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Polk County, Florida recently lost a deputy during the service of an arrest warrant.
The suspect hid in her home, and when discovered, produced a soft-air replica that sufficiently resembled a real gun to elicit gun fire from the two deputies in the house.
She was wounded.
But since Rule 4 will not be ignored, the deceased deputy outside the trailer was struck and killed by one of his fellow deputy's bullets.
The suspect they were there to arrest is now being charged with 2nd degree murder.
The laws which charge a suspect with everything bad that happens while trying to arrest them is the most "that makes sense in the most what-the-fuck-over way".
It makes sense that you want people to surrender peacefully, so being charged with everything is an incentive to do so.
It doesn't make sense because the suspect didn't even have a weapon that could fire lethal ammunition.
As the sheriff says (paraphrased): Everyone in that home was a felon, with long histories, all she had to do was surrender when they knocked and she'd only be charged with the things she'd allegedly actually done.
On the flip side, this sort of law creates a perverse incentive for the police to be reckless.
A cop rushing to join the pursuit can t-bone a family in a mini-van without personal, legal, consequences because the suspect being pursued will be charged.
Something of the sort has already happened. A cop rushing to join a pursuit t-boned another cop doing the same thing. One was killed, the other severely injured and the suspect, miles away, was charged for some level of murder.
However... I'm just not seeing this additional charges thing affecting people whom I wish to continue sharing air with. If a murder charge over the death of a deputy who was shot by the other deputies trying to arrest her finally gets her in jail for good. Good.
But I sometimes think that two massive upheavals in our laws would fix the problem better. We can even leave the criminal is responsible for all the bad shit that happens arresting them in place, but my suggestion will lead to fewer situations where it will matter.
First we stop with all victimless "because it's good for them" laws. Someone wants to commit slow suicide with crack, let them. Crack is only expensive because it's illegal and that high cost leads to them stealing everything not nailed down to buy more.
Second we institute truth in sentencing. The time you're sentenced to is the good time. You get a year, you serve a year if you're a model prisoner. You're a bad inmate, your bad days don't count.
Hand in hand with this, once released they are done being punished for the crime. They return as a full member of society with all the rights associated with being a free citizen.
If we really want them punished for life for what they've done, then we should imprison them for life. If not...
I'm an advocated for shorter sentences. Most violent crimes (armed robbery, rape, mayhem, arson) could be punished with a 5-year prison term. Murder would get 10 years. No time off for good behavior, serve the entire sentence. It gets them off the street for an extended period but not long enough a period to cause despair of ever being free. One can always sentence recidivists for another 5-year term, as many times as is necessary. Lesser crimes such as petty theft or simple assault (punching someone, bar fight) could be given a 1-year sentence OR corporal punishment of a dozen lashes, offender's choice. NO death penalty.
ReplyDeleteIf - IF - "rehabilitation" or, at least, "learning to not do it again" is the mission, then shorter, more vigorous sentences is one way to achieve it. Shorter, but less pleasant, sends the message and gives the convicted the opportunity to pursue a non-criminal life.
ReplyDeleteBy "vigorous" I mean unpleasant but not harsh: air conditioning prohibited, heat limited, food nutritous but not delicious, work difficult and strenuous but not abusive and required for each and every day incarcerated daily, amenities severely limited (TV banned, reading material limited and controlled, visitation/phone use/mail limited, etc.) Being in prison (post-conviction, not jail pending trial) should be neither abusive nor even slightly enjoyable.
Sentences for 2nd offense are double first offense, 3rd offense is 4X.
Sentences well established and publicized "do this, get this time;" sentences are binary - either zero time or the full period, no negotiations or "benefits for early release." Proceedings from dispatch to sentencing are completely transparent and every word, page and picture available to both counsels and the public, especially all final communications between prosecution and accused so everyone can see what is/was presented and what "adjustments," aka plea deals, were offered.
Zero death penalty - I've seen too much incompetence, confusion and corruption from officer dispatch through trial to allow government that much power. Sending the wrongly convicted to vigorous long-term sentences is wrong, very wrong, but partially correctable. Execution is not.