What is wrong with our court system...........?

Question

A women here in Houston tx was charged with Capital Murder yesterday for beating her 2 month old baby boy to death. Police went to her apartment and found his decomposing body in the closet. She told poilce she was mad at the childs father so thats why she beat the child. She was of low income. Anyhow so she is being charged like she should......
BUT.......
I heard today that there is a case in Colorado of an extreamly weathy family that is just now being charged with "Child Abuse Resulting in Death". In this case the parents took their child to the emergency room where doctors descovered the child had over 48 broken bones and a masive skull fracture that resulted in death. Now 15 months later the parents are just now being charged. Not with Capital Murder (like it should be) but only with Child Abuse resulting in Death. What kinda crap is that? What is wrong with our system these days? If your rich you dont have to get the right punishment and if your poor you do. BULL SH**

Answer 1

The poor can't fight back--they don't have the resources to do it. The wealthy can hire big time attorneys who know how to use the law to the advantage of their client. That's one of the reaons.

Coming out of this is that the wealthy can use their resources to turn the tables on their accusers. So I think the law is more careful, thinking of backlash which the poor person has no capability of producing.

A third thing, I think, is a psychological one. People are often less apt to think that those who are privileged with wealth, and therefore education and every advantage are
likely to be abusive---which is of course, manifest rubbish.

A fourth thing is the modern idea of getting "help" for people who are abusive, if they are of a certain class--as if they are not responsible for their behavior, some "problem" has made them do it. I suppose it's a variation on the devil made me do it, whereas the poor person is seen more as the devil.

Justice is supposed to be blind to "respect of persons"--making distinctions based on things like wealth or popularity or position in society. But I think that history shows that justice is very often lost to "respect of persons".

The great question is whether it is the system or the fact that people abuse the system and I vote for individual responsibility to hold to the principles of right use of the law. No system is better than the people who carry it out.

Hey Ho,

Maggie

Answer 2

Remember that each state's laws are different. Colorado's version of capital punishment may not allow that to be charged as capital murder (note that Colorado has executed only 1 person, and only 2 are on death row). Capital cases take MUCH more time, costs MUCH more money, and in some states are reserved for the worst of crimes. It's not about rich or poor. And don't judge the crime by its title -- I wouldn't be surprised if "child abuse resulting in death" could get a max of life in prison.

The 15 months thing is probably a result of the ongoing investigation. When you have an admission of wrongoing (like you do in the Huston case) it's a lot easier to get going with a case. If there was no admission of abuse, but some other allegation (like the child had a massive accident, etc.) forensic tests need to be given, people need to be interviewed, evidence collected, and, perhaps, a grand jury needs to be empaneled (some states would use the grand jury for a high profile crime like this... accusing parents of killing their children is always a risky endeavor, and you don't want it to end up like the Duke Lacrosse case).

So nothing is wrong with the court system... don't prejudge the name of the crime, and realize that some states don't impose the death penalty the way that Texas does (most people would say that it's the Texas system that's broken, not the Colorado system...)

EDIT--
(To the guy above re: Paris Hilton... it's pretty universally accepted that if ANYONE ELSE broke her probation the way Paris did that she would NEVER get the same sentence--they'd get SOMETHING LESS! LA jails are overcrowded, and unless you're a felon, you're not staying in for long. This isn't about Paris, though, this question is about different states' application of the death penalty.)

Answer 3

Child abuse usually happens over a period of time before it is noticed. The degree of healing of the childs bones would indicate the abuse and the reason for it's death. In the other case the mother didn't try to get help, concealed the death. She said she beat the child causing death for a motive--she was mad at the father. There is a slight difference in the maner of death for each child and especially in the motives. Economics may have played a role in how it was handled when the deaths were discovered. Access to legal advice , competant lawyers, and money does expidite matters some.

Answer 4

First of all, your question is not valid.

You are comparing apples and oranges. The two cases have vastly different facts, occurred in different states with differing laws and jurisdictions and regardless of the parties involved, different prosecuting basis.

For example, while the woman in Houston admitted to the crime, the Denver child was taken to the hospital where there was no confession. Therefore, without such, the only evidence of a crime is the totality of the breaks and injuries.

Second, there will be a very short trial in Houston based on the confession. In Denver, although the child can be proven to be abused, what evidence exists to tell who abused the child and what evidence is there regarding WHICH injury ultimately resulted in the child's death.

you see the issues now? While one situation is clearly homicide, the other , under the particular circumstances, would be next to impossible to prove as a homicide. And then you as prosecutor have to decide what level of homicide to charge and how to prove such a case based on the totallity of the evidence.

