Moral human behavior optimizes the survival and nourishment of the human species. . .
Immoral behavior is a threat to all mankind.

I pledge allegiance to the flag of the united states of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all!

Sunday, July 29, 2007

Uniformity needed for sentencing

There has been an unfairness perpetrated in the judicial system for ages. And it involves prosecutions and penalties.

Sentencing discretion has been given to judges in some cases, in others they have no choice. Jury cases can determine whether a person should be charged or not and this is one of the foundations that make this country strong. What really leaves this justice system vulnerable to criticism is that sentences are imposed in a seemingly haphazard way. There actually is no uniform method to determine how much time a person is given for a given crime except how the judge feels that day.

A sentence for murder will be different for similar cases in different courtrooms, whether those courtrooms are in the same courthouse or in different states.

I don’t understand this disparity. It seems to me that there is a lot of room for prejudice. Take the case of kids left in hot cars.

I read this story recently and it just boiled me over, for two reasons.

In Manassas, VA, Kevin Kelly, left his 21-month-old daughter in his van for seven hours. She was found dead by a neighbor.

In Detroit, MI, Tara Maynor, left her two kids in a car for four hours, they were both found dead.

Now let me take a moment to comment on how this particular story was reported. The reporter, Allen G. Breed, Associated Press, wrote the opening paragraph like this: “Kevin Kelly is a law-abiding citizen who, much distracted, left his beloved 21-month-old daughter in a sweltering van for seven hours.”

Mr. Breed reported on Tara Maynor’s situation like this: “Tara Maynor was sentenced to 12½ to 60 years in prison on two counts of second-degree murder after leaving her two children in a car for four hours outside a suburban Detroit beauty parlor while she got a massage and hairdo. She told police she was "too stupid to know they would die."

Does anyone see the bias in these paragraphs? Let me fill you in on another fact that you cannot see without a picture of these two, although you can probably tell already by just how Allen wrote these words. Kevin is white. Tara is black. Now the bias should be very clear.

Think about it, how many times do you see a story about someone who left their child in a van on a hot day described as “law-abiding” and “much-distracted”? It seems to me that Allen has already made up his mind and is certainly trying to convince us that it was a simple “accident” that his “beloved” daughter roasted in that van. He is actually trying to make the reading public feel sorry for him.

As far as Tara’s story, Mr. Breed just coldly reports the facts, as he should in “every case”.

Do you see a difference in reporting styles here? Mr. Breed, reporting such a heinous, unforgiving act has no room for your biases.

I cannot believe this person is allowed to report any human interest story. He should be put out to pasture.

These two cases help to illustrate the disparity in our justice system.

Kevin Kelly was spared a lengthy term in prison.

Why?

It is obvious that these children depended on these parents for their welfare. It is also obvious that these parents failed these children in the worst possible way.

Why did Tara get 12 ½ to 60 years and Kevin did not? Is it because she is black? Is it because he is white? Is it because she is a woman? Is it because he is a man? The acts were exactly the same, the result was exactly the same.

These questions need to be answered.

How can anyone believe there is “fairness” or “justice” in our court system when no one gets treated the same. Equality is one of the cornerstones of our country. How can this situation continue?

And I hasn’t even hit upon the fact that those people who can afford to pay high priced lawyers get more justice than those who have to rely on public defenders.

No comments:

There is no wealth like knowledge and no poverty like ignorance. -Ali ibn Abi Talib

Transgressions that are tolerated today will become common place tomorrow. -Greg W

"If you are thinking a year ahead, sow a seed. If you are thinking ten years ahead, plant a tree. If you are thinking one hundred years ahead, educate the people."
Chinese Proverb