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released from prison early, but...

Riddler
almost 12 years

https://www.youtube.com/watch?v=S-4zamzySJQ

This guy, at 20, was convicted of two armed robberies and given a 98 year sentence, served 8 years and was released due to a clerical error, lived 6 years as a free man, got married and had kids, then was forced to finish the sentence.

There are arguments on both sides of this. Should he or should he not be forced to finish the sentence?

What do you think?
29
Let him be free
6
Force him to finish his 90 Years
5
Give him a shorter sentence of some sort
DeathCab
almost 12 years
I think it's horrific that Texas has a rule whereby a trial court can find that you are "not guilty" legally after exculpating evidence (ie, DNA) but cannot compel your release from prison unless the prosecutor consents.
Jupiter
almost 12 years
imo if Mark Wahlberg can reform so can this dude
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DeathCab says

I get it. I was being facetious.


oh ok
DeathCab
almost 12 years
I get it. I was being facetious.
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DeathCab says

Silly boy. Actual innocence can't be a defense to a conviction.


yeah uh i don't care what legalese tells me at a certain point it makes me physically disgusted that legal system asserts that it's okay to execute a legally and provably innocent human being
DeathCab
almost 12 years
Silly boy. Actual innocence can't be a defense to a conviction.
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texas is where all the really messed up cases happen, like herrera v. collins
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bump because Riddler
DeathCab
almost 12 years
Additional interesting cases: http://www.cbsnews.com/news/man-who-went-to-prison-13-years-late-ordered-released/
-Where a man was sentenced in 2000 to 13 years in prison. He was never told where to report, in an appellate hearing, the defense attorney told the judge his client wasn't in jail, but the prosecutor insisted that he was (prison records showed in him jail). Ended up being freed after getting arrested this summer when the prison finally realized it didn't actually have him.

http://www.dailykos.com/story/2014/04/18/1292888/-The-State-of-Texas-Has-Held-a-Man-in-Prison-for-33-Years-Without-a-Valid-Conviction-and-Sentence
-This is the most horrifying. A man won his appeal and was ordered to have a new trial. Texas held him in prison 33 years without giving him the new trial. Now that he wants out (because he was never convicted), Texas wants to re-try him and insists it's his fault for not pushing for his rights.
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Lizor says

well if we're freeing petri, might as well free him too.


bad post imo
Lizor
almost 12 years
well if we're freeing petri, might as well free him too.
deletedalmost 12 years
I dont see how whether the punishment fits the crime has anything to do with this discussion.

I thought the discussion was about whether someone who's been free for 6 years should be made to go back to jail.

In which case, yes of course he should. Clerics can't just declare people innocent by making errors.
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Commute it to a capital sentence.
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b0oty says

THe guy the movie "blow" was about was released from prison this year :)


My fave Johnny Depp movie ♥
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https://www.youtube.com/watch?v=6vzallCu820#t=24
b0oty
almost 12 years
THe guy the movie "blow" was about was released from prison this year :)
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you guys gotta realize: it's multiple counts. it's not just one. it's 98 years because there were two sentences that were supposed to run consecutively, not concurrently. it's not a 98 year sentence but two sentences that add up to 98
deletedalmost 12 years
Introduce new legislation, and release him retroactively, sure, but don't bend the system even more by just letting him go.... lol.
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Riddler says


Slow says

you can't really say he shouldn't have to finish the 90 years if you can't contest the original ruling.


If the original ruling was 98 years for armed robbery in which no one was harmed, they over sentenced.


wow haha this was in COLORADO that's wild.

Lima-Marin, now 35, was convicted in 2000 of multiple counts of robbery, kidnapping and burglary after he and another man robbed two Aurora video stores at gunpoint when he was 20.

kidnapping is pretty serious imo
Endorphins
almost 12 years
98 year sentence for armed robbery is way to high. Which handicap judge gave him this sentence?
Riddler
almost 12 years

Slow says

you can't really say he shouldn't have to finish the 90 years if you can't contest the original ruling.


If the original ruling was 98 years for armed robbery in which no one was harmed, they over sentenced.
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Steven says

I know it's not relevant legally, but why double jeopardy would be "wrong" (in my opinion) is the same reason why this is wrong.


because this is one prison sentence for one individual.
deletedalmost 12 years
Wasn't there another case about steroid abuse in the NFL or some sports league, and the dude was obviously guilty. But he couldnt be punished due to a clergical error?

Or maybe I'm thinking of something else... A lot of people were pissed. The people involved in the robberies are probably pissed he was let out after only 8 years.
deletedalmost 12 years
you can't really say he shouldn't have to finish the 90 years if you can't contest the original ruling.
Steven
almost 12 years
I know it's not relevant legally, but why double jeopardy would be "wrong" (in my opinion) is the same reason why this is wrong.