcerations are silly.
 
2012-07-03 10:59:06 PM

doglover: He shot at a dog. Rope's like $20 at Walmart.

Davis was convicted of seven counts of possessing a firearm in furtherance of a crime of violence, an offence punishable under the so-called mandatory minimum sentences imposed by Congress since the late 1980s.


So, apparently it IS considered violent crime, and this makes more sense. He wasn't convicted of shooting the dog.

Really, no parole?
 
2012-07-03 11:01:51 PM
Still excessive and mandatory minimums are still asinine. Stacking charges over a single criminal act is also asinine.

This guy was a classic farkup, but why tell an 18-yr-old who didn't actually hurt anyone that he's going to die in prison? That's farked up.
 
2012-07-03 11:41:04 PM

kingoomieiii: doglover: He shot at a dog. Rope's like $20 at Walmart.

Davis was convicted of seven counts of possessing a firearm in furtherance of a crime of violence, an offence punishable under the so-called mandatory minimum sentences imposed by Congress since the late 1980s.

So, apparently it IS considered violent crime, and this makes more sense. He wasn't convicted of shooting the dog.

Really, no parole?


Like I said, Moist von Lipwig. Everyone deserves one second chance. ONE.
 
2012-07-04 12:09:46 AM
Seems like the perfect candidate for a military option in lieu of prison. Do judges still get to offer that?
 
2012-07-04 12:16:43 AM

Frederick: Seems like the perfect candidate for a military option in lieu of prison. Do judges still get to offer that?


They should.
 
2012-07-04 12:33:07 AM

Frederick: Seems like the perfect candidate for a military option in lieu of prison. Do judges still get to offer that?


Hey, plundering riches, killing people's pets, and waving guns in the faces of the locals? He'd fit right in!

Ba-dum-
www.geekologie.com
 
2012-07-04 12:44:29 AM
Meanwhile the pilot of the Jetblue pilot who went nuts and tried to kill everyone on the plane by crashing it got zero jail time because they got a doctor to say "at the time of the commission of the offense, the defendant appeared to suffer from a severe mental disease or defect that impaired his ability to appreciate the nature, quality, or wrongfulness of his behavior."

Dude, you need this doctor to get you a note saying the same thing. You'll get zero jail time.
 
2012-07-04 12:45:09 AM
Pilot of the Jetblue PLANE.

/it's late.
 
2012-07-04 01:51:57 AM

kingoomieiii: No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.


All armed offences are violent crimes. Just ask anybody who has been subjected to one. Doesn't look like he's claiming innocence either, just pissed off because he got the book thrown at him.

Really, I don't like this kind of sentencing (except for pedophiles, and I'd rather see those executed), but seven armed robberies is serious shiat.
 
2012-07-04 01:55:02 AM

Jesus McSordid: All armed offences are violent crimes. Just ask anybody who has been subjected to one.


This.
 
2012-07-04 02:10:06 AM

Jesus McSordid: kingoomieiii: No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.

All armed offences are violent crimes. Just ask anybody who has been subjected to one. Doesn't look like he's claiming innocence either, just pissed off because he got the book thrown at him.

Really, I don't like this kind of sentencing (except for pedophiles, and I'd rather see those executed), but seven armed robberies is serious shiat.


I just really don't think it's appropriate to tell a kid he's going to die in prison on his first jaunt through the court system, particularly when there aren't even any bodies.
 
2012-07-04 02:16:22 AM

Frederick: Seems like the perfect candidate for a military option in lieu of prison. Do judges still get to offer that?


I so agree.

He's 19. Put him in with some drill sergants and if he still screws up... prison.

He farked up to be sure but he's 19.
 
2012-07-04 02:27:41 AM
The article was way too biased for me to finish.

The dude is an armed robber who discharged a firearm during one of his crimes - not violent my ass.

Sorry, no sympathy for him from me. And for all those complaining about the cost of incarceration I'm all in favor of lowering the cost of incarceration.

Build a wall, throw them in a pit and have a few armed guards make sure they never get out.
 
2012-07-04 02:38:01 AM

Happy Hours: Build a wall, throw them in a pit and have a few armed guards make sure they never get out.


Put it on TV and sell advertising.
 
2012-07-04 05:12:13 AM
Seven is a lot of armed robberies, but more than 20 years for each offense seems pretty draconian.
 
2012-07-04 05:17:00 AM
Send him to the wall
i.imgur.com
 
2012-07-04 05:19:27 AM
Just going to post here since I'm sure there's 50 stuff in the queue and this is the latest thread:

http://webcast.web.cern.ch/webcast/play_higgs.html

Higgs Boson conference
 
2012-07-04 05:27:04 AM
FTA: In one recent, highly controversial Florida sentencing, Marissa Alexander, an African-American woman in Jacksonville with no previous criminal record, was sentenced to 20 years for firing a pistol twice into the air while trying to ward off an attack by her abusive husband. Denied the protection of Florida's controversial "stand your ground" law, the 31-year-old mother of three was convicted of aggravated assault, a felony, and given the mandatory sentence for anyone who fires a gun in commission of the felony.


