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Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Hatuey

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http://news.yahoo.com/insight-florida-man-sees-cruel-face-u-justice-050157061.html

"My first offense, and they gave me all this time," said Davis, a pudgy African American with dreadlocks who spoke with Reuters at the Federal Detention Center in Miami. "Might just as well say I'm dead."Davis was convicted of participating in a string of armed robberies in the Miami area in 2010. His accomplices testified against him, saying he carried a gun during their crimes and discharged it at a dog that chased them after one of their burglaries. But Davis was not convicted of hurting anyone physically, including the dog.
Davis would occupy no place at all in the annals of crime if not for his sentence. Now 20 years old, he was sentenced to 1,941 months - almost 162 years - in prison without the possibility of parole.
On the day of Davis's interview with Reuters, the U.S. Supreme Court decided that life sentences without parole for defendants under the age of 18 constituted "cruel and unusual punishment" even in cases of murder. Unfortunately for Davis, he was 18 at the time of his crimes.

Davis, who still maintains his innocence, was the only one of the six men charged who went to trial. The others cut plea deals that left them with sentences of nine to 22 years in prison.As the odd man out, Davis was convicted largely on the basis of his accomplices' testimony, court documents show.
Davis, who was not identified as the group's ringleader, claims he was never offered a plea bargain.
Davis's ex-attorney, Zelman, declined to comment on this point, citing attorney-client privilege.

This must be that racially unbiased justice system I keep hearing around.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Cue all the people who will swear up and down that 162 years is a reasonable sentence for this crime. Why, I'm sure that they'd be saying exactly the same thing if it were the wealthy white son of some well-known political figure. :roll:
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Insight: Florida man sees "cruel" face of U.S. justice - Yahoo! News





This must be that racially unbiased justice system I keep hearing around.

When you have private, Corporate jails, you have to have clients. Lock up all them no-good, worthless reefer smokers, poker players, reckless drivers, boozers, and illegal immigrants. They ain't got no money or support group, so they a guaranteed long term income. You gotta have much finer fixins fo' the likes o' them white collar crminals, like bankers, embezzlers, politicians, preachers, poachers, and assorted pisspots. Besides, them Corporations is people, don't ya' know?
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

When you have private, Corporate jails, you have to have clients. Lock up all them no-good, worthless reefer smokers, poker players, reckless drivers, boozers, and illegal immigrants. They ain't got no money or support group, so they a guaranteed long term income. You gotta have much finer fixins fo' the likes o' them white collar crminals, like bankers, embezzlers, politicians, preachers, poachers, and assorted pisspots. Besides, them Corporations is people, don't ya' know?

Hmm, this may not be such a bad idea. I see a new home for the OWS crowd.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Seriously? 162 years for a first conviction of robbery and carrying a weapon? People who rape and murder children get smaller sentences than that. This is insane.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

The story explains this moron's REAL problem, 7 federal armed robbery convictions, and he went to trial, instead of taking a plea deal. He has his "friends" mainly to thank for this, as they cut plea deals and let this moron be pegged as the "leader". I am sure his fine public defender (PD) THOUGHT that a judge/jury would see this as a scam, and cut him some slack, so it went to trial.

BAD move, as it turned out, but for 7 armed robberies, and no chance that this moron would ever be a productive member of society, it would not be wise to let him simply walk. His PD should have cut a deal, but was obviously not as quick as the other accomplice's council were to reach this conclusion. The last guy to make a deal always gets either NO deal, or a very bad one.

The guy is obviously not innocent, yet suffered a raw deal, largely because all his "friends" likely knew how much of a moron he was, and his PD thought that would work well for leniency at his sentencing. Perhaps cutting his time back to 7, 10 year consecutive sentences would be better, parole eligable after 66 years, would be "fair".
 
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re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

The story explains this moron's REAL problem, 7 federal armed robbery convictions, and he went to trial, instead of taking a plea deal. He has his "friends" mainly to thank for this, as they cut plea deals and let this moron be pegged as the "leader". I am sure his fine public defender (PD) THOUGHT that a judge/jury would see this as a scam, and cut him some slack, so it went to trial.

BAD move, as it turned out, but for 7 armed robberies, and no chance that this moron would ever be a productive member of society, it would not be wise to let him simply walk. His PD should have cut a deal, but was obviously not as quick as the other accomplice's council were to reach this conclusion. The last guy to make a deal always gets either NO deal, or a very bad one.

The guy is obviously not innocent, yet suffered a raw deal, largely because all his "friends" likely knew how much of a moron he was, and his PD thought that would work well for leniency at his sentencing. Perhaps cutting his time back to 7, 10 year consecutive sentences would be better, parole eligable after 66 years, would be "fair".

LOL what on earth is fair with 66 years for this crime? He got a raw deal because he is black and poor.. pure and simple. Had this been a white guy with a bit of money, he would have gotten under 10 years and would be out in 5.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

From OP's link...

According to expert testimony at his trial, Davis suffers from a learning disability and bipolar disorder.

At the time of his arrest, he told Reuters, he was living on $674 a month in Social Security disability payments and hoping to get back into school to learn a trade.

I also find it interesting that so many here are playing the race card without even knowing the race of his accomplices.

I do know one thing though...from what info we have it definiteately appears that this guy, though definitely in the wrong, surely does not deserve 160 years in prison.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

From OP's link...



I also find it interesting that so many here are playing the race card without even knowing the race of his accomplices.

Irrelevant. Based on empirical evidence and studies, poor black men get higher and tougher sentences than anyone else...a recent study states that poor black men get 60% longer sentences than poor white men in the federal system, and you can not tell me that it is better on state level.. especially in the south.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Seriously? 162 years for a first conviction of robbery and carrying a weapon? People who rape and murder children get smaller sentences than that. This is insane.

Yeah, even I think that's excessive. Armed robbery, and discharge of a firearm? 25-30 is probably the max he should get. For a first offense, maybe 10-15.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Irrelevant. Based on empirical evidence and studies, poor black men get higher and tougher sentences than anyone else...a recent study states that poor black men get 60% longer sentences than poor white men in the federal system, and you can not tell me that it is better on state level.. especially in the south.

Actually it is relevent for the simple fact that if his accomplices are black also then this would obviously put all of this in the 40% of your statistics. Not the 60%. If you can prove his accomplices were white then I will 100% agree that this sentence was more than likely racially motivated. Until then I have my doubts.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Actually it is relevent for the simple fact that if his accomplices are black also then this would obviously put all of this in the 40% of your statistics. Not the 60%. If you can prove his accomplices were white then I will 100% agree that this sentence was more than likely racially motivated. Until then I have my doubts.

And again my point stands as the 60% is on average.. which means some get less some get much more.. and in this case... That his accomplices were black does not mean they were not given harsher sentences despite "giving up" their compatriot relative to what a white defendant would have gotten.

However as I stated, it is an average, and considering that this guy got far above the average by several 100%, then the over all sentence is still in the "ball park" average I bet.

Point is.. he got a harsher sentence because he was black and poor.. pure and simple..
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

While I agree the sentence is too long, I object to the references to it being a first offence. He was convicted on offences relating to seven separate incidents so by definition, only one of those (if that) can be a first offence.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

While I agree the sentence is too long, I object to the references to it being a first offence. He was convicted on offences relating to seven separate incidents so by definition, only one of those (if that) can be a first offence.

Which is idiotic in it self.... it is almost as if the prosecutor and judge had shares in the prison system by doing it this way...
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Ive lived in florida going on 8 yrs. Ive never seen such wide discrepancies in sentencing...is it racial, Im sure some is...but ive seen lots of white guys get hammered also. Heres what I "THINK" contributes to the disparity.

Judges are elected here in fla...they have to keep their district electorate happy...so if their district is bloodthirsty I believe the judge will be more inclined to be bloodthirsty to get re elected. I think the disparities differ county to county. I used to want elected judges to get the appointed for life slugs out...then I came here and saw the downside of electing them...I guess you could say at least a majority elects the elected slugs as opposed to one guy appt a slug...cant win can we :)
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Ive lived in florida going on 8 yrs. Ive never seen such wide discrepancies in sentencing...is it racial, Im sure some is...but ive seen lots of white guys get hammered also. Heres what I "THINK" contributes to the disparity.

Judges are elected here in fla...they have to keep their district electorate happy...so if their district is bloodthirsty I believe the judge will be more inclined to be bloodthirsty to get re elected. I think the disparities differ county to county. I used to want elected judges to get the appointed for life slugs out...then I came here and saw the downside of electing them...I guess you could say at least a majority elects the elected slugs as opposed to one guy appt a slug...cant win can we :)

Yep that is another major problem.. the whole system turns into a re-election campaign system instead of a legal system.. and it is not just judges.. prosecutors need to be elected as well... so the pick and choose cases for political gain. Best time to do a crime.. right after an election!
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Yep that is another major problem.. the whole system turns into a re-election campaign system instead of a legal system.. and it is not just judges.. prosecutors need to be elected as well... so the pick and choose cases for political gain. Best time to do a crime.. right after an election!

They tell me in the VFW theres an elected judge in my county...that everyone knows if he walks in court with a smile in a good mood, many catch a break, if he comes in gruff, sarcastic and huffy everyone is screwed
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

LOL what on earth is fair with 66 years for this crime? He got a raw deal because he is black and poor.. pure and simple. Had this been a white guy with a bit of money, he would have gotten under 10 years and would be out in 5.

MAYBE that "bad deal" was because he was claiming to be DISABLED and getting SSI. If one is able to get to and rob several places, perhaps they are not quite as "disabled" as they advertised themsleves to be. Is a 10 year sentence too harsh for EACH armed robbery? Do you really think that his accomplices were rich and white? As I have expained earlier, the other guys took plea deals and blamed the biggest moron in their "gang", probably hoping that the judge would take pity on him since he was "disabled". I note NO complaint on the VERY LENIENT sentences given to his "helpers" that got "deals", that is the REAL story here. In your opinion, people with 7 armed robbery convictions should get less than TWO years for each conviction?
 
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re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

MAYBE that "bad deal" was because he was claiming to be DISABLED and getting SSI. If one is able to get to and rob several places, perhaps they are not quite as "disabled" as they advertised themsleves to be.

Totally irrelevant to the case.

Is a 10 year sentence too harsh for EACH armed robbery?

He got triple that...

Do you really think that his accomplices were rich and white?

Where did I state that? I said that because he was black, then he was more likely to get harsher sentences than a similar white accused.. and that is backed up by empirical evidence and studies.. you cant run from that fact. Had this guy been white, and had the money for a lawyer, then you betcha he would have gotten a much smaller sentence... hell if he had been rich, he might even have gotten off with community service.

As I have expained earlier, the other guys took plea deals and blamed the biggest moron in their "gang", probably hoping that the judge would take pity on him since he was "disabled".

Again irrelevant. If your whole case is based on the confessions of criminals based on "deals" then you have a problem. The DA should never have made a deal and should have charged the whole gang and gotten the same sentence.

I note NO complaint on the VERY LENIENT sentences given to his "helpers" that got "deals", that is the REAL story here.

No it is not. It is a problem yes, as I stated above, but the story here is a totally disproportional punishment for the crime committed, especially considering he was in a group and the group got off much much much lighter.

Should he have been put in jail for a decade or two? Yes, as should the rest of the bunch.. but come on.. 150+ years? That is insane on so many levels...you give a murder less!
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

The story explains this moron's REAL problem, 7 federal armed robbery convictions, and he went to trial, instead of taking a plea deal.

The punishment does not fit the crime, pure and simple. This is one way in which plea bargains are abused by our justice system...people should receive a FAIR sentence if they don't comply, and a LESSER sentence if they do. Instead, the punishments are raised so high that people don't have any choice but to plead guilty or else face a ridiculous sentence like this.

BAD move, as it turned out, but for 7 armed robberies, and no chance that this moron would ever be a productive member of society,

You're jumping to conclusions. What makes you think he would never be a productive member of society? He's 18 years old, and he committed the type of crime that 18-year-olds commit. How often do you hear about 45-year-olds committing armed robbery? Very seldom. These kind of crimes are things that young people do, and it's ridiculous to say that he could never be a productive member of society when he was a little bit older.

Perhaps cutting his time back to 7, 10 year consecutive sentences would be better, parole eligable after 66 years, would be "fair".

And if this guy was white and wealthy and the son of some influential political figure, you'd say exactly the same thing, right?
 
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re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

The punishment does not fit the crime, pure and simple. This is one way in which plea bargains are abused by our justice system...people should receive a FAIR sentence if they don't comply, and a LESSER sentence if they do. Instead, the punishments are raised so high that people don't have any choice but to plead guilty or else face a ridiculous sentence like this.

What? You are saying that it was good to sentence the rest to FAR less, and beacuse they got good deals, so should those that did not make a deal? I have said that perhaps 10 years PER ARMED ROBBERY would be more "fair". Do you doubt this guy's guilt?


