23 Dec '10 02:34>1 edit
http://sports.espn.go.com/los-angeles/mlb/news/story?id=5946234
Long story short, guy's on parole after a DUI conviction, gets stinking drunk, gets in a car, blows through a red light at 65 MPH and kills 3 people and severely injures a fourth.
Horrible guy? Sure.
Deserves to go to jail for a long time? You bet.
But I don't like the idea of giving his consecutive sentences for each murder in this case. Essentially, the judge could only give him 15 years on the homicide charge, so the judge gives him 3 consecutive 15 year terms, plus a few for good luck (maybe for maiming the 4th guy) for a total of 51 years.
Here's the question. Should a person be punished primarily on how bad the action was or primarily based on the result? Of course the result has to come into play to some extent; but is he inherently a worse or more irredeemable person because 3 people died as opposed to one.
Now, I understand that California law must allow for the consecutive sentences, but when the legislature made the maximum sentence for this crime 15 years (15 to life actually; but the minimum parole eligibility is the key here), did the legislature intend for a person to serve a minimum of 51 years based on essentially the same unlawful conduct?
This is a tough one. I'm inclined to think that this sentence is too harsh. I think 15 years (maybe 20?) is closer to what he should serve. As bad a person as he is (and as much as I'd want him dead if it were my family member who was killed), I don't think he's as bad as an intentional murderer.
Long story short, guy's on parole after a DUI conviction, gets stinking drunk, gets in a car, blows through a red light at 65 MPH and kills 3 people and severely injures a fourth.
Horrible guy? Sure.
Deserves to go to jail for a long time? You bet.
But I don't like the idea of giving his consecutive sentences for each murder in this case. Essentially, the judge could only give him 15 years on the homicide charge, so the judge gives him 3 consecutive 15 year terms, plus a few for good luck (maybe for maiming the 4th guy) for a total of 51 years.
Here's the question. Should a person be punished primarily on how bad the action was or primarily based on the result? Of course the result has to come into play to some extent; but is he inherently a worse or more irredeemable person because 3 people died as opposed to one.
Now, I understand that California law must allow for the consecutive sentences, but when the legislature made the maximum sentence for this crime 15 years (15 to life actually; but the minimum parole eligibility is the key here), did the legislature intend for a person to serve a minimum of 51 years based on essentially the same unlawful conduct?
This is a tough one. I'm inclined to think that this sentence is too harsh. I think 15 years (maybe 20?) is closer to what he should serve. As bad a person as he is (and as much as I'd want him dead if it were my family member who was killed), I don't think he's as bad as an intentional murderer.