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Old 02-24-2013, 02:21 PM
 
2,129 posts, read 3,553,470 times
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Quote:
Originally Posted by Komeht View Post
we absolutely know 12 jurors agreed on the conviction on the criminally negligent homicide, the acquittal on the FSRA and the sentencing (such at it was). Unanimity was required in each case.
Doesn't mean they all thought the decisions were right. Unlikely they did. Just means some went along with what they might not agree with in order to have verdicts.

Don in Austin

 
Old 02-24-2013, 02:21 PM
 
Location: Austin, TX
16,787 posts, read 48,835,400 times
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Quote:
Originally Posted by verybadgnome View Post
"A productive member of society" who by her own bad decisions killed another "productive member of society."

So I guess manslaughter should not be an offense punishable by prison time if the offender has a good job?

And by not punishing her are you not saying this is not a serious offense so if anyone else finds themselves in a similar situation don't worry about the consequences? Are you not then condoning bad behavior?

This sentence handed out in this case is due to two factors. One was the good defense and the poor prosecution. The other is mostly likely a contingent of the jury that felt sorry for the defendant, not because she was innocent, but rather for the fact that many of them have driven drunk and luckily had gotten away with it; that they could see themselves in her shoes and that somehow the victim had been asking for it or is was just "her time;" that a society that loves alcohol and is dependent on the automobile will have these unfortunate "accidents" from time to time. Its a miserable, unfair rationalization but I believe it to be true based on how misplaced peoples' sympathies can be, and how they don't want to have to explain their own bad behavior in relation to Nestande's.

She is being punished, with a felony record and 10 years of probation, it could have been less. I'm sure that what she has gone through has been harrowing, it does send a message to the public that this kind of behavior is not acceptable. I just don't think we need a pound of flesh on top of it. I am certain that this was an accident, people have accidents all the time, sometimes fatal ones. No doubt she used poor judgement after the accident, she panicked, people do that, it does not make them evil. Our prisons are already overcrowded and expensive to operate. I see little benefit to society coming from putting everyone in prison who uses poor judgement and panics at some time in their lives.
 
Old 02-24-2013, 02:30 PM
 
2,129 posts, read 3,553,470 times
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Quote:
Originally Posted by CptnRn View Post
She is being punished, with a felony record and 10 years of probation, it could have been less. I'm sure that what she has gone through has been harrowing, it does send a message to the public that this kind of behavior is not acceptable. I just don't think we need a pound of flesh on top of it.
Murder and not a night in jail!

What the Griffins are going through is far more than harrowing. What Gabrielle has gone through is far less than she deserves.

And the message is "Leave the scene, lie and trust that your daddy can buy the most high power lawyers in the state and get off with probation for murder." He will sympathize because he has done very similar.

There are harsher penalties imposed for drug possession or theft.

Don
 
Old 02-24-2013, 02:33 PM
 
249 posts, read 489,940 times
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Quote:
Originally Posted by llkltk View Post
What a complete disgrace! I guess if you hit someone and drive away, you will get off with a slap on the wrist. This is so disgusting.

Jury recommends 10 years probation for Nestande | www.statesman.com

Let the civil suit begin!
So if I were to, say, get drunk, fire a few shots at my TV set and go to sleep, only to wake up the next day to find that I had accidentally hit and killed a neighbor (but couldn't remember it), how much time would I serve?

Qualitatively, the results are the same, so presumably the penalty should be the same.
 
Old 02-24-2013, 02:41 PM
 
Location: Austin, TX
16,787 posts, read 48,835,400 times
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Quote:
Originally Posted by Don in Austin View Post
Murder and not a night in jail!

What the Griffins are going through is far more than harrowing. What Gabrielle has gone through is far less than she deserves.

And the message is "Leave the scene, lie and trust that your daddy can buy the most high power lawyers in the state and get off with probation for murder." He will sympathize because he has done very similar.

There are harsher penalties imposed for drug possession or theft.

Don
She was found guilty of criminally negligent homicide, which is not at all the same thing as murder.

Nestande found guilty of criminally negligent homicide | www.statesman.com

Nastande was arrested and did spend some time in jail, I'm not sure how long.

