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So...the consequences of sympathetic bail reductions.

 

http://www.bostonherald.com/news/local_coverage/2018/04/alleged_cop_killer_caught

 

29 year old Maniac caught driving through MA, ends up in a ditch along the interstate.  State Police find him, under the influence of drugs; search of car turns up more drugs, loaded pistol, and extra ammo - all illegal in MA.  In fact, given our stringent gun laws, the driver was eligible for a mandatory year for the gun alone, more for the ammo and the drugs and the DUI.  Arrested and held on $10K cash bail.

 

Couldn't raise the $10K.

 

Bail reduction hearing No.1 - State wants to stick at $10K, cites extensive criminal history and out-of-state residency; Judge cuts bail to $7500.

 

Couldn't raise the $7500.

 

Bail reduction hearing No. 2 - More whining and crying about inability to raise the money for the bail.  State asks for restoration to $10K.  Different judge now cuts it to $5000.

 

Surprise!  He makes bail, and is out.

 

Surprise!  He shoots and kills a Maine sheriff's deputy, steals his cruiser, and disappears into the woods.

 

After 4 day manhunt, captured - and cuffed with deceased deputy's handcuffs.

 

I understand that by statute, the primary consideration in bail is assuring the appearance of the accused at trial; if you want to argue that the accused should be held as a risk, you need to request and prevail at a dangerousness hearing (not done here, for unknown reasons).  But somebody (multiple judges, prosecutor) dropped the ball here.  This guy has a thick jacket, a hard drug habit, and proven ability to access illegal guns; he was facing some serious time if he lost at trial on the newest charges; what did they think he was going to do - sit calmly at home until his trial date?  We are just recovering from an intense period of hand-wringing over what can we do to anticipate crimes committed in schools by armed individuals; how about anticipating crimes likely to be committed by drugged out felons with confirmed histories of drug use, criminal behavior and access to illegal guns?  This guy was a walking, talking advertisement for a likely bad result.  I know we have prison overcrowding issues; I understand that until convicted, he is entitled to his liberty.  But some bad outcomes are SO patent and predictable that we need to act before this kind of thing happens.

 

LL

 

 

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I'm not sure how the prosecutor dropped the ball by asking to maintain the 10K bail, unless you're suggesting he or she simply didn't argue the position forcefully enough. I believe it is a somewhat unspoken common practice, at least in this area, for higher bail to be used in cases where it is believed there is a likelihood of the accused committing further crimes or attempting to influence victims or witnesses. As for the issue of overcrowding, when I was at the prosecutor's office, when they would need to relieve the size of the jail population, it would be done by judges with input from the prosecutors.

 

Nothing done will bring back the deputy, but it would be a good thing if the judges in the matter could be made to look the family and colleagues of the deputy in the eyes, in person, while explaining why the decisions were made regarding bail. To me, this may be the best kind of accountability, to be required to explain your actions to those directly and dramatically affected.

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Maybe a group could get together and just sit in that judge's courtroom every time and everywhere he is..... a simply stare at him.

 

No threat at all, and no one is breaking the law, but they could get into his head and mess with him.

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There is a simple solution for prison overcrowding!!  Put these burdens to society BACK TO WORK!!  Working is NOT cruel or unusual punishment!!  Prisoners learning a trade, such as block and brick masonry, concrete finishing, iron working, and carpentry are less likely to fall into recidivism.  If they are put to work while incarcerated and taught a trade, they are LESS likely to return for more than one reason. They can and will learn trades that can be used to make an honest living!!  The knowledge that they will be made to work if locked up again , for NO money with NO other options and for a GUARANTEED longer term, will certainly convince some to walk the straight and narrow.  Those who return will become productive members of society , providing facilities to contain and control others like themselves!!

 

County and state farms can be re-established, providing the food to feed those incarcerated and perhaps people who are victims or victims' families who have lost their bread winner due to the actions of these criminals and their peers.  These convicted felons could be tasked with disaster relief efforts, unfunded nature reclamation, (cleaning out the non indigenous snakes in the Everglades and such) and unfunded but necessary infrastructure maintenance and repair that taxpayers can't afford!!

 

There will be those who argue that these kinds of operations will cut into the livelihoods of good citizens who make their livings at these kinds of work.  NO!!  IT WOULDN'T!!  These uses of captive manpower are to be used IN ADDITION to or at the disposal of privately owned concerns.  Any funds collected by these endeavors can be used to pay for these relief efforts, and for the maintenance and support of the facilities required to house and feed the prison population, PLUS supervisory and correctional jobs will be created as a result!! 

 

All of these ideas are old, tried and true methods!!  Somewhere along the line, the IDEA that convicted criminals were being deprived of certain rights when put to task became popular among "Progressive" individuals.  In fact, a convicted felon gives up those rights when he/she breaks the law and should have to WORK to pay their debt to society and to their victims, NOT be allowed to retire to a life of leisure at society's expense!!

 

Build those prison walls higher and stronger and MAKE these culprits DO THEIR TIME and PAY BACK for what they've cost the public and the people that they have harmed!!

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I guess that why it's called "criminal justice system". Gawd forbid we mistreat the scum or punish them. Punishment is for the victims. :angry:

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5 minutes ago, The Original Lumpy Gritz said:

That so called 'Judge' needs to be removed from office!

And then locked in a room with the murdered LEO's family, for 30 minutes.

OLG

 

This. 

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As much as it frustrates us, it’s not surprising given the charges. Had he harmed or assaulted someone in addition to the DUI, weapon possession, etc, I suspect the higher bond, or an even larger one, would not have been reduced.

But suspects bond out all the time, and you cannot legally predict that they are going to commit a murder or other violent crime. 

 

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5 hours ago, DocWard said:

I'm not sure how the prosecutor dropped the ball by asking to maintain the 10K bail, unless you're suggesting he or she simply didn't argue the position forcefully enough. I believe it is a somewhat unspoken common practice, at least in this area, for higher bail to be used in cases where it is believed there is a likelihood of the accused committing further crimes or attempting to influence victims or witnesses. As for the issue of overcrowding, when I was at the prosecutor's office, when they would need to relieve the size of the jail population, it would be done by judges with input from the prosecutors.

 

Nothing done will bring back the deputy, but it would be a good thing if the judges in the matter could be made to look the family and colleagues of the deputy in the eyes, in person, while explaining why the decisions were made regarding bail. To me, this may be the best kind of accountability, to be required to explain your actions to those directly and dramatically affected.

 

Doc:

 

I was suggesting that the ADA failed to request a dangerousness hearing, which might have resulted in higher (or no) bail.

 

My apologies for the tirade.  We have had a string of murders of innocents in recent months, several involving released felons.  I know that some of my anger is based on hindsight, but part of it is growing sense that laziness, stupidity and politics all too often get in the way of real justice.  Sometimes, you can’t just do the popular thing; sometimes you have to bite the bullet and put people where they cannot cause pain and death.

 

LL

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4 minutes ago, Loophole LaRue, SASS #51438 said:

 

Doc:

 

I was suggesting that the ADA failed to request a dangerousness hearing, which might have resulted in higher (or no) bail.

 

My apologies for the tirade.  We have had a string of murders of innocents in recent months, several involving released felons.  I know that some of my anger is based on hindsight, but part of it is growing sense that laziness, stupidity and politics all too often get in the way of real justice.  Sometimes, you can’t just do the popular thing; sometimes you have to bite the bullet and put people where they cannot cause pain and death.

 

LL

 

Thanks for the clarification. Makes sense now. As for the tirade, no apologies needed, as far as I'm concerned. I tend to agree with you.

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We need to return to the "Wanted; Dead or Alive," technique.

 

Lowers the case load and cuts down on the appeals process.

 

"Here's the body Sheriff."

 

"Thank you, sir. Here's your check."

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4 hours ago, Lawdog Dago Dom said:

We need to return to the "Wanted; Dead or Alive," technique.

 

Lowers the case load and cuts down on the appeals process.

 

"Here's the body Sheriff."

 

"Thank you, sir. Here's your check."

 

When did we ever have in real life, the "wanted dead or alive technique"? Unfortunately real life ain't like TV, where every societal issue or crime can be resolved or solved in 60 minutes or less.

 

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2 hours ago, Abilene Slim SASS 81783 said:

 

When did we ever have in real life, the "wanted dead or alive technique"? Unfortunately real life ain't like TV, where every societal issue or crime can be resolved or solved in 60 minutes or less.

 

https://truewestmagazine.com/i-read-somewhere-that-no-legal-agency-ever-put-out-wanted-posters-that-stated-dead-or-alive-whats-the-truth/

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On 4/29/2018 at 6:12 AM, DocWard said:

I'm not sure how the prosecutor dropped the ball by asking to maintain the 10K bail, unless you're suggesting he or she simply didn't argue the position forcefully enough. I believe it is a somewhat unspoken common practice, at least in this area, for higher bail to be used in cases where it is believed there is a likelihood of the accused committing further crimes or attempting to influence victims or witnesses. As for the issue of overcrowding, when I was at the prosecutor's office, when they would need to relieve the size of the jail population, it would be done by judges with input from the prosecutors.

 

Nothing done will bring back the deputy, but it would be a good thing if the judges in the matter could be made to look the family and colleagues of the deputy in the eyes, in person, while explaining why the decisions were made regarding bail. To me, this may be the best kind of accountability, to be required to explain your actions to those directly and dramatically affected.

I agree with this! This should be required at the judge's disbarment proceedings.

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I wouldn't want to be a Judge with constituents like y'all.  You think he goes home and says "Hey honey, I had a good day, I let a man go free and he killed a cop, so business is good"

 

No he goes home and he silently reflects upon his failure, and if we are lucky he forgets it and moves on.  Otherwise he becomes one of those uncompromising hanging Judges that never gives anyone a break, or a fair hearing.  It's a hard job-don't be so quick to condemn

 

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