Child Porn Conviction, 38 Months Jail, 10 Yrs Probation

Discussion in 'Off-topic Political' started by Nemo, Jun 26, 2019.

  1. Nemo

    Nemo Man of Myth and Legend

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  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Good ruling, prompted by a weird state law and highly unusual facts.

    The key thing to appreciate here is that the pervert didn't just have his probation revoked -- the probation that he was on from his first child porn conviction. He had less than 5 years remaining on the sentence from that first conviction. He was very near to having fully completed it; indeed he was close to having fully completed the maximum amount of time that a conviction could have earned him in his first offense.

    So IF you're going to send him back to prison on a probation revocation hearing ( based on the old sentence the sentence from the first crime) rather apply a new sentence him, THEN he could only be sent back to finish whatever time is left on his first sentence however many months or years that is.

    Exceeding the old sentence with a new sentence for a crime that he has not been formerly convicted of with either a jury trial or a voluntary waiver of the right to a jury... and with the correct legal standard of proof being applied (guilt beyond a reasonable doubt) is unconstitutional.
     

  3. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The correct way for the State to prosecute a man like this is first revoke his probation on the original sentence. Have the judge review the facts, hear the evidence, and then find by just a preponderance of the evidence that he has violated the terms of his release under his first conviction and therefore he will serve every remaining day left on his sentence from his first conviction in jail.

    Then, either minutes later, days later, or even weeks later, bring him back to court and offer him a plea bargain to have a formal conviction on his new child porn charge if he admits he is guilty. No new trial would be needed if he knowingly and thoughtfully waives his right to a trial and agrees to be convicted and sentenced for the new crime that he committed while he was out on probation for the old crime .


    If he says he's innocent of that new offense, schedule a trial on that new incident. Unless he asked for a bench trial make it a jury trial. Make it a standard jury trial with the instruction to the jurors that they can only convict if they are convinced by evidence that he's guilty beyond a reasonable doubt.

    If the jury convicts him, then he can be sentenced. And as a recidivist with a prior conviction for the same crime, the judge will have the authority to slam him with a huge new penalty.