Gabrielle Nestande, OC GOP Heavyweight's Daughter, Has Powerful Legal Foe in Death Case - Orange County - News - Navel Gazing

Quote:
Authorities caught up with her at work. During questioning, she is said to have admitted being the driver, having been involved in an accident but not knowing what to do. She then declined to speak further without first consulting a lawyer. She was arrested and held in jail before making her $35,000 bail. The Travis grand jury later indicted Nestande on the failure to stop and render aid charge.
 
Old 02-24-2013, 02:51 PM
 
5,238 posts, read 7,952,524 times
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Quote:
Originally Posted by mimimomx3 View Post
I do wonder what would have happened if the perpetrator hadn't been rich, white, and well connected.
The person would be seeing some jail time for sure. Rich and well connected are the most important two of the three these days.

If this person killed someone you knew maybe you wouldn't feel so liberal with your judgement of probation being an appropriate punishment for the crime.

To leave someone there knowing you caused them extreme injury says much about this individuals character. Her thoughts were only for herself.

Oh, what this says about individual responsibility. She would have gotten a more severe sentence for having a few cannabis plants in her house. Rich and well connected trumps justice every time.
 
Old 02-24-2013, 02:52 PM
 
2,129 posts, read 3,553,470 times
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Quote:
Originally Posted by CptnRn View Post
She was found guilty of criminally negligent homicide, which is not at all the same thing as murder.
Technically and legally you are correct because, even though she admitted to drinking, she was not convicted of DWI. In actual fact she did, indeed, commit murder according to this definition from dictionary.com "..... or occurring during the commission of another serious crime." that serious crime being DWI.

Nastande was arrested and did spend some time in jail, I'm not sure how long.

Yes she was in jail. It is my understanding she never spent a night in jail. If she was not bailed out immediately I stand corrected.

You can let your heart bleed for this poor little rich girl, I feel for the Griffins.

Don in Austin
 
Old 02-24-2013, 03:02 PM
 
Location: Austin, TX
16,787 posts, read 48,835,400 times
Reputation: 9477
Quote:
Originally Posted by Don in Austin View Post
Technically and legally you are correct because, even though she admitted to drinking, she was not convicted of DWI. In actual fact she did, indeed, commit murder according to this definition from dictionary.com "..... or occurring during the commission of another serious crime." that serious crime being DWI.



Nastande was arrested and did spend some time in jail, I'm not sure how long.



Yes she was in jail. It is my understanding she never spent a night in jail. If she was not bailed out immediately I stand corrected.

You can let your heart bleed for this poor little rich girl, I feel for the Griffins.

Don in Austin
You need to look at how the law defines crime, not Dictionary.com, it has no jurisdiction here.

Who says my heart is bleeding for anyone? I just don't see how society has anything worthwhile to gain from jail time for this except a bigger bill for the taxpayers to pay for putting more people in prison.
 
Old 02-24-2013, 03:24 PM
 
Location: Austin, TX
1,283 posts, read 2,725,227 times
Reputation: 1040
I may be wrong; but, in this type of criminal case, all the jury does is decide and deliberate on what charges the defendant is guilty of. The judge is the decision-maker in the punitive phase of the case.
 
Old 02-24-2013, 03:31 PM
 
Location: Austin, TX
16,787 posts, read 48,835,400 times
Reputation: 9477
Quote:
Originally Posted by ImOnFiya View Post
I may be wrong; but, in this type of criminal case, all the jury does is decide and deliberate on what charges the defendant is guilty of. The judge is the decision-maker in the punitive phase of the case.
Jury hands Nestande 10 years probation, $10K fine - YNN - Your News Now

Quote:
Gabrielle Nestande was handed 10 years probation and a $10,000 fine by a jury Friday after about four hours of deliberation in the punishment phase of her nine-day manslaughter trial.

There will be a pre-sentencing investigation hearing on March 25. At that time, Judge Sage could tack on up to 180 days in jail to Nestande’s sentence. It is unclear at this time if she will serve her probation in Texas or her home state of California, where she has been residing since Griffin's death.
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