Was the judge fair or unfair in this unusual court case? What do you think?

Question

Woman gets two years in jail for throwing "McMissle" at car

Jessica Hall, 25, is sitting in jail for throwing a large McDonald's cup filled with ice into another car. Hall, a mother of three young children whose husband is serving his third tour in Iraq, says: "We didn't think it would go this far. Two years! What did I do?" Nobody was injured in the "McMissle" incident.


http://www.washingtonpost.com/wp-dyn/content/article/2007/02/17/AR2007021701560.html

Answer 1

This is one of the stupidest things to go to court. The sentence is harsh and idiotic. She seriously needs to go to the court of appeals because this is ****** up. A small fine or community service is a better sentence, the judge is seriously on weed or something.

Answer 2

I agree that the severity and the sentence does not seem to match up in this case. I wonder what type of charge would have been given if in fact they were cut off. Would that also be an indication of road rage? I agree that all of the other information has no relevance ( pregnant,husband in Military) She did throw an object even if it was a glass of ice. Who and when did they come up with the sentence structure? Is this a 2 yr min or max sentence? What was the criterior of the jury members that were selected?. Was she acutally judge by her peers? But it is possible the Judge could rule time served. Whats next?

Answer 3

No this was not a fair sentence. I have seen cases where a spouse beats his wife constantly, throws things at her, controls her mentally and physically and he gets community service and has to go anger management for six weeks. HUH? I have been cut off in traffic numerous times. I am more upset when my kids are in the car and I probably would have reacted the same way. Now the case with her being an army wife or her husband being deployed, Being an army spouse/ soldier my self you just dont know what we go through when a spouse is deployed or better yet what was going on in her head at that moment. when you are the only one trying to do everything you have alot of stress on you and by no means does this excuse the fact that she threw the cup but this is very harsh. So when you all say that the fact that her husband is in Iraq has nothing to do with it, it does......

Answer 4

I think the judge was horribly UNFAIR...for more than one reason. First, the punishment just doesn't fit the crime, you can't punish someone for what "might have happened" only what did happen. Yes, she "could have" caused an accident, but she didn't and that brings me to my second point...was the person driving the car that cut her off "twice" arrested, tried, convicted, and also given two years in jail? Lets face it, that person was "launching a pretty big missile" themselves (a car). In fact, I would think that a moving vehicle that is repeatedly cutting off other drivers would be posing at least as much of a threat to the safety of others as a cup of ice, if not a heck of a lot more of a threat. In fact, I can think of numerous incidents in the news about reckless, irresponsible drivers causing accidents, but I have yet to hear about a cup of ice causing an accident.
I know that ANY act of road rage is wrong and needs to be dealt with (I live in Boston with the worst drivers in the country according to some report), but maybe picking up trash on the side of that highway would have been a better choice, or a hefty fine for littering. As far as the person who received the cup of ice, maybe they will learn their driving has consequences too and realize their own behavior also "could have" led to disaster on the highway.

Answer 5

While two years seems to be a little excessive, the law - in this case - is very clear. Regardless of whether any one was hurt or not, the woman broke the law. And she did so in a state of road rage. This must be considered completely unacceptable...as many people are injured and killed as a result of road rage in the United States every year. As hot as it must have been, as frustrated as she must have become, to throw something into another car is irresponsible and reckless.

And the media's description of her being an army wife and about to enter nursing school has NOTHING to do with the case. As a mother, and having a pregnant sister in her car, this woman showed that she clearly has anger issues and showed very bad judgement. I think the fine would be sufficient, and the time she has already served sufficient. But her insistence that this is ridiculous garners her no sympathy from me. I have been frustrated with traffic in the past, but have NEVER gone to the extremes of throwing something inside another person's car! And tell me that she has never cut anyone else off in her lifetime...give me a break!

Answer 6

No doubt the judge was following sentencing guide-lines for the state. I remember back in 1977 my friend and I were throwing snowballs at each other, and his went past me, out to the street where it went through the half-open window of a cop car, hit the cop in the face and caused him to wreck his cruiser. My friend was charged with (get this) "launching a missile at a police officer" My friend was given probation and ordered to pay an $800.00 fine. The legal system has been changing the common definitions of words and phrases for years in order to rob the Citizenry of not only true Constitutional law, but fill up the states "fines and costs revenue" slush funds to make sure our judges and politicians have nice retirement nest eggs. Remember the Freeman siege in Montana in 1995? Did you notice how a ranch was magically transformed in the media(co-conspirators) from being a ranch to being a "compound"? Think about it. It all makes sense especially when maverick lawyers are exposing this criminal syndicalism all across the land.

Answer 7

Seems unfair, but she did lose her cool and commit a felony in the state of North Carolina. What's missing is any past history of crimes committed by Ms. Hall, that might shed some light on why her sentence is so severe. By the way: the fact that her husband is serving in Iraq has nothing to do with her actions.

Answer 8

There is likely more to this case than what is being reported. Maybe she has a criminal history, and this is not the first incident that took her in front of the court. Without all the facts, it is hard to say whether this is "fair" or not.

But, even if this is her first brush with the law, if the sentance falls within the guidelines set by the legislature, then it is a fair sentance.

Answer 9

According to your link, the judge can reduce the sentence. As a matter of principle, it's fair. Under the facts of this case, it's applied in an unfair manner. The jury did what it had to do under the law. Hopefully, the judge will reduce the sentence. The law she was convicted under was not written to cover all circumstance and it could have been a dangerous object.

Answer 10

Obviously, she broke the law and should be punished.

If she has no record (or a slim one) I find this very excessive. Especially with the mitigating factors. I have heard of repeat wife beaters getting off easier than her and thats when they left scars.

I would've figured probation or a conditional discharge upon the completion of anger management and road rage courses, but I am not a judge or jury.

Answer 11

I think they should do more ppl this way. It sends a good message. She could have caused the person to wreck not to mention kill others. I think she deserves what she gets! Its just like attacking someone. Her having kids and her husband in iraq should have nothing to do with this. This could keep others from throwing stuff and causing more deaths. It's time to lay down the law on these nutcases terrorizing innocent ppl!