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Old 04-11-2008, 07:47 AM
 
210 posts, read 540,521 times
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If you're interested in learning about sentencing in NC, the NC courts web site has lots of information from the Sentencing and Policy Advisory Commission. This is the group that makes recommendations to the legislature about classifying crimes, determining punishments, etc.

NC uses guidelines-based sentencing. That means that the legislature sets up a commission, and the commission sets up guidelines to be approved by legislature. Each crime gets a particular offense class, and you combine this with criminal history, and you look it up on the grid to see what the sentence would be. The judge doesn't have a whole lot of discretion, really--the legislature sets the ranges. The ranges are also pretty tight -- for example, the range might be 201 months (16 yrs 9 mos) to 251 (almost 20 years)months for a particular crime & offense level.

There's lots more info here in the Citizen's Guide

http://www.nccourts.org/Courts/CRS/C...nguide2008.pdf

or here for all the information from the commission:
Sentencing and Policy Advisory Commission
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Old 04-11-2008, 07:59 AM
 
Location: State of Being
35,885 posts, read 67,023,037 times
Reputation: 22370
Quote:
Originally Posted by Plan R View Post
If you're interested in learning about sentencing in NC, the NC courts web site has lots of information from the Sentencing and Policy Advisory Commission. This is the group that makes recommendations to the legislature about classifying crimes, determining punishments, etc.

NC uses guidelines-based sentencing. That means that the legislature sets up a commission, and the commission sets up guidelines to be approved by legislature. Each crime gets a particular offense class, and you combine this with criminal history, and you look it up on the grid to see what the sentence would be. The judge doesn't have a whole lot of discretion, really--the legislature sets the ranges. The ranges are also pretty tight -- for example, the range might be 201 months (16 yrs 9 mos) to 251 (almost 20 years)months for a particular crime & offense level.

There's lots more info here in the Citizen's Guide

http://www.nccourts.org/Courts/CRS/C...nguide2008.pdf

or here for all the information from the commission:
Sentencing and Policy Advisory Commission
Thank you, Plan R! I keep referring to "sentencing guidelines" but no, I did not realize they required legislative approval. This puts a new slant on things as now I know that our local state reps have some control over these guidelines (their enactment).

I really appreciate your posting this info. We need to get educated as citizens . . . if the judges are following guidelines, and we feel judges are not being strict enuff, then we need to be working w/ the legislative committees and our reps to get things changed. I would think this would be a very tangled can of worms . . . and doubtless not much voice is given to individuals w/ complaints about "the system." Those complaints would have to come from judges, attorneys, city officials, and law enforcement. This is more complicated than I had first envisioned.

Last edited by brokensky; 04-11-2008 at 07:59 AM.. Reason: typo
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Old 04-11-2008, 09:40 AM
 
210 posts, read 540,521 times
Reputation: 79
Sure, you're welcome. Another important point to think about is that most criminal cases don't end up in front of judges -- not sure of the exact # in NC, but probably less than 10%. The rest are plea bargains, where the defendant pleads guilty after the district attorney and the defendant's lawyer work out the offense and sentence.

Is Plea Bargaining a Cop-Out? - TIME
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Old 04-11-2008, 09:46 AM
 
Location: State of Being
35,885 posts, read 67,023,037 times
Reputation: 22370
Quote:
Originally Posted by Plan R View Post
Sure, you're welcome. Another important point to think about is that most criminal cases don't end up in front of judges -- not sure of the exact # in NC, but probably less than 10%. The rest are plea bargains, where the defendant pleads guilty after the district attorney and the defendant's lawyer work out the offense and sentence.

Is Plea Bargaining a Cop-Out? - TIME
You are an invaluable resource in this discussion! We have had other threads mentioning sentencing guidelines. We also have discussed taking a hard look at any candidates for judge . . . and their track records or statements re: sentencing. Now I realize this is not as simple as voting for a judge.

I do think people are aware that a lot of these thugs are doing plea bargains, but that is shocking to think the majority are plea bargains. If our judicial system is that overburdened . . . no wonder we see it as a "revolving door."
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Old 04-11-2008, 12:27 PM
 
1,242 posts, read 3,662,578 times
Reputation: 199
Default anyone see the news last night

The chief said he isn't sure how long they can keep everyone they arrested..I just can not beleive this. We spend out tax dollars having the SWAt team and police officers chase down these criminals in Providence CC and then the car chase and they aren't sure it is enought to keep them. Not too many people are going to want to stay here if they let these guys out. I mean this is unheard of! The chief said just don't let yourself be a victim what the heck? I think my hsuband was going to jump through the TV and grab the guy...ha! If I am in my house with my doors locked how can I let them be a victim..they created monsters and now we all have to pay the price and hope they don't come tt our house or break into our car.

Do you most of these men were arrested two weeks ago and they let them back out that weekend??!! Just wonderful!
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Old 04-11-2008, 12:56 PM
 
1,453 posts, read 4,687,886 times
Reputation: 734
Quote:
Originally Posted by MJPost32 View Post
The chief said he isn't sure how long they can keep everyone they arrested..I just can not beleive this. We spend out tax dollars having the SWAt team and police officers chase down these criminals in Providence CC and then the car chase and they aren't sure it is enought to keep them. Not too many people are going to want to stay here if they let these guys out. I mean this is unheard of! The chief said just don't let yourself be a victim what the heck? I think my hsuband was going to jump through the TV and grab the guy...ha! If I am in my house with my doors locked how can I let them be a victim..they created monsters and now we all have to pay the price and hope they don't come tt our house or break into our car.

Do you most of these men were arrested two weeks ago and they let them back out that weekend??!! Just wonderful!

Wanna hear a good one? I forgot to get my car inspected. Just simply forgot about it. I got a letter from DMV charging me a$250.00 fine and I have only until April 30 to pay. Now, I'll admit that was dumb on my part but $250.00!!! No warning at all. I forget a car inspection and I will probably suffer more punishment than these thugs that are breaking into peoples' homes, stealing vehicles and cutting throats. They will go to court at our expense and be set free by an attorney that we pay for and will be back on the streets before I've recouped my $250.00. Something is out of whack here.
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Old 04-11-2008, 01:20 PM
 
474 posts, read 1,594,560 times
Reputation: 112
Quote:
Originally Posted by MJPost32 View Post
The chief said he isn't sure how long they can keep everyone they arrested..I just can not beleive this. We spend out tax dollars having the SWAt team and police officers chase down these criminals in Providence CC and then the car chase and they aren't sure it is enought to keep them. Not too many people are going to want to stay here if they let these guys out. I mean this is unheard of! The chief said just don't let yourself be a victim what the heck? I think my hsuband was going to jump through the TV and grab the guy...ha! If I am in my house with my doors locked how can I let them be a victim..they created monsters and now we all have to pay the price and hope they don't come tt our house or break into our car.

Do you most of these men were arrested two weeks ago and they let them back out that weekend??!! Just wonderful!

Your anger shouldn't be towards the Chief. It should be towards your State legislators that aren't adequately funding the court system, which means theren't aren't enough prosecutors, judges, or jail space. Prosecutors are forced to cut deals to move these thugs through an overburdened legal system and they're out on the streets to commit crimes again. The police are just as frustrated, if not moreso, than the citizens.
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Old 04-11-2008, 01:22 PM
 
Location: Up above the world so high!
45,270 posts, read 88,319,180 times
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Quote:
Originally Posted by BKQC View Post
Your anger shouldn't be towards the Chief. It should be towards your State legislators that aren't adequately funding the court system, which means theren't aren't enough prosecutors, judges, or jail space. Prosecutors are forced to cut deals to move these thugs through an overburdened legal system and they're out on the streets to commit crimes again. The police are just as frustrated, if not moreso, than the citizens.
THANK YOU for being the voice of reason - this is so true! Believe me, the officers I know are just as frustrated, if not more so, than the citizens.
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Old 04-11-2008, 01:28 PM
 
1,453 posts, read 4,687,886 times
Reputation: 734
I agree the Police are not at fault. I'm sure they would prefer to see the guys put away after they risked their lives to catch them. It's the system, the lawmakers, the politicians. Our priorities are screwed up.
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Old 04-11-2008, 01:33 PM
 
1,242 posts, read 3,662,578 times
Reputation: 199
Default I don't think itis the police either

i just don't like the chief and his comments. My DH says he would be so embarrassed to be an officer here. I think it has to be very hard on them.
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