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Sober Thread: 3 women missing for 10 years found alive.

Discussion in 'General Discussion' started by Juice, May 7, 2013.

  1. dewercs

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    Ohio Rev. Code Ann. § 2903.01 et seq. (2002) define aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, aggravated vehicular assault, felonious assault, aggravated assault, assault and negligent assault. The law applies to a person, which includes an "unborn member of the species Homo sapiens, who is or was carried in the womb of another."
     
  2. dixiebandit69

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    This is how I feel. If he gets put in solitary, I at least hope that he's kept without privileges like phone calls, books, commissary, etc. Just a 6x8 cell with no windows. All you can see is painted concrete. He'll be in there, left alone with his thoughts, and he might have an inkling of the feeling of confinement that his victims had.

    And this is coming from a guy who has been through the correctional system.
     
  3. MoreCowbell

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    You really want to set the precedent of the state knowingly and intentionally driving a man to insanity as a matter of criminal punishment? That seems... unwise, especially coming from one who frequently tends to end up on the wrong side of the law and thus might be subject to its whims.
     
  4. dixiebandit69

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    Do you have a better suggestion? They do that all the time, just so you know.
    And for the record, I've never committed the crimes he has.
     
  5. Revengeofthenerds

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    I think the lack of real world freedoms will be enough. Solitary, general population, protected custody, whatever. Hell, give him commissary so his "luxury" can be ramen noodles and give him phone calls so he can have a reminder of what life could have been like if he hadn't fucked up so bad.

    He's still gonna have to answer to correctional officers who refer to him not by a name but by a number, for the rest of his life. He's still gonna have to watch his back, since he's a very well known sexual predator, for the rest of his life.

    I think the simple act of being in jail for the rest of his life is going to be bad enough for him. You don't really need to take it to extremes beyond that. Just the lack of basic human freedoms and dignity, is going to be extreme enough.
     
  6. Crown Royal

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    Again, prison is a sentence worse than death. PERIOD. It does not matter if he's in gen pop (which he wont be) or isolation (which he will be because he's high profile). The only thing you get to teach yourself for the rest of your life is how to not want things. You live in paranoia, filth, pain. Eating shitty food and wearing the same scratchy clothes, living in a 4' x 8' room with somebody you cant trust while dodging beatings and gang rape from a population of men who are over 40% HIV positive. Every. Single. Day. Nothing to be happy about, ever. In fact: in jail happiness isn't even permitted by other inmates and if you get caught laughing or whistling you'll probably get your head stomped. It doesn't matter the prison or the country it all sucks, and I'd rather hang myself than subject myself to such a life.
     
  7. toytoy88

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    Ariel Castro "I'm not a monster. I'm a normal human being. The sex was consensual, many times they asked me for sex."

    Fuck this guy.
     
  8. The Village Idiot

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    The sick part of it (and I've seen people during allocution say the most fucked up things) is he probably BELIEVES that.

    Hopefully, while he's being anally penetrated by a dinner tray, he'll feel that's also consensual.

    Good riddance to this fuck.
     
  9. dixiebandit69

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    Jim Goad wrote a great article that delves into the psyche of rapists here.
    Basically, it says what Village Idiot said; that most of them actually believe that their victims wanted it.
     
  10. RCGT

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    So, is there a legal reason they have to say "life + 1,000 years, no parole"?

    I'm pretty sure that's the same thing as life without parole...
     
  11. toytoy88

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    I imagine it's sort of a fail/safe. If, somehow, his life without parole convictions get appealed and thrown out, they still have him on other counts for 1000 years.
     
  12. scotchcrotch

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    I'm pretty sure it's symbolic, adding "years" for each charge. Unless they plan on incarcerating his corpse after a couple decades.

    He made a statement after the sentencing blaming everyone but himself. He isn't a bad person, just "sick". A complete lack of both empathy and responsibility for his actions.
     
  13. Pink Candy

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    I'm no law scholar, but this is my understanding.

