Criminal Law

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

Ldsautumn — Tue, 21 Apr 2009 17:12:22 GMT

Trying to establish shorter sentencing guidelines was tried and was unsuccessful. Yes sentences are assigned by a Judge but Judges are also not allowed to sentence outside of guidelines when they want to. At times their hands are tied as well. Judges used to sentence someone to life and that used to mean 25 yrs but when Engler changed the make-up of the parole board to elected positions instead of under MDOC the parole board determined that "life should mean life" thereby re-sentencing these individuals. Funny, I didn't think the parole board could over-ride the sentencing judge!! That is why the Supreme court has weighed in on this and found in favor of the lifers!!!

Saying that they can simply charge less per inmate per day doesn't make much sense. The cost has to do with the amount of money that the Department of Corrections spends on salaries, and other necessities. They have cut as much as they possibly can. In most cases those things that the general public thinks they pay for are paid for out of the Inmate Benefit Fund. Funds that inmates contribute to. They can't simply charge themselves less. Doesn't work that way.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Tue, 24 Mar 2009 22:05:21 GMT

why would the legislature not wish disciplinary actions to be held against inmates who are applying for early release?

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Tue, 24 Mar 2009 14:05:25 GMT

totally bypassing the judicial branch. working retroactively. giving shortened sentences to those that especially don't deserve them. incurring the ire of the voter.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

gypsy — Tue, 24 Mar 2009 14:00:57 GMT

If this bill passes, it will be a new law that shortens sentences.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Mon, 23 Mar 2009 21:36:51 GMT

the ends do not justify the means. if the intent of this law, and the legislators, is to shorten sentences, then write new laws that shorten sentences. do not meddle where you have no business. sentences are assigned by a judge, a member of the judicial branch. legislature cannot control the judicial without writing new law.

the legislature can control costs (one of the reasons for this bill) by simply charging themselves less per inmate per day.

it is not their job to 'second guess' the judicial branch on an inmate by inmate basis.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

gypsy — Mon, 23 Mar 2009 17:35:34 GMT

The ends is not the subject, the means is.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Mon, 23 Mar 2009 16:42:32 GMT

but they do achieve the same ends.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

gypsy — Mon, 23 Mar 2009 16:21:31 GMT

Neither of those suggestions are what this bill is about.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Mon, 23 Mar 2009 15:48:41 GMT

why not just pardon them? they aren't going to be punished either way. or, just convict them and let them go free. the result is the same.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

gypsy — Mon, 23 Mar 2009 15:45:51 GMT

Maybe.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Mon, 23 Mar 2009 07:35:17 GMT

the only reason to ignore them is to give those that do not deserve good time an early release.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

gypsy — Mon, 23 Mar 2009 01:54:06 GMT

OK.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Mon, 23 Mar 2009 00:29:17 GMT

there are those. but they are of no use here. prisoners don't get legal representation in internal disciplinary matters. but internal disciplinary matters do show 'worthiness' to be given good time credits, and should not be ignored. in fact, they are the only barometer to determining if an inmate deserves to be given good time credits.

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

gypsy — Sun, 22 Mar 2009 23:31:20 GMT

How about a smart lawyer then?

Re: 2009 House Bill 4499 (Revise prison time off for good behavior )

bugman — Sun, 22 Mar 2009 23:27:18 GMT

what good does it do to authorize 'good time' for those who have not been 'good'?