25 Year Sentence for Driving Drunk Versus Probation for Prison Guard Who Raped Inmate

25 years without the possibility of parole.

What did this guy do? Rape? Murder? Armed Robbery? A botched terrorist attack?

Nope. He drove drunk.

Granted, he drove drunk a lot. Actually, this was his fourth driving while intoxicated conviction.

But driving is a bit of an overstatement… he was arrested in the parking lot after turning on his car and pressing the brakes.

The man said he was just sitting in his car waiting for a cab. That is probably a lie. This guy is clearly irresponsible. His blood alcohol content was .276 which would put most people down for the night with a bad headache the next day. It was completely reckless for him to attempt to operate a vehicle in such a condition.

But 25 years in prison? No one was actually hurt by his behavior. Yes, many people could have been hurt. He was putting other people at risk for his own selfish reasons. But that is still a pre-crime. What he did was a crime because of what that behavior could lead to, not because of actual harm done to any person.

I think people should be punished for actual harm they do, not for victimless crimes. But forget the philosophical consistency for a minute and just think about this subjectively.

People who actually kill someone drunk driving don’t usually get that kind of sentence. In the last month, a man drunk driving in New York got 3.5-10.5 years for hitting and killing an elderly couple. A California man hit two pedestrians, killing one, left the scene, and was sentenced to one year in prison. A woman did get a 25-year sentence for killing one pedestrian and injuring another while under the influence, but she will be eligible for parole after 5 years.

At the trial of the man who never hurt anyone, the prosecution presented three prior DWI convictions which weighed into his conviction and sentencing. Yet judges routinely do not allow that kind of evidence for much more serious crimes. In one murder trial past violent crimes against women, even with the same style of assault, were not allowed to be presented at trial.

The court ruled that the sentence is not excessive because it was his fourth DUI arrest. The prosecutor says we owe law enforcement a debt of gratitude for keeping us safe.

But what happens when law enforcement commit serious crimes with actual victims?

A corrections officer was found guilty of raping a male inmate. His sentence: two years of PROBATION. He did not even get a single day in jail. For RAPE. Of a prisoner who could not fight back or run away.

So a man will be put in jail for 25 for driving under the influence, and guarded by people who could literally rape him, and not even face a single day in prison.

The man who was raped by a prison guard sued the prison alleging cruel and unusual punishment and failure of the prison to protect someone in their care. The court rejected his claims and dismissed the lawsuit.

A former Nebraska prison inmate who was sexually assaulted by a corrections officer in 2012 can’t pursue civil damages against prison officials who placed him in solitary confinement after he reported the rape.

The contrast between civilian and government officials is stark. Government officials get off basically scot-free for actual serious harm to victims.

And for the civilians, the sentencing can be harsh but follows no sane guidelines. This is not meant to be a defense of drunk driving. The point is that victimless crimes are often punished more severely than actual wrongdoing.

Under a common law system where all suits derive from conflicts between individuals–victimizations–this would not be the case.

You don’t have to play by the rules of the corrupt politicians, manipulative media, and brainwashed peers.

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Comments

SoDamnMad garypaul Wed, 03/21/2018 - 05:26 Permalink

The so-called “affluenza teen” is set to be released April 2 after serving a 720-day sentence for violating the terms of his probation relating to a 2013 drunken-driving wreck that killed four people.

I was so rich I didn't think that being irresponsible was wrong. Nice fucking defense. I'll remember that one. 

In reply to by garypaul

pazmaker lew1024 Wed, 03/21/2018 - 08:06 Permalink

I could careless what they do the bedroom as well the problem is many(not all) have become militant about it and push an agenda on everyone.  

  I currently work with a gay right now and he is a fine person, good supervisor and good worker.  He doesn't worry about broadcasting everyday that he is gay, however I have in the past worked with other gays who, at every opportunity broadcast it and wants the world to know.

In reply to by lew1024

Bigern hedgeless_horseman Wed, 03/21/2018 - 00:26 Permalink

"If men were angels no government would be necessary, if men were governed by angels, no controls on government would be necessary." Heard that somewhere once. Problem is, we aren't, and we aren't. Other problem is, not all angels are good, and they have been working relentlessly at twisting the minds of those men who are in government. No person in position is free from wicked spiritual influence. The ruler of this world is not Satan without qualification. He can appear as an angel of light, and his fellow ministers likewise. People who believe they are communing with the dead are fools. Familiar spirits are everywhere, allowing humans to believe what humans desire to believe. Desire for the forbidden found its way into Eve through what vehicle? The serpent's lies facilitated imagination, desire, and rebellion. There will be no just government until He who comes will destroy those imitators with the sword of His mouth. Only then will truth reign. Only then will all lies be exposed openly, putting a great many to shame. Every knee will bow, every tongue confess. Legion was terrified that this day had come early, as it encountered the Son of Man on the shore. 

 

In reply to by hedgeless_horseman

CoonT Tue, 03/20/2018 - 20:57 Permalink

Is society close to the breaking point yet? Other than some better cardio, I am GTG. Bring on the liberozombie apocalypse! 

 

 What more is it going to take, before everyone finally just loses it? I mean, I'm a patient guy, but still? Let's get this show on the road already, so we can have it all cleaned up by the time our kids are teens.

lew1024 CoonT Wed, 03/21/2018 - 07:58 Permalink

Don't be silly. You think a revolution gets 'cleaned up'? In less than a generation?

The civil war in the US killed so many men there were very many spinsters in that generation and the one following.

Revolutions are bad, guerilla revolts are far worse.  We aren't the only ones armed, you know, and there is no shortage of damage-making supplies in a first-world economy.

No, there are many ways to solve this short of shooting people, and we should use them all before the first shot is fired.  After that, I like John Ross's "Unintended Consequences", targeting individuals, night letters, etc. Pick someone you know to be a bad guy, and individually take them out. No mass formations, just individual judgment individually exercised.

That has the highest threshold and the least side effects, it seems to me.

In reply to by CoonT

BabaLooey Tue, 03/20/2018 - 21:05 Permalink

The motherfucking...."justice" