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Author Topic: Interesting question about Cruel and Unusual Punishment  (Read 359 times)

emarejay

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Interesting question about Cruel and Unusual Punishment
« on: January 22, 2008, 06:43:12 PM »
I heard on the radio about a lady who was ordered by a federal immigration judge not to work because she was convicted of a felony which she served a full term for. She wasnt a US citizen, but was from a country we don't physically deport to. Therefore, after she was released she went about her business, completing community service and the other terms of her sentence. Since the crime was larceny and the stolen item was never recovered, she was ordered to pay restitution to the victim. Unable to pay the restitution, her probation department recommended 1-3 years in prison. She apparently was sent back to prison by the state court.

First this sounds like debtors prison.

Second, how in the hell are you gonna pay restitution when you have a federal court ordering you not to work? If you violate that order, there's probably strict penalties.

Is it just me or is there something CLEARLY wrong here?

My law school did not teach that C & U punishment in con law 1 or 2. I didn't take sentencing or adjudication, so if it pops up there, I havent been exposed.

To me it just seems like it obviously is wrong and somebody badly screwed up. 

jacy85

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Re: Interesting question about Cruel and Unusual Punishment
« Reply #1 on: January 22, 2008, 06:56:27 PM »
If she is an illegal, she's not entitled to work as far as I know (at least going from the little I know about it and the requirements of employers to check for citizenship).

As for where she was from...maybe there's some policy I've never heard of, but I thought that if you're in the country illegally, it doesn't matter where you're from re: deportation.

As for being sent back to state prison - there's no problem with it.  Probation is not a right, it's a privilege.  It is a possible alternative to prison as a way of "paying your debt to society."  If you can't meet the terms of your probation (either you can't/don't pay your fines, you're a drug addict and can't stay clean, whatever the reason), you lose the privilege of being out on probation.

emarejay

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Re: Interesting question about Cruel and Unusual Punishment
« Reply #2 on: January 22, 2008, 07:19:47 PM »
Yea but it isn't a probation violation. Her original sentence was 365 days and then a year of probation with community service and restitution.

If you serve the year and are complying with your probation but CANT pay restitution because you CANT work, I don't see how you can be re sentenced for such a longer time.

Yea who knows, I hate hearing about this crap. I know very little crim law and I don't intend on knowing much.

jacy85

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Re: Interesting question about Cruel and Unusual Punishment
« Reply #3 on: January 22, 2008, 08:02:02 PM »
Yea but it isn't a probation violation. Her original sentence was 365 days and then a year of probation with community service and restitution.

If you serve the year and are complying with your probation but CANT pay restitution because you CANT work, I don't see how you can be re sentenced for such a longer time.

Yea who knows, I hate hearing about this crap. I know very little crim law and I don't intend on knowing much.

You didn't say in the original post that she had only 1 year probation.  The most you're allowed to "take" for a probation revo is the maximum amount. So if you're sentenced to 5 do 1, you do 1 year in jail, and then serve the remaining 4 on probation.  There are likely different rules by state, but in GA how much probation you can revoke depends what you've gotten in trouble for.  If you've committed another felony, then we can revoke the balance of your probation (in the example, that would be all 4 years).

So if she got a 2 serve 1, and have only 1 year of probation to serve, the most amount of time she can go to prison for is 1 additional year.

I'd double check your facts on this and make sure you didn't hear wrong maybe.