http://www.cnn.com/2017/07/21/us/florida-teens-drowning-man/index.html
I say punish the scumbags to the MAX.
I say punish the scumbags to the MAX.
Through the court of public opinion?http://www.cnn.com/2017/07/21/us/florida-teens-drowning-man/index.html
I say punish the scumbags to the MAX.
http://www.cnn.com/2017/07/21/us/florida-teens-drowning-man/index.html
I say punish the scumbags to the MAX.
Punish them for what? They broke no actual law, just those of human decency. Plus, they probably couldn't swim. You know.
Sadly I don't know if I agree with your last paragraph. I would like to think kids today will shun them but I have a feeling they have a few kids in their click that don't care what happenedThis statement from the article...
The teens admitted being in the area "smoking weed," police said.
This would be the perfect opportunity to pull what they did on OJ...unable to punish the major transgression, double up on the minor one.
Laws might not have been technically broken, but what those kids did (or didn't do in this case) is an indictment of their character. How do you even get to the point where you do something like that? I'll bet that this group will be ostracized by their schoolmates and everyone with knowledge of their deeds. They might not get punished by the law, but I'm guessing their life just changed for the worse.
This would be the perfect opportunity to pull what they did on OJ...unable to punish the major transgression, double up on the minor one.
click
Views like that are destructive and counter-productive to our justice system.
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You mean that same justice system that let OJ go free? Well I'd hate to be counterproductive to THAT system.
But you can't have it both ways. You can't defend these kids because they technically didn't break the law yet find it "counterproductive" for the system to punish these kids to the max (under the law) for a law that they did break.
The problem there is you are punishing someone for actions that were not illegal. That is a very dangerous and slippery slope. While their lack of action was beyond horrible, the justice system should never excessively punish someone for legal activity just because they have the opportunity even if the legal activity is morally disgusting (not saying it doesn't happen).They should be treated the same as any other teens smoking weed and their failure to act should not be considered.
I understand your point. The thing is, there's no uniform punishment for possession/using marijuana. I would imagine that the punishment runs the gamut. There's absolutely nothing wrong with a judge exercising his right to assign punishment based on the extenuating circumstances of the case and choosing the more stringent end of the spectrum. Judges do it all the time. The level of remorse, prior records, respect for the judicial process, etc. is taken into account when meting out justice. I see no problem with these kids actions being taken in consideration for the marijuana offense.
This is from sentencing guidelines passed in Florida for juveniles...
- Several new factors will have to be weighed by judges tasked with sentencing a juvenile, including the maturity of the offender, his or her background, the nature of the crime, and the potential repercussions on the community.
The impetus for the new legislation was a 2010 case in which Jacksonville teen was sentenced to life for robbery.
The need to pass guidelines and this actual case where a juvenile received life for robbery shows that there is no set punishment for any particular crime. This judge used other factors in sentencing this kid. So if there's a slippery slope we're already on it.
Didn't the article say they were being charged with failure to report a death? Sure it's only a misdemeanor but it's still the law and they broke it. So if that's the case they did have a legal duty to do.I agree judges should have discretion to use extenuating circumstances for sentencing like criminal history, drug addiction, age, etc. but I don't think that should extend to someone not doing something they have no legal duty to do because we don't like it. Again, I'm not saying this doesn't happen on a regular basis. However, I don't think it should extend to lawfully activity that has no involvement in the pending charges in an ideal system.
While judges have a lot of discretion in sentencing there are going to be some issues pop up when the attorney appealing the sentence, which is all but guaranteed in a case like this. Defense counsel can show that the judge gave probabtion to the previous 100 teens charged with marijuana possession but these guys get 6 months in prison because they didn't do something they have no legal obligation to do. That has constitutional issues all over it.
Didn't the article say they were being charged with failure to report a death? Sure it's only a misdemeanor but it's still the law and they broke it. So if that's the case they did have a legal duty to do.
My point is they did have a legal duty to do something and they didn't do itIf true, they only had a duty to report. There is still no duty to rescue and any failure to rescue would be irrelevant. That does not change the fact that the legal duty for which people would want to "throw the book" at them does not exist.
You mean that same justice system that let OJ go free? Well I'd hate to be counterproductive to THAT system.
The impetus for the new legislation was a 2010 case in which Jacksonville teen was sentenced to life for robbery.
My point is they did have a legal duty to do something and they didn't do it
In my world allowing someone to die in front of you without lifting a finger to help and taunting them in their final moments is a little more than being an "asshole". But hey...that's just me...and anyone else with the capacity to feel empathy.
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Not once did I say they had a duty to act. They had a duty to report they didn't do that so punish them for that illegal actThere is exactly zero duty to intervene and rescue. There is a duty to report a death, which duty seems to be violated. That has nothing to do with trying to giving harsher sentences for things that are not legally required.
Not once did I say they had a duty to act. They had a duty to report they didn't do that so punish them for that illegal act