Sentencing: “Felony Scratching”


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By: Shane Radliff

June 30th, 2015

Back in May, I was coerced by the threat of fine and/or incarceration, to serve on a jury. It was certainly an interesting experience, but as I explained in the first “Felony Scratching” article, it was blatantly obvious that the punishment did not fit the crime, and regardless of her previous rap sheet, the injuries to the nurse were no more severe than a minor paper cut.

 

 

As I explained in the first article, the possible charges were either a Class 3 felony (2-5 years, or 5-10 with aggravating factors), or a Class 1 felony (4-15 years). Considering her aggravated battery charge involved a nurse working in her official capacity, the defendant was at a far higher risk for an increased sentence.

As the picture clearly shows above though, she only got 4 years, which is a major surprise to me. She didn’t plea bargain out and took it all the way to a jury trial, so I figured they would throw the book at her and push for the maximum sentence.

Nonetheless, 4 years in prison is a long time, and regardless of how good of a mother she was, constantly in and out of trouble with the local police extortionists, her daughter will be without a mother for a long time; in addition to that, thanks to the felony (and her past), we can be almost positive that things won’t get better for this family—financially or stability wise.

From my Adventures in Illinois Law series, especially the jury summons, it only makes me despise the State’s monopoly on arbitration and adjudication even more. When people serve time in prison, they don’t come out the same; usually, they come out as far worse criminals than they were before they went in.

I certainly feel for the family and wish the common law principle of the punishment fitting the crime, was a standard that we still lived by (although, that is the only aspect of common law I am fond of now). I also wish that proper restitution was a priority of these criminals in robes.

Although, can we really expect any better, moral behavior from this immoral (IN)justice system?

Of course not.

It’s time to abandon the idea of ‘authority’ and re-gain the basic values and principles that make us human beings.

 

 

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