Thread: Death penalty.
View Single Post
 
Old 01-06-2008, 02:59 PM
Guest
n/a
 
Posts: n/a
Default Re: Victims Really Can't Have A Say

Quote:
Originally Posted by Villages Kahuna
The laws broken by felons are laws established by society in the form of local, state or federal laws. The penalties for various offenses are also provided for in the legislation for the specific purpose of providing guidance to juries or judges in the sentencing phase of the process. That is done in order to provide for consistency in sentencing for like offenses. To permit the victim(s) to have any meaningful say in the sentencing of felons would result in wildly unequal and unfair sentences for similar crimes against society.

Often the state's attorneys will seek the input from the victim or victim's family in planning the prosecution. As an example, I was given the final say in whether the State would enter into a plea bargain with my Mother's murderer. Initially I was willing to consider a plea bargain, but I rejected the idea when it became clear that the defendant refused to admit his crime and intended to use every strategy and ruse in the book, legal or illegal, in order to either avoid conviction or lessen his sentence. He did not earn my forgiveness in the context of the criminal justice process and so it was withdrawn.

But that did not alter my willingness to forgive him in a human or religious sense. Our family did forgive in that regard. But I must say that our forgiveness recognized that the continued refusal of the murderer to admit his crime and seek God's forgiveness and redemption would still result in a more horrible eternal penalty than any that could be prescribed by worldly courts. We could forgive but still have the knowledge and confidence that the eternal destination of the murderer's soul would remain in his hands, not ours or the State's.
In a criminal justice system that works well, you do not need more checks and balances. Except that from the Columbia University death penalty report http://www.washingtonpost.com/wp-dyn.../deathpenalty/, it looked like judges and lawyers were not playing by the rules. If you have well informed and conscientious jurors as well as victims acting as players in the legal drama, then that should at least put more checks and balances into the system. That seemed to be something quite important to the Founding Fathers, the march of folly in human affairs needed a way to prevent people from yielding too much power.

While in law school, I was a student lawyer in Minnesota and was trying to do something for an infamous in MN inmate at Minnesota Correctional Facility Stillwater. This was something that could give the victims from his crime a bit of trouble (a name change), but the judge gave me a thorough chewing out for just submitting the papers for a name change request.

I believe that in MN as well as probably every other state in the US, the court that convicted the inmate or probationer would notify the victim quite soon about any name change made. Long before he or she got out of prison though.