is this sentence fair?

Question

ok i know a guy who is 3 months from his 21st birthday one of his friends who was 21 bought him some beer (2---40oz to be exact) they ended up getting caught and the guy who bought the beer got 1year in jail for it. i personaly think thats a bit harsh i could understand if the kid was 14 but these 2 guys are close to the same age and have hung out and known each other since they were born

Answer 1

It's called contributing to the delinquency of a minor, and since when is the law fair?

Answer 2

There is something more to this story. No way that he got a year in jail simply for buying his friend beer. Either he had an extensive history of this or other crimes, was on probation or bail, or what he really got was sentence of a year in jail all suspended but may a day or two and probation.

That same violation in my state, providing there are no extenuating circumstance (criminal history, injury resulting from it etc) A person would be no jail time for a first offense (other than maybe a couple hours if the officer chose to arrest them, they would be be booked and make bail). What they normally do get though is a minimum mandatory $1000 fine ($500 more for each subsequent offense). This penalties were just up last year and the $1000 minimum fine really puts some teeth behind this law. Just last night we brought in a girl who had a half dozen underage kids drinking in her house. She was very upset that she was going to jail (she was booked and baild quickly) but she was way more upset when we told her it was going to cost her a minimum of a $1000, I think she will not providing alcohol to minors again real soon.

Answer 3

Was that an actual sentence? 1 year in jail? Did he have an attorney (because anytime you're threatened with "actual imprisonment" you have a right to an attorney to be appointed). Is this a "suspended" sentence, where that sentence can be applied if the guy doesn't follow the terms of his probation? Is it an "indeterminate" sentence ("up to" 1 year, but with a jailer or warden deciding when he gets out)?
Did he have a criminal history? is this the third time or more that he's done this?

Sentencing law is very particular, and this "I know a guy" stuff provides "shocking" results but not a lot of detail or backing.

Answer 4

Do you really think people are stupid enough to really believe such an asinine statement? If this 'friend' had a long string of such convictions, perhaps including providing to children, then just maybe it could happen. If it did, however, I'm sure such a sentence would be national news. If I'm wrong about you and you are telling the truth, then I'm sure you won't mind telling us the first name and last name initial of your 'friend', and the court jurisdiction where this happened. Remember that many contributers to this forum are very knowlegable and experienced in the field of law enforcement. A simple phone call to the court administrative office in question would quickly verify the truthfulness of your statement. All such information (not specific details, of course) is readily available to the public. The ball is in your court now. Have fun!

Answer 5

If this is a first offense it does seem a bit harsh, but then I'm from the UK and was brought up with a more relaxed attitude to alcohol.

If he was on probation for another offense or, indeed, if he has a history of supplying illicit alcohol/drugs to people it would make things different. Most people know the law when it comes to alcohol.

Answer 6

I think perhaps there are other factors which didn't make it into this summary. Did the friend who was 21 have a criminal background? Was he on probation? Did the guy who was three months away from being 21 drink and drive and kill or hurt someone after drinking this beer? Did your state legislature recently increase the penalty for this crime, declaring that underage drinkers are the bigggest worry for their constituents?

Answer 7

It's funny how many stories like this start with "I know this guy...". There is simply not enough infomation given to make any kind of informed decision. How were they caught? What happen in court, ect ect ect. Regardless, if someone buys liquor for someone under the age of 21 it is a crime.

Answer 8

There's probobly more to it. What was his prior criminal history? In Indiana the max for contributing to the delinquency of a minor is 30 days. Most only get probation

Answer 9

If you know what the law is, and you break it, you've chosen the consequence.

This isn't elementary school. The rules are clear.

There are ways to change the rules, but NOT after you've broken them.

Besides, "fair" is a child's concept. The adult version is "just".

Yes, we all follow the same rules and all get the same punishment, so it was "just" (or "fair" if you are attached to that term).

Answer 10

Laws are put in place for a reason. They are not to be approximate. Speed, age of consent, blah blah blah... same crap different day. He knew what he was doing was illegal and he should pay the consequences.