I hadn't actually heard this one before. What the HELL, Florida? how does that even deserve jail time, let alone 20 farking years?

I don't wanna go all race-card, but if a white woman with no criminal record fired a gun to scare off an abusive husband, there's no chance in hell she'd see the inside of a courtroom.
 
2012-07-04 05:28:08 AM

doglover: Frederick: Seems like the perfect candidate for a military option in lieu of prison. Do judges still get to offer that?

They should.


/Yes, because just what we need is a high school drop out with bipolar disorder and a history of violence holding a machine gun.
 
2012-07-04 05:30:21 AM

Jesus McSordid: kingoomieiii: No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.

All armed offences are violent crimes. Just ask anybody who has been subjected to one. Doesn't look like he's claiming innocence either, just pissed off because he got the book thrown at him.

Really, I don't like this kind of sentencing (except for pedophiles, and I'd rather see those executed), but seven armed robberies is serious shiat.


It happened in US federal court, so I would imagine it will be federal prison not state prison. Which means no conjugal or other type of visits. He will spend the sentence on the west part of the country so his family can't visit. That is what is really making it sink in for this guy. State prison would just suck real bad, but atleast family could drop by.
 
2012-07-04 05:31:36 AM

Bit'O'Gristle: /Yes, because just what we need is a high school drop out with bipolar disorder and a history of violence holding a machine gun.


Any women or children or dogs?

Some times!

How do you shoot women or children or dogs?

Easy, you just don't lead 'em as much! HA HA HA HA HA!
 
2012-07-04 05:32:55 AM
Don't do the crime if you can't do the time
 
2012-07-04 05:33:38 AM
Parole Board chairman: They've got a name for people like you H.I. That name is called "recidivism."
Parole Board member: Repeat offender!
Parole Board chairman: Not a pretty name, is it H.I.?
H.I.: No, sir. That's one bonehead name, but that ain't me any more.
Parole Board chairman: You're not just telling us what we want to hear?
H.I.: No, sir, no way.
Parole Board member: 'Cause we just want to hear the truth.
H.I.: Well, then I guess I am telling you what you want to hear.
Parole Board chairman: Boy, didn't we just tell you not to do that?
H.I.: Yes, sir.
Parole Board chairman: Okay, then.

/surprised it this wasn't the Boobies
//the headline was just screaming for it
 
2012-07-04 05:35:37 AM

bhcompy: Don't do the crime if you can't do the time


Eighteen year olds tend to fark up. It happens. This guy doesn't deserve life in prison, particularly when the only evidence he ever fired his gun is the testimony of other criminals offered in exchange for a plea bargain.
 
2012-07-04 06:29:53 AM
You know there's a problem with your justice system when the minimum isn't decided by the man/women who's title is Judge. If we can't let these people use their judgement then what's their role other than debate moderator, because the rest can be done by an adding machine..Also what gain does the state see in pursuing a punishment that excessive. Did the boy fark up? yes. Should he be punished? Yes. Give him some time help him learn a trade in prison, get him some counceling if needed and give him a second chance at having a real life.
 
2012-07-04 06:30:48 AM

Gunther: FTA: In one recent, highly controversial Florida sentencing, Marissa Alexander, an African-American woman in Jacksonville with no previous criminal record, was sentenced to 20 years for firing a pistol twice into the air while trying to ward off an attack by her abusive husband. Denied the protection of Florida's controversial "stand your ground" law, the 31-year-old mother of three was convicted of aggravated assault, a felony, and given the mandatory sentence for anyone who fires a gun in commission of the felony.


I hadn't actually heard this one before. What the HELL, Florida? how does that even deserve jail time, let alone 20 farking years?

I don't wanna go all race-card, but if a white woman with no criminal record fired a gun to scare off an abusive husband, there's no chance in hell she'd see the inside of a courtroom.


The article did not explain the circumstances very well. The woman and her husband got into a fight. She left. Once safe, she chose to return to the house with a gun to gather some things. In the process, she fired two warning shots into a wall. The police and prosecutors took a dim view of this because her two children were on the other side of the wall she shot at (they were not injured).

Ya, 20 years is pretty harsh though.
 
2012-07-04 06:44:27 AM

gunga galunga: Parole Board chairman: They've got a name for people like you H.I. That name is called "recidivism."
Parole Board member: Repeat offender!
Parole Board chairman: Not a pretty name, is it H.I.?
H.I.: No, sir. That's one bonehead name, but that ain't me any more.
Parole Board chairman: You're not just telling us what we want to hear?
H.I.: No, sir, no way.
Parole Board member: 'Cause we just want to hear the truth.
H.I.: Well, then I guess I am telling you what you want to hear.
Parole Board chairman: Boy, didn't we just tell you not to do that?
H.I.: Yes, sir.
Parole Board chairman: Okay, then.

/surprised it this wasn't the Boobies
//the headline was just screaming for it


Pretty sure it was alluding to it.
 