    The life without was for the aggravated murder of the fetus the victim miscarried. The thousand years were for the multiple felonies that stemmed from the abduction (kidnapping, rape, assault, god knows what else).

    Let's say someone down the line is all "Agg murder doesn't include a fetus, even if he victim was forcefully miscarried. Let's vacate the LWOP." Without the thousand years to serve on top of that, he'd be set free.

    The only reason I know this is because of a murder case the boyfriend tried last year. The fucker was given life plus 45 years. I asked why. He said the murder was one charge that garnered life, but the other charges (agg assault, kidnapping) were on top of the life sentence. So, in thirty years, when he comes up for parole, he'd have to be granted parole for both the life sentence and the 45 year sentence.

    I don't get the actual law reasoning behind it, I just know how it's put into practice.
     
  14. The Village Idiot

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    There are many reasons (and Pink Candy mentioned one of the big ones - sentence vacation).

    Here's generally how it works. Prosecutors are required by the Constitution to bring all charges from the same transaction/set of facts at one time. Thus, you often see multiple charges during a trial. You will also see lesser included offenses (which become merged into the highest degree of crime for which the defendant is found guilty - for instance, you're charged with Murder One and Murder Two for the same killing. Jury comes back 'guilty' on Murder One, you're sentenced, you are not separately sentenced for the lesser included (Murder Two). Now, let's say you shot the person and you were a convicted person barred from owning or possessing a gun. This is a distinctly separate offense from the Murder One (and it's lesser includeds). If you are found guilty of this offense as well, you will be sentenced separately for that offense. So in my hypothetical, you are guilty of Murder One (with merger of lesser included) and Possession of a Firearm.

    Depending on the state, you will be sentenced either consecutively or concurrently.

    Also, depending on the state, 'Life without Parole' may not actually mean your natural life. It may mean 30 years, it may mean 'until you reach age 75' or other things. Each state is different.

    So let's say the judge sentences you concurrently for the two convictions. You get 30 years for the Murder, and 5 years for the Firearm charge.

    Fast forward 25 years, you're up for parole. The parole board grants it on the Murder One, you're out. You've served your 5 on the other charge.

    Now let's say the judge sentences you consecutively for your convictions. Fast forward 25 years, you're up for parole. The parole board grants it on Murder One - but NOW they have to also grant it on the Firearm charge, because you're starting that sentence NOW.

    My guess, without bothering to look up Ohio law as I have no desire to do so, is that 'Life without Parole' in Ohio may mean something different than your natural life, and by tacking on the 1,000 years (and in this case, concurrent or consecutive makes no practical difference) the board would also have to parole the offender on all remaining convictions as well. Also, sentencing is very tricky (ask me, I used to write memos to a judge recommending sentences) and you have to legally justify each sentence for each conviction and why they are consecutive or concurrent. It is easy to make a mistake which may necessitate a new sentencing hearing (you wouldn't get a new trial altogether based on a sentencing mistake) but assuming there was only one charge, you might be entitled to bail pending the hearing.

    That's a very long winded way of saying 'the sentence is to make sure this fuck never sees the light of day barring an overturn on appeal on the merits.'
     
  15. Noland

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    It's because Ohio doesn't have a statute that says this:

    That same punishment applies to First Degree Murder as well. (Unless you get the needle.) Louisiana, along with Pennsylvania (I think), are the only states that have statutes like this.
     
  16. Revengeofthenerds

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    I'm actually surprised/disappointed that this case hasn't brought up a stronger backing for mental healthcare.
     
  17. MoreCowbell

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    Rightly or wrongly, the populace at large wants to maintain the belief that some people are "just evil."
     
  18. PIMPTRESS

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  19. Juice

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    Interesting question... if a woman gets pregnant via rape and has the child, does the father still have legal rights to the child? (assuming she hadnt filed for sole custody in court?)
     
  20. PIMPTRESS

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