You're jumping to conclusions. What makes you think he would never be a productive member of society? He's 18 years old, and he committed the type of crime that 18-year-olds commit. How often do you hear about 45-year-olds committing armed robbery? Very seldom. These kind of crimes are things that young people do, and it's ridiculous to say that he could never be a productive member of society when he was a little bit older.

He was getting SSI disability, yet had NO PROBLEM grabbing a gun and robbing folks with it. How many 18 year olds get paid $650/month to do nothing? I am saying that after 7 armed robbery convictions, that people should NOT be let loose, certainly not without at least 10 years PER ARMED ROBBERY, so yes, let him out (on parole) after 66 years. His "friends" got extremely limiited sentences, perhaps they were NOT the ones holding (and firing) the gun. Armed robbery is NOT the "typical" crime that 18 year olds commit. Get real!

And if this guy was white and wealthy and the son of some influential political figure, you'd say exactly the same thing, right?

YEP.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

What? You are saying that it was good to sentence the rest to FAR less, and beacuse they got good deals, so should those that did not make a deal?

I'm saying that people who go to trial should get a fair sentence for their crime, and people who plead guilty should get lesser sentences. Instead, under our current criminal justice systems, people who go to trial have their lives completely ruined, and people who plead guilty get fair or harsh sentences.

I have said that perhaps 10 years PER ARMED ROBBERY would be more "fair". Do you doubt this guy's guilt?

I don't doubt his guilt (although I wasn't on the jury to have an informed opinion); the issue is with his sentence, not his conviction.

He was getting SSI disability, yet had NO PROBLEM grabbing a gun and robbing folks with it. How many 18 year olds get paid $650/month to do nothing?

What does that have to do with anything? Are you saying he should be punished more harshly because he has a disability?

I am saying that after 7 armed robbery convictions, that people should NOT be let loose, certainly not without at least 10 years PER ARMED ROBBERY, so yes, let him out (on parole) after 66 years. His "friends" got extremely limiited sentences, perhaps they were NOT the ones holding (and firing) the gun. Armed robbery is NOT the "typical" crime that 18 year olds commit. Get real!

Armed robbery is almost exclusively a crime of young males. It's very rare that older people commit this crime. So saying that he could never be a productive member of society is simply untrue. When he's a bit older he won't be a risk for committing armed robbery anymore; the crime statistics simply do not support the idea that a 40-year-old guy is as likely to commit armed robbery as an 18-year-old guy.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

I do realize this is off topic, but it was in the article..
"In one recent, highly controversial Florida sentencing, Marissa Alexander, an African-American woman in Jacksonville with no previous criminal record, was sentenced to 20 years for firing a pistol twice into the air while trying to ward off an attack by her abusive husband. Denied the protection of Florida's controversial "stand your ground" law, the 31-year-old mother of three was convicted of aggravated assault, a felony, and given the mandatory sentence for anyone who fires a gun in commission of the felony."

There is something wrong with Florida's judicial system
Can someone give the stats on how much average jail time one would get if they were to shoot someone(non-fatally)?
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

And again my point stands as the 60% is on average.. which means some get less some get much more.. and in this case... That his accomplices were black does not mean they were not given harsher sentences despite "giving up" their compatriot relative to what a white defendant would have gotten.

However as I stated, it is an average, and considering that this guy got far above the average by several 100%, then the over all sentence is still in the "ball park" average I bet.

Point is.. he got a harsher sentence because he was black and poor.. pure and simple..

And yet you still haven't proven that this case falls under the 60% that you claim this person belongs under. Same applies to his accomplices. How do you know that this wasn't just because the judge is trying to garner some votes? Indeed...do you even know if the judge is white or black or hispanic or chinese? Also how does Florida's court system work in regards to sentencing? Is it the judges job? Or is it a juries job?

You seem to jump to conclusions without even once trying to find any of the facts.

Just because statistics show that you have a 60% chance of being correct doesn't mean that you cannot fall within the 40% of being wrong.
 
re: Insight: Florida man sees "cruel" face of U.S. justice [W:53]

Insight: Florida man sees "cruel" face of U.S. justice - Yahoo! News







This must be that racially unbiased justice system I keep hearing around.

I think 162 years was excessive, but at the same time, let's not forget that he participated not in one armed robbery, but in MANY armed robberies. And if you are armed while robbing, an assumption must be made that you intend to kill someone if you don't get what you want. I am not spilling any tears over this punk.
 
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