Quote (Valhalls_Sun @ Jan 8 2015 11:48am)
Something that's bothered me is the whole sentencing process, I realize that there is a min-max for the severity of the crime etc.. but it seems like it makes the crime a gamble to the crook ie; "if I steal this car I may get 10yrs. or I might get 25yrs". and no one really thinks they'll get caught do they? So is the rationalized idea always the lowest number of years?
Wouldn't it be better to have a stock number of years period. like 20 years for GF. auto. and 18 if you plead guilty. something like that right out in the open.? maybe that takes too much power away from the DA.?
stealing a car is a simplified example. what happens if a person punches then spits on someone? battery, assault, aggravated assault, disorderly conduct, etc. etc.
the aspects of the crime decide the punishment based on precedent as the judge sees fit. This is because it is IMPOSSIBLE to define each aspect of possible criminality and further assign a punishment.
The same problem comes up in policework, people often ask "why cant there just be police guidelines for every situation?" Sit down with a notebook and start to write each situation a police officer could encounter and then how they should deal with it. Youll be writting for the next 300 years and still miss out on possible situations.