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Old 04-18-2017, 11:01 PM
 
607 posts, read 400,067 times
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I have never been one who believed in the death penalty until I read the statistics on how many murders are being released from prison. Recently in Baltimore we had a judge who was sentenced to 20 years in prison for a violent crime. He was released after 2 years and killed his GF upon his release. The press had a field day with it but were quick to defend the judge. I believe judges need to be held accountable just like every one else. What it prompted me to do was look up the difference between a given sentence and the actual time one served in prison. I did evaluations for the courts for many years which included making recommendations for sentencing but I never knew this. The average time a person spends in prison for murder is 71 months. For rape it is 39 months. I looked up three different sources for this information and they all pretty much agreed. I thought this was ridicules. With the death penalty I would raise the standard to irrefutable scientific evidence like DNA, fingerprints or at least 2 witnesses. I would give one appeal and have the execution within 2 years. I would used in in cases where the murder is unusual i.e. deliberate killing of a child, multiple murders, where torture or rape occurs in conjunction with the murder etc. Now I am not surprised by the high numbers of murder in Maryland. The murderers are mostly on the street.
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Old 04-19-2017, 09:46 AM
 
Location: the future
1,751 posts, read 3,273,756 times
Reputation: 759
Default boredatwork

Quote:
Originally Posted by debold4215 View Post
I have never been one who believed in the death penalty until I read the statistics on how many murders are being released from prison. Recently in Baltimore we had a judge who was sentenced to 20 years in prison for a violent crime. He was released after 2 years and killed his GF upon his release. The press had a field day with it but were quick to defend the judge. I believe judges need to be held accountable just like every one else. What it prompted me to do was look up the difference between a given sentence and the actual time one served in prison. I did evaluations for the courts for many years which included making recommendations for sentencing but I never knew this. The average time a person spends in prison for murder is 71 months. For rape it is 39 months. I looked up three different sources for this information and they all pretty much agreed. I thought this was ridicules. With the death penalty I would raise the standard to irrefutable scientific evidence like DNA, fingerprints or at least 2 witnesses. I would give one appeal and have the execution within 2 years. I would used in in cases where the murder is unusual i.e. deliberate killing of a child, multiple murders, where torture or rape occurs in conjunction with the murder etc. Now I am not surprised by the high numbers of murder in Maryland. The murderers are mostly on the street.
Well I figured this out just by reading the Baltimore Sun. Everybody gets time served and be out in 2 weeks for a homicide.
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Old 04-19-2017, 03:51 PM
 
309 posts, read 569,851 times
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Places were the crime rate is high in Maryland (Baltimore City, Prince George's County), offenders' cases (all crimes, not just murder) have a much higher rate of being dropped. If they are found guilty and are sentenced, the prison time is substantially lower than other counties.


My guess for this is because of overcrowding and politics.
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Old 04-22-2017, 06:10 AM
 
33,316 posts, read 14,541,521 times
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Quote:
Originally Posted by debold4215 View Post
I have never been one who believed in the death penalty until I read the statistics on how many murders are being released from prison. Recently in Baltimore we had a judge who was sentenced to 20 years in prison for a violent crime. He was released after 2 years and killed his GF upon his release. The press had a field day with it but were quick to defend the judge. I believe judges need to be held accountable just like every one else. What it prompted me to do was look up the difference between a given sentence and the actual time one served in prison. I did evaluations for the courts for many years which included making recommendations for sentencing but I never knew this. The average time a person spends in prison for murder is 71 months. For rape it is 39 months. I looked up three different sources for this information and they all pretty much agreed. I thought this was ridicules. With the death penalty I would raise the standard to irrefutable scientific evidence like DNA, fingerprints or at least 2 witnesses. I would give one appeal and have the execution within 2 years. I would used in in cases where the murder is unusual i.e. deliberate killing of a child, multiple murders, where torture or rape occurs in conjunction with the murder etc. Now I am not surprised by the high numbers of murder in Maryland. The murderers are mostly on the street.
Even though the death penalty was on the books, it is RARELY (if ever) used anymore due to the liberals who have taken over the political control of the state.

"Maryland's legislature passed a death penalty repeal bill in March, 2013. The bill was signed by Governor Martin O'Malley on May 2, 2013."


Since the United States Supreme Court's Gregg v. Georgia decision in 1976, a total of five individuals convicted of murder have been executed by the state of Maryland. All were executed by lethal injection. # Name Date of Execution Victim(s) Under Governor 1 John Frederick Thanos May 16, 1994 Billy Winebrenner, Gregory Allen Taylor, and Melody Pistorio William Donald Schaefer 2 Flint Gregory Hunt July 2, 1997 Vincent Adolfo Parris Glendening 3 Tyrone Delano Gilliam, Jr. November 16, 1998 Christine Doerfler 4 Steven Howard Oken June 17, 2004 Dawn Marie Garvin, Patricia Hirt, and Lori Ward Robert Ehrlich 5 Wesley Eugene Baker December 5, 2005 Jane Tyson
https://en.wikipedia.org/wiki/Capita...nt_in_Maryland

I recall the case where a State trooper pulled over a car for some violation and when he walked up to the car the occupant shot and killed the trooper.

The Gov. did NOT seek the death penalty. DUh!
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Old 04-22-2017, 08:43 AM
 
Location: North Beach, MD on the Chesapeake
32,107 posts, read 39,170,046 times
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Quote:
Originally Posted by tgs_bg View Post
Places were the crime rate is high in Maryland (Baltimore City, Prince George's County), offenders' cases (all crimes, not just murder) have a much higher rate of being dropped. If they are found guilty and are sentenced, the prison time is substantially lower than other counties.


