God I hate this fucking state

[lindentreeisle]

I have a sex assault case. The maximum for sex assault 4th degree is 1 year in jail. He's also charged with assault 2, which has a 10 year max, but if he's found guilty of both, assault 2 "merges" into sex assault 4, which means that his max penalty if he's found guilty of both is 1 year

Comments

[lady_ganesh]

Ewww.

[ext_192151]

Or even MORE distrubing: It means that if you spit on someone in a rage, and then get scared about what you've done ("Ack, I can't believe I did that. She might press charges!"), it may be best to stick your hand up her vagina so you get a lesser sentence.

Scary, primeval.

Can you give the victim a say? Is that even appropriate?

[vember]

late comment

Were it me I'd be inclined to go forward with both charges. Creepy that he might be done with his sentence that much sooner -- but then, you hear all the time about people who get off their sentences sooner than they're supposed to, so even if you put him in for longer it might not stick.
Also there's the "he's society's burden" factor - the longer he's in jail, the more we're all paying for him. Let him get out sooner and try to make a life with a sex assault charge on his record... now there's punishment (not that most offenders ever come to realize the blame for their sorry state is their own... grr, gaah.)

[lindentreeisle]

Well he's already kind of a scumbag and his criminal record reflects that, so just having the conviction is not going to hurt him that much more, IMO. I'd rather see him in jail.

After discussing it with a supervisor and then the victim, I decided to go on the assault 2 charge.

I lost the case though. :(

[morningstar4]

Damn. I'm sorry. :(

[lindentreeisle]

It happens. I'll be fine tomorrow, I'm just kind of emotionally crippled now, lol. Trials are EXHAUSTING.

[morningstar4]

Yeah...that's a sucky decision to have to make. And it really makes you wonder who the idiots are that decide these things. I think if it were me I'd go for the longer sentence. But then, I'm not in any kind of law enforcement and therefore my opinion isn't a very well-advised one. ::hugs::

[lindentreeisle]

The legislature decides these things. They are dicks.