I know someone who commited an ARMED robbery, and he got 6 months in the county jail. He was always in trouble. But my other friend stole someone's purse with no weapon and got 8 months to 6 years. He was in a little trouble when he was younger and this was his first charge as an adult, and got sent up state. They both had a Public Defender, and seen the same Judge. How can the court system allow this. Is this Unfair? To me I think it is perjustice and I just want to know what everyone else thinks; and is it legal for a Judge to do this?
2007-03-31 15:16:32 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
yes its legal but unethical
2007-03-31 15:33:57 · answer #1 · answered by skitz 3 · 0⤊ 0⤋
It's not entirely up to the judge.
The first set of lines is drawn by the state legislature, who sets the minimums and maximums, and any sentence enhancements. And then the prosecutor, who makes the initial sentence recommendation. The judge looks at the sentence recommendation, and the statutory requirements, and imposes sentence within those limits.
As to your two examples, without more facts there is no way to know whether it was fair or not.
You say the first person committed armed robbery. Apparently, in your state, that isn't a felony and didn't carry any significant mandatory minimum sentence. Or else the person worked out a plea bargain for a lower charge and a lower sentence.
As for your friend, his 8 months to 6 years means he's only in prison for 8 months, as opposed to 6 months for the other guy. And then on probation for the remainder after parole.
2007-03-31 15:20:43 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
it is legal for a judge to do sentence a convicted person to whatever he feels is needed and that is allowed by law.
Until you know the facts of both cases you can't make that determination. I understand you probably want to just vent but unfortunately you must look deeper before you can just say this.
Did your friend injure the woman from whom he stole the purse, did he act like he didn't care in court, was the woman very elderly and helpless?
In the other case did the person have a plea agreement? Did your friend have one? Was the other guy part of a group of robbers and he testified against the others?
There are alot of factors in play here. But lets say it was as simple as you say...do you know how many defendants the judge see everyday? Do you think he really compares all of his cases to make sure no one gets punished more than the other? Not gonna happen, sometimes judges can see 1,000's of defendants each month...many times they don't remember a repeat offender unless he is unique.
2007-03-31 15:26:41 · answer #3 · answered by Dr. Luv 5 · 1⤊ 0⤋
it doesn't matter if it's fair- it's legal. did the first friend commit armed robbery or armed burglary because those are two entirely different crimes. did the other person take the the woman's purse from her or from, say, her car when she wasn't present? there are numerous other factors that go into the judge's decision when sentencing. The first got 6 months, probably without parole. The second got eight months to six years, so he could get out much earlier depending upon his behavior. Perhaps your question should focus on why so many of your friends are stealing and committing illegal acts.
2007-03-31 15:28:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A judge can be the most unfair person as he can be when he wants and gets away with it,they have no feelings for people,it like they are a robot.
2007-03-31 15:27:10 · answer #5 · answered by Anonymous · 0⤊ 1⤋
He probably mouthed off to the judge. If you go to court, treat the judge like you would a king. He is king in his courtroom. If you think you can talk down to him, forget it. Learn to say, "yes, sir, your honor. No, sir, your honor."
-.
2007-03-31 15:22:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
a Judge can do anything that he/she pleases, depending on from which direction the wind is blowing
2007-03-31 15:21:42 · answer #7 · answered by Anonymous · 0⤊ 1⤋