If the cases had been exactly the same, then I would agree with you. But they are not. And comparing them shows a total lack of knowledge of the facts and the legal system.

Answer 5

I like your question and all you have to do is point to California,and Paris Hilton,and the three ring circus the country and the world saw unfold before there eyes if that did not embarrass the Los Angeles judicial system and that screwball blond than I don't know what else could.
Lets be real here okay there are different rules for different races when you go to court know matter what you are charged with.
its a fact that the rules are harsher for (Blacks&Hispanics) and if anyone says there not they are full of crape and I am talking as and African American,who has seen it up close and personal okay.
If you are White,upper middle class or rich,the laws are alot better for you as well and do not say they are not because that is just not true they are just about the same way as the clelebrities who get away with murder as well I am happy that there was finally a judge (Sauer) who had the coconuts to right a wrong with ( Hilton) because you know as well as I do we would not have gotten out of jail in three days because of a rash or medical condition and I am talking from someone (myself) who has worked in two correctional facilities in New Jersey,that applies in every state you do not get out period they have the medical facilities to take care of you right there if not they will transport you to a hospital.Its this simple (Blacks,Hispanics,poor Whites) and other people of color if you do not have the income to hire a high price lawyer going into the criminal justice system you have a big problem and these judges need to apply the law that is the law on the books these mothers and what they are doing to the most defenseless in our society the babies and young children some of them need to be thrown under the jail were there is no sun for them to see and like, this states why in the world did it take 15 months to charge the parents in the death of their child what the hell is wrong there!!
I mean if these judge and prosecutors cannot apply the law and justice in a timely manner than they need to give up there jobs as well fifteen months what were they sleeping on this or just forgot?
The laws that are on the books apply them in a timely manner and these judges need to pass sentences the same way if they can't than what is the sense in having these laws and these judges on the bench and these prosecutors,prosecuting if they can't charge someone for almost fifteen months with the death of there child,I bet they would do it quicker if it happened to someone in their family.

Answer 6

It's time for his attorney to prepare a defense. "people saw him commit the crime" Oh really? How many could pick him out of a line up? He did this in the dark, wearing a mask. None of the people who were shot at could identify this guy. Which this cinch identification you're claiming relies mostly on the police who arrested him. Are we naive enough we think cops are perfect? That no cop might ever arrest some feeble minded idiot to clear a case, rather than admit he can't catch someone? Whats pathetic is that you think trying someone based on things you've seen on tv is an adequate system of justice. Most school children are more learned in the art of having a patsy than you are. We have trials to make sure we're killing the right people. Why? Because doing it in any other way has consistently led to numerous **** ups.

Answer 7

First of all, it is up to the District Attorney's office to decide what charges to bring upon a defendant. This decision is made based upon a thorough investigation of the specifics of each case and on WHAT THE DA BELIEVES CAN BE PROVED BY THE EVIDENCE. Very frequently, not just with murder cases, but all types, people who DO similar acts are charged with different crimes because of what the statutes say are required in order to sustain a charge of that crime. For capital murder, most jurisdictions require not only evidence of premeditated, deliberate murder, with malice, but also the addition of at least one statutory aggravating circumstance. If the DA did not feel this level of crime could be met, the charges against the defendants had to be reduced accordingly.

Answer 8

The problem is, the rich can afford lawyers who can get them out of harsher punishments. The poor are appointed lawyers who work for the state and don't give a sh*t whether their clients rot in jail or not.

There are so many problems with our justice system it's sickening and the only part of being an American that I'm not proud of.

Answer 9

Money is the root of all evil, but it is also the way around the U.S. Judicial System. If you have the money to pay for a good lawyer, they will bargain or put forth evidence or documentation showing a lessor crime, or no crime at all. If you cannot afford a good lawyer, or have to rely on a public defender, you are almost as good as guilty. Public Defenders make their name by putting as many people in jail as possible, and generally (not all) have no other interests in mind. The woman in Texas obviously cannot afford an attorney and has a public defender, she will more than likely serve time.

Answer 10

You have to show intent to murder..they probably only can show the child was abused and died as result of that abuse...and was unintentional..laws would have to be changed to include severe abuse or history of abuse to be punished as murder...write your state rep. to see if they can start a bill to change the law or add to the current laws.