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	<title>
	Comments on: June 11 roundup	</title>
	<atom:link href="https://www.overlawyered.com/2007/06/june-11-roundup/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2007/06/june-11-roundup/</link>
	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: ben tillman		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7684</link>

		<dc:creator><![CDATA[ben tillman]]></dc:creator>
		<pubDate>Tue, 12 Jun 2007 13:51:39 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7684</guid>

					<description><![CDATA[&quot;I can&#039;t see how the prosecution or the judge could possibly have justified such a ridiculously harsh sentence.&quot;

You know another thing we can&#039;t see:  the name of the idiot who handed diown the eight-year sentence.  The name is conspicuously absent from every story I could find.  Eventually, I find a story that mentioned the name of the appellate judge, but the trial judge&#039;s anonymity is preserved.
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			<content:encoded><![CDATA[<p>&#8220;I can&#8217;t see how the prosecution or the judge could possibly have justified such a ridiculously harsh sentence.&#8221;</p>
<p>You know another thing we can&#8217;t see:  the name of the idiot who handed diown the eight-year sentence.  The name is conspicuously absent from every story I could find.  Eventually, I find a story that mentioned the name of the appellate judge, but the trial judge&#8217;s anonymity is preserved.</p>
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		<title>
		By: John Rohan		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7683</link>

		<dc:creator><![CDATA[John Rohan]]></dc:creator>
		<pubDate>Tue, 12 Jun 2007 04:07:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7683</guid>

					<description><![CDATA[Regarding the drinking case, I think the woman should have had some prison time. But what no one is mentioning here is that the 8-10 year sentence (that she originally got) is more time than most drunk drivers get for causing fatalities. I can&#039;t see how the prosecution or the judge could possibly have justified such a ridiculously harsh sentence. Unfortunately, it was strongly supported by the local chapter of MADD, which means that MADD has now lost some of my support.

JR
&lt;a href=&quot;http://shieldofachilles.blogspot.com&quot;/ rel=&quot;nofollow&quot;&gt;http://shieldofachilles.blogspot.com&lt;/a&gt;
]]></description>
			<content:encoded><![CDATA[<p>Regarding the drinking case, I think the woman should have had some prison time. But what no one is mentioning here is that the 8-10 year sentence (that she originally got) is more time than most drunk drivers get for causing fatalities. I can&#8217;t see how the prosecution or the judge could possibly have justified such a ridiculously harsh sentence. Unfortunately, it was strongly supported by the local chapter of MADD, which means that MADD has now lost some of my support.</p>
<p>JR<br />
<a href="http://shieldofachilles.blogspot.com/" rel="nofollow">http://shieldofachilles.blogspot.com/</a></p>
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		<title>
		By: David Schwartz		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7682</link>

		<dc:creator><![CDATA[David Schwartz]]></dc:creator>
		<pubDate>Tue, 12 Jun 2007 01:36:30 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7682</guid>

					<description><![CDATA[The issue is whether it&#039;s okay to break the law when doing so will in fact replace a greater harm with a lesser one. If the madman is going to push the button to blow up a stadium full of people, you shoot him through the hostage.

&quot;You seem to have a utilitarian view of criminal law, i.e., it&#039;s OK to break the law if there is a possible benefit to people.&quot;

If I have to trespass and steal your crowbar to get a child out of a burning car, I&#039;m going to do it. And if the law charges me with trespass, the law is an ass.

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			<content:encoded><![CDATA[<p>The issue is whether it&#8217;s okay to break the law when doing so will in fact replace a greater harm with a lesser one. If the madman is going to push the button to blow up a stadium full of people, you shoot him through the hostage.</p>
<p>&#8220;You seem to have a utilitarian view of criminal law, i.e., it&#8217;s OK to break the law if there is a possible benefit to people.&#8221;</p>
<p>If I have to trespass and steal your crowbar to get a child out of a burning car, I&#8217;m going to do it. And if the law charges me with trespass, the law is an ass.</p>
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		<title>
		By: Deoxy		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7681</link>

		<dc:creator><![CDATA[Deoxy]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 18:27:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7681</guid>

					<description><![CDATA[Ima,

1) Breaking the law is, generally, a bad idea; however, the law is an IMPERFECT mechanism with a specific aim, and in this case, the mechanism misses the point.  Also, just for the record, the odds of any poster on this forum not having personally broken a law in th last week is incredibly small (that&#039;s how many ridiculous laws we have).

2) Even ignoring #1, taking action against the parent in this case, while NOT taking significant action against &quot;unsupervised&quot; parties is quite ridiculous.

