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Sent a Man to Prison for 20 Years

Discussion in 'BBS Hangout' started by JuanValdez, Apr 11, 2006.

?

If you read the whole post, was the sentencing right or not?

  1. Spot on

    50 vote(s)
    56.8%
  2. Too light

    27 vote(s)
    30.7%
  3. Too heavy

    5 vote(s)
    5.7%
  4. You can't really expect me to read all that

    6 vote(s)
    6.8%
  1. MadMax

    MadMax Member

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    actually, Harris County juries i've seen have been pretty good, with a few exceptions. we had a jury on a case once where everyone had a college degree, and the majority had done post-grad work. there was a young lawyer and a NASA scientist on the jury.
     
  2. Cohen

    Cohen Member

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    I'm glad we have prosecutors like you.




    That said, JuanValdez, I voted light but would readily admit that I did not sit in the courtroom or jury room with ya'll. Sounds like ya'll did a good job.
     
  3. JuanValdez

    JuanValdez Member

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    I don't blame them. Our group wasn't too too bad. We had one guy who'd make me cringe whenever he opened his mouth. The fact that the woman in our group was so passive-aggressive about her position and not willing to discuss her beliefs didn't elevate my estimation of her, to say the least. And we had one guy that reminded me of the pip-squeek in 12 Angry Men. The youngest guy in our group somehow came out as our real de facto foreman; he was a pretty bright kid (kid :( he was 27). And then, of course, there was me. Otherwise, the group wasn't notable one way or the other.
     
  4. Saint Louis

    Saint Louis Member

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    A jury of his peers deliberated on the sentincing and came to a collective decision. Spot on.
     
  5. ArtV

    ArtV Member

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    Since a deadly weapon was not used, don't most serve about 1/10th of the sentence = 2 years?
     
  6. mateo

    mateo Member

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    I (unfortunately) know several girls who've been raped, and on behalf of them, WHAT THE **** IS WRONG WITH YOU???. I wouldn't go as low as to hope that someone rapes you sometime, but I'm pretty sure one of them would suggest that if I was callous enough to point out your ignorant post to them.

    And as a father of newborn daughter, I am just plain sickened that you could say the first part of your post.
     
    #46 mateo, Apr 11, 2006
    Last edited: Apr 11, 2006
  7. jlaw718

    jlaw718 Member

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    I really appreciate the kind words, but I'm just doing my job.

    At the end of the day, we're all just 'folks'. And sometimes there are some really bad people in this world that do some really bad things and they need to be punished. And that's why we have different 'ranges' of punishment -- because the circumstances are different in every case. So there are contingencies for that.

    And I don't take the responsibility of prosecuting someone lightly, or treat it in a flippant manner, because, again, we're talking about taking away a person's liberty.

    And I know most of you guys would handle it the same way.
     
  8. JuanValdez

    JuanValdez Member

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    No, in sexual assualt of a minor under 14, he must serve at least one half. It says so in the charge we signed. I don't know how many other crimes that applies to, but definitely does apply in the case I heard.
     
  9. Deckard

    Deckard Blade Runner
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    JV, this was the basis for conviction?

    When the State rested, apparently some of the jurors were not ready to convict. It was, after all, a he-said/she-said deal. The girl had actually given good testimony -- she had me convinced -- but she was essentially the only witness. But, the defendant chose to testify in his own defense and he hanged himself (so to speak). He decided apparently to go off the cuff while being cross-examined by the prosecutor. After the trial, the defense lawyer told us that was the first time he heard that version of the story, which isn't a good thing. He told the prosecutor that the girl had come to Houston to visit his daughter. But, his daughter lived in Ganado with the man's mother at that time. His daughter was 8 years older than the girl too. He eventually said his daughter was staying with his ex-wife who also lived in Houston and that when they couldn't find the daughter, the girl and her mother ended up staying at his place.


    So this allegedly (if you convicted him, then the "allegedly" should be left out, I suppose, but I'm using it for discussion) happened 11 years ago, and the conviction was based on the 19 year old woman's testimony. The woman decides she brave enough to bring charges against the man, now that she's an adult. The man is unattractive and old. (58... can't wait until you're in your mid-50s, JV... then you'll know how young that can be! ;) ) He's something of a loner, so he didn't have a lot of character witnesses. According to your post, the conviction was based on the fact that he got the circumstances of a visit wrong, a visit by people he never denied knowing, and had allegedly helped out.

    The incident brought out during sentencing had no bearing on the conviction. You said it could be considered, "if it was proved beyond reasonable doubt," in sentencing. Yet this testimony was from a case that never came to trial, from a woman allegedly r****ded, and this case was used for purposes of sentencing?

    I don't know, JV. Of course, I wasn't there, but I wouldn't be as sanguine as you about the conviction, going on what you've given us here.

    I want to add that I was a juror in a case of alleged child molestation, by a young father of small children, who lived in the apartments for married UT students in Austin with his wife. (those who live here may know the complex I'm talking about... it's by Town Lake, or used to be) That case was based on testimony from a young child, and the child's parents (based on nothing substantial), and that was pretty much all the prosecutor had. The young father was articulate and good looking. He didn't have a previous record of any deviant behavior. As a matter of fact, quite the opposite. He had several people testify in his behalf. The child was unconvincing on the stand, despite several leading questions from the prosecution, and what appeared to be prior coaching of the kid's testimony. The case simply wasn't proved. The man wasn't convicted.


    Just playing "devil's advocate," JV. These are unpleasant experiences to go through, and I don't envy anyone who has to go through it.
     
  10. Rocket River

    Rocket River Member

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    Good Behavior he is out in 8 and 1/2?

    Rocket River
     
  11. ChrisBosh

    ChrisBosh Member

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    I gotta say anyone who rapes a child or even an adult should be put in jail for life. It's completely disgusting behavior. How can you consider a person who violates others, a sane individual? I personally consider rapists, mentally insane.

    I know in this case the defendant didn’t have hard evidence against him, so I don’t really have an opinion on the case specifically. It’s one person’s word against another; however I don’t see why the girl would want to falsely accuse the man. In my culture just being in a situation of being accused of rape would have probably cut me off from my whole family.
     
  12. AMS

    AMS Member

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    agreed.
     
  13. astrosrule

    astrosrule Member

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    so you think that rape is the same as murder?
     
  14. astrosrule

    astrosrule Member

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    my point is that to say that a rapist should get the same treatment as a murdered is rediculous
     
  15. AMS

    AMS Member

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    nope, not the same, but just as destructive to a person, their family, and their loved ones.
     
  16. astrosrule

    astrosrule Member

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    i wouldnt go as far as saying that it is JUST as destructive....
     
  17. Rocket River

    Rocket River Member

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    you can survive rape
    you can move on with your life

    Murder. . . no matter what . .. you still dead

    Rocket River
     
  18. KingCheetah

    KingCheetah Atomic Playboy
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    Juan V you deliberated with your peers on the jury and came to a fair conclusion for a crime that had haunted that girl for the majority of her life.

    You made a good decision ~ sleep well knowing you did the right thing.
     
  19. Sishir Chang

    Sishir Chang Member

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    JV;

    That sounded like a tough case. Given your ruling that he was guilty I think 20 years was right. From what you told me I'm not sure I would've made that same ruling but I wasn't there so I didn't hear the case.
     
  20. AMS

    AMS Member

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    in my opinion it is just as destructive...
     

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