2012-07-04 06:50:58 AM
The sentence stacking is pretty asinine, but those saying that this is "just one mistake" are idiots. This is SEVEN ARMED ROBBERIES. That's not a bunch of kids having a good time on a Saturday night where things get out of hand. It's a colossal string of fark ups.

20 years in prison sounds about right. Not 162.
 
2012-07-04 06:59:49 AM
He's a 7 time offender, first time convict. Not getting caught after the first offence doesn't mean it didn't happen
 
2012-07-04 07:01:17 AM
Nonetheless, Davis's attorney will argue that Davis's sentence to die in prison also constitutes "cruel and unusual punishment" on the grounds that Davis is a "first offender," having never before been caught charged with a crime.

FTFY
 
2012-07-04 07:25:57 AM
A string of 7 armed robberies is more than just bad judgement or short term failure in morality. But I don't see how locking him up for life is appropriate or useful. Either he learns his lesson after 5 to 10 or he doesn't, but he didn't manage to do anything that really justifies needing to remove him from society permanently. The only possible reason is deterrent, (which I disagree with, since it's not like anyone committing armed robbery fails to understand that they're farked if caught.) and I just don't think this case sends that message since the other 5 guys walked without even going to trial.
 
2012-07-04 07:31:03 AM
Should have worn a suit and robbed banks. Then you get no jail time and you can keep the money.
 
2012-07-04 07:37:28 AM
Quartavious??? Sounds like a name for a stupid ass punk who'd shoot at a dog. He got off easy.
 
2012-07-04 07:40:08 AM
"seven armed robberies"

I guess I must be really tired this morning, because I TOTALLY mis-parsed that.

/put your hands up and step away from the gun
//ALL your hands
 
182
2012-07-04 07:46:04 AM

kingoomieiii: This wasn't even a violent crime.


great point, BUT....as wrong as this might be, they might be saving us from the POS. anyways, not my problem....enjoy prison life, you POS.
 
2012-07-04 07:56:13 AM

Pinhedd: He's a 7 time offender, first time convict. Not getting caught after the first offence doesn't mean it didn't happen


Hey, stop talking sense. This is Fark!!!
 
2012-07-04 08:04:39 AM
I am so so glad so many of you are volunteering to move him into your home.
 
2012-07-04 08:05:08 AM
Sounds like he has shiat friends too.
 
2012-07-04 08:09:11 AM
I'm not awake enough to actually do the research, but the article is a pretty biased piece of writing. It throws out the usual medical excuses plus the race card.

/still thinks he got screwed
//20-25 years sounds right
 
2012-07-04 08:12:42 AM

kingoomieiii: No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.


Armed robbery is a violent crime, asshole. And this poor soul is worried about stacking? Where's all the bleeding heart "STOP BREAKING THE LAW ASSHOLE" liberals now? Oh noes, a black man who committed several crimes is committed of every single one, what an outrage!

If your argument was any dumber, we'd have to water it twice a week.
 
2012-07-04 08:18:31 AM

Fade2black: kingoomieiii: No, seriously, that's dumb as fark. The courts just sentenced the state to upwards of $4,000,000 in upkeep on a lifetime prisoner. NO PAROLE? The asshole didn't even kill anyone. This wasn't even a violent crime.

Armed robbery is a violent crime, asshole. And this poor soul is worried about stacking? Where's all the bleeding heart "STOP BREAKING THE LAW ASSHOLE" liberals now? Oh noes, a black man who committed several crimes is committed of every single one, what an outrage!

If your argument was any dumber, we'd have to water it twice a week.


And where's all the "As a taxpayer...." or "MY tax dollars" talk the righties like to pull out in every discussion?
Oh, right. $100 to give a welfare mother some food stamps is "tranfer of wealth", and "theft" - but it's perfecttly fine to give some schlub who never harmed a hair on anyones head three hots and a cot for the rest of his life. At MY expense.
Right wing "logic".
 
2012-07-04 08:19:32 AM
His whore mother should be arrested also for giving him that stupid name.
 
2012-07-04 08:34:05 AM
The moral of the story being that if your going to commit crimes have enough dirt on other people that you can cut a deal and get others arrested and your sentenced reduced or possibly even get yourself into the federal witness protection program and never serve a day behind bars.

/knowledge is power!
 
2012-07-04 08:40:05 AM
When he gets out of jail he should kick the a$$ of the guys that testified against him.
 
2012-07-04 08:45:58 AM

dr_blasto: Still excessive and mandatory minimums are still asinine. Stacking charges over a single criminal act is also asinine.

This guy was a classic farkup, but why tell an 18-yr-old who didn't actually hurt anyone that he's going to die in prison? That's farked up.


Yes...but..he did commit the two most heinous sins in America society; 1) he's fat, 2) he's black.

Probably smoked marijuana on occassion too! Marijuana for Gods sake peoples!????????
 
2012-07-04 08:46:53 AM
Meh. Pedos get less
 
2012-07-04 08:56:48 AM

bhcompy: Don't do the crime if you can't do the time


This.

Florida has *very* strict laws about possessing guns while committing a crime, and every thug knows this.
 
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