3) Even ignoring 1 &amp; 2, increasing the sentence for an activity that was spcifically designed to PREVENT drunk driving bcause the sentencer wants to prevent drunk driving (or prosecuting the case because one wants to be seen as being against drunk driving for political advantage) is, to put it as mildly and politely as possible, missing the entire point.

One can say that the actions of the court and prosecution in this case are ridiculous without necessarily endorsing what is being prosecuted.

Minors drink.  50+ years of trying to get thm to quit has failed spectacularly.  If stopping drunk DRIVING is more important than stopping drinking (and I would hope that&#039;s universally acknowledged), action against this particular couple is counterproductive (again, trying to be polite in word choice).
]]></description>
			<content:encoded><![CDATA[<p>Ima,</p>
<p>1) Breaking the law is, generally, a bad idea; however, the law is an IMPERFECT mechanism with a specific aim, and in this case, the mechanism misses the point.  Also, just for the record, the odds of any poster on this forum not having personally broken a law in th last week is incredibly small (that&#8217;s how many ridiculous laws we have).</p>
<p>2) Even ignoring #1, taking action against the parent in this case, while NOT taking significant action against &#8220;unsupervised&#8221; parties is quite ridiculous.</p>
<p>3) Even ignoring 1 &#038; 2, increasing the sentence for an activity that was spcifically designed to PREVENT drunk driving bcause the sentencer wants to prevent drunk driving (or prosecuting the case because one wants to be seen as being against drunk driving for political advantage) is, to put it as mildly and politely as possible, missing the entire point.</p>
<p>One can say that the actions of the court and prosecution in this case are ridiculous without necessarily endorsing what is being prosecuted.</p>
<p>Minors drink.  50+ years of trying to get thm to quit has failed spectacularly.  If stopping drunk DRIVING is more important than stopping drinking (and I would hope that&#8217;s universally acknowledged), action against this particular couple is counterproductive (again, trying to be polite in word choice).</p>
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		<title>
		By: Joe Bingham		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7680</link>

		<dc:creator><![CDATA[Joe Bingham]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 18:11:46 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7680</guid>

					<description><![CDATA[Ben, I believe Ima is among those who thinks alcohol consumption by minors is &lt;i&gt;inherently&lt;/i&gt; harmful.

(disclosure: I&#039;m an abstainer who doesn&#039;t categorically oppose drinking, teenaged or otherwise)
]]></description>
			<content:encoded><![CDATA[<p>Ben, I believe Ima is among those who thinks alcohol consumption by minors is <i>inherently</i> harmful.</p>
<p>(disclosure: I&#8217;m an abstainer who doesn&#8217;t categorically oppose drinking, teenaged or otherwise)</p>
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		<title>
		By: ben tillman		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7679</link>

		<dc:creator><![CDATA[ben tillman]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 16:39:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7679</guid>

					<description><![CDATA[Sorry, Ima, but there is not even an allegation that anyone was harmed by what the mother did.  And your notion that her punishment is justified by crimes she is not alleged to have committed is ridiculous.
]]></description>
			<content:encoded><![CDATA[<p>Sorry, Ima, but there is not even an allegation that anyone was harmed by what the mother did.  And your notion that her punishment is justified by crimes she is not alleged to have committed is ridiculous.</p>
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		<title>
		By: Hans Bader		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7678</link>

		<dc:creator><![CDATA[Hans Bader]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 16:31:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7678</guid>

					<description><![CDATA[Note that while the Virginia mom received 27 months in jail just for serving booze at her son&#039;s party, a Tennessee Pastor&#039;s wife will receive only a few months in jail for killing her husband by shooting him in the back while he lay in bed.  (See
&quot;Woman Who Killed Husband Might Serve Only 60 Days,&quot; Washington Post, June 9).

Isn&#039;t our criminal justice system insane?  You get less penalty for killing your husband than you do for serving booze to minors.

The Tennessee example is not an isolated incident.  According to the Bureau of Justice Statistics&#039; study of large urban counties, wives who kill their husbands without provocation get an average of only 7 years in prison.

By contrast, husbands who kill their wives get a more reasonable 17 years on average.  The grossly indulgent treatment of husband-killers seems to reflect deeply ingrained gender-bias.

The U.S. Sentencing Commission has noted that gender-bias in favor of female defendants is commonplace in the federal courts as well.
]]></description>
			<content:encoded><![CDATA[<p>Note that while the Virginia mom received 27 months in jail just for serving booze at her son&#8217;s party, a Tennessee Pastor&#8217;s wife will receive only a few months in jail for killing her husband by shooting him in the back while he lay in bed.  (See<br />
&#8220;Woman Who Killed Husband Might Serve Only 60 Days,&#8221; Washington Post, June 9).</p>
<p>Isn&#8217;t our criminal justice system insane?  You get less penalty for killing your husband than you do for serving booze to minors.</p>
<p>The Tennessee example is not an isolated incident.  According to the Bureau of Justice Statistics&#8217; study of large urban counties, wives who kill their husbands without provocation get an average of only 7 years in prison.</p>
<p>By contrast, husbands who kill their wives get a more reasonable 17 years on average.  The grossly indulgent treatment of husband-killers seems to reflect deeply ingrained gender-bias.</p>
<p>The U.S. Sentencing Commission has noted that gender-bias in favor of female defendants is commonplace in the federal courts as well.</p>
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		<title>
		By: Ima Fish		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7677</link>

		<dc:creator><![CDATA[Ima Fish]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 14:52:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7677</guid>

					<description><![CDATA[&lt;em&gt;&quot;I didn&#039;t say it&#039;s okay to break the law.&quot;&lt;/em&gt;

Thanks for clarifying that Ted.  I guess I have a different perspective because the neighborhood where I grew up had one of these &quot;fun&quot; families.

They let all the kids drink, because &quot;kids will drink so we might as well keep them safe.&quot;  But the parents also let them smoke pot, do coke, have sex, etc.  All under the guise of protecting kids.

I give kids and parents a little more credit.  If you know your child is going to break the law, don&#039;t help him.  Ground him, take away his car keys, but don&#039;t simply give up and participate.

And one last thing, I think any utilitarian aspects could be brought up at sentencing to get a lower sentence.
]]></description>
			<content:encoded><![CDATA[<p><em>&#8220;I didn&#8217;t say it&#8217;s okay to break the law.&#8221;</em></p>
<p>Thanks for clarifying that Ted.  I guess I have a different perspective because the neighborhood where I grew up had one of these &#8220;fun&#8221; families.</p>
<p>They let all the kids drink, because &#8220;kids will drink so we might as well keep them safe.&#8221;  But the parents also let them smoke pot, do coke, have sex, etc.  All under the guise of protecting kids.</p>
<p>I give kids and parents a little more credit.  If you know your child is going to break the law, don&#8217;t help him.  Ground him, take away his car keys, but don&#8217;t simply give up and participate.</p>
<p>And one last thing, I think any utilitarian aspects could be brought up at sentencing to get a lower sentence.</p>
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		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7676</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 14:32:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7676</guid>

					<description><![CDATA[I didn&#039;t say it&#039;s okay to break the law.  I questioned the decision that this particular violation merited an 800% increase in penalty, or the devotion of scarce societal resources to disrupt this particular family for this particular crime.  The utility of the law itself is yet another question.
]]></description>
			<content:encoded><![CDATA[<p>I didn&#8217;t say it&#8217;s okay to break the law.  I questioned the decision that this particular violation merited an 800% increase in penalty, or the devotion of scarce societal resources to disrupt this particular family for this particular crime.  The utility of the law itself is yet another question.</p>
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		<title>
		By: Ima Fish		</title>
		<link>https://www.overlawyered.com/2007/06/june-11-roundup/comment-page-1/#comment-7675</link>

		<dc:creator><![CDATA[Ima Fish]]></dc:creator>
		<pubDate>Mon, 11 Jun 2007 14:19:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4994#comment-7675</guid>

					<description><![CDATA[&lt;em&gt;&quot;Yeah, *that* makes sense...&quot;&lt;/em&gt;

You seem to have a utilitarian view of criminal law, i.e., it&#039;s OK to break the law if there is a possible benefit to people.  So if I rob a bank to feed the poor, it&#039;s OK?  I&#039;m just trying to figure out where you draw the line.

The other part of your argument is that if people are going to commit a crime, it&#039;s OK to help them do it safely.  So if your kids are out committing armed home invasions, it&#039;s OK if you help them commit unarmed B &amp; Es instead.

The last part of your argument is most disturbing.  Your entire argument is based on the premise the kids never follow the law so you might as well give up and join in.  There&#039;s no reason for me to respond to that.
]]></description>
			<content:encoded><![CDATA[<p><em>&#8220;Yeah, *that* makes sense&#8230;&#8221;</em></p>
<p>You seem to have a utilitarian view of criminal law, i.e., it&#8217;s OK to break the law if there is a possible benefit to people.  So if I rob a bank to feed the poor, it&#8217;s OK?  I&#8217;m just trying to figure out where you draw the line.</p>
<p>The other part of your argument is that if people are going to commit a crime, it&#8217;s OK to help them do it safely.  So if your kids are out committing armed home invasions, it&#8217;s OK if you help them commit unarmed B &#038; Es instead.</p>
<p>The last part of your argument is most disturbing.  Your entire argument is based on the premise the kids never follow the law so you might as well give up and join in.  There&#8217;s no reason for me to respond to that.</p>
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