My guess for this is because of overcrowding and politics.
Wrong guess. Politics is one reason, jury nullification is alive and well in those two jurisdictions.
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Old 04-23-2017, 11:28 AM
 
309 posts, read 569,851 times
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Originally Posted by North Beach Person View Post
Wrong guess. Politics is one reason, jury nullification is alive and well in those two jurisdictions.

While that does happen, over 95% of criminal cases are settled by the judge and not the jury. A defendant has the right to a jury trial if the maximum penalty for the crime they allegedly committed exceeds a certain amount of days in prison.

But that's irrelevant when the prosecutor decides to drop an astronomical amount of cases or STETs them without the case going to trial.
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Old 04-23-2017, 02:04 PM
 
Location: Cumberland
4,558 posts, read 7,619,598 times
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Quote:
Originally Posted by tgs_bg View Post
While that does happen, over 95% of criminal cases are settled by the judge and not the jury. A defendant has the right to a jury trial if the maximum penalty for the crime they allegedly committed exceeds a certain amount of days in prison.

But that's irrelevant when the prosecutor decides to drop an astronomical amount of cases or STETs them without the case going to trial.
You are both correct. In many jurisdictions in Maryland (including mine) you have a scenario where the SA is actively discouraged from taking cases to court. The underlying cause is the same........if it is REALLY hard to get a conviction, it probably isn't worth taking the case to trial.

That underlying cause could be a lack of talent/time in the SA's office when compared to the pool of local defense attorneys, or juries that have a reputation for acquitting people regardless of the evidence put forth.

No guilty pleas or convictions means no priors on the perp's record when they cross over into high profile crimes that even bad SA offices will pursue. No priors mean lesser sentences under the guidelines. The judge has less power than people think, if they don't follow the recommendations in the guidelines, the sentences are frequently lessened on appeal.
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Old 04-23-2017, 02:19 PM
 
309 posts, read 569,851 times
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Quote:
Originally Posted by westsideboy View Post
You are both correct. In many jurisdictions in Maryland (including mine) you have a scenario where the SA is actively discouraged from taking cases to court. The underlying cause is the same........if it is REALLY hard to get a conviction, it probably isn't worth taking the case to trial.

That underlying cause could be a lack of talent/time in the SA's office when compared to the pool of local defense attorneys, or juries that have a reputation for acquitting people regardless of the evidence put forth.

No guilty pleas or convictions means no priors on the perp's record when they cross over into high profile crimes that even bad SA offices will pursue. No priors mean lesser sentences under the guidelines. The judge has less power than people think, if they don't follow the recommendations in the guidelines, the sentences are frequently lessened on appeal.

My experience, especially in Prince George's County has been an overwhelming case load for the state's attorneys. While other jurisdiction's courts willhear 10 to 20 defendants during a scheduled time for court, Prince George'saverages at least 60. The docket moves extremely fast, typically due to casesbeing dropped.

I also believe there is a lot of laziness involved because a state'sattorney's job performance isn't judged on how many convictions or droppedcases they have. There is nothing holding them accountable if they just decidenot to pursue a case.

While the judges here are lax and a lot of times give PBJ's, credit for timealready served or suspended sentences, a lot feel like it's a waste of time totake a case to trial. But to me it's the principal of it -- they have set a badprecedent (especially in Prince George's County) of giving extremely favorableoffers to the defendant or just blatantly not pursuing cases that it isexpected. I've had seen defense attorneys look at aggressive prosecutors funnyand say things like, "this isn't Howard County" whenever they don'toffer something favorable to the defense.

That brings up another issue, the disparity of the prosecution style and the sentencing from different jurisdictions. I've seen more people given jail time for traffic related offenses (habitual driver's driving on a suspended license) in some jurisdictions than I have seen people go jail time for criminal offenses in others. Very sad if you ask me.
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Old 04-23-2017, 02:23 PM
 
44,564 posts, read 43,103,689 times
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Louisiana, Mississippi, and Missouri have the death penalty. They will use it. St. Louis and New Orleans are very murderous cities. St. Louis,MO is the most murderous city in the nation. For thugs who do not expect to make 30, the death penalty means very little.
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Old 04-23-2017, 02:35 PM
 
Location: Cumberland
4,558 posts, read 7,619,598 times
Reputation: 2769
Quote:
Originally Posted by tgs_bg View Post
My experience, especially in Prince George's County has been an overwhelming case load for the state's attorneys. While other jurisdiction's courts willhear 10 to 20 defendants during a scheduled time for court, Prince George'saverages at least 60. The docket moves extremely fast, typically due to casesbeing dropped.

I also believe there is a lot of laziness involved because a state'sattorney's job performance isn't judged on how many convictions or droppedcases they have. There is nothing holding them accountable if they just decidenot to pursue a case.

While the judges here are lax and a lot of times give PBJ's, credit for timealready served or suspended sentences, a lot feel like it's a waste of time totake a case to trial. But to me it's the principal of it -- they have set a badprecedent (especially in Prince George's County) of giving extremely favorableoffers to the defendant or just blatantly not pursuing cases that it isexpected. I've had seen defense attorneys look at aggressive prosecutors funnyand say things like, "this isn't Howard County" whenever they don'toffer something favorable to the defense.

That brings up another issue, the disparity of the prosecution style and the sentencing from different jurisdictions. I've seen more people given jail time for traffic related offenses (habitual driver's driving on a suspended license) in some jurisdictions than I have seen people go jail time for criminal offenses in others. Very sad if you ask me.
Yup, there is the reality that if the docket moves fast, all the state employees get to go home on time. If you try cases, you may be there all night. Who wants that job?

You are correct too, once it becomes known the SA is shy about taking cases to court, or gets a reputation for losing cases, the Defense attorneys have leverage to get much better deals. Hard to break out of this pattern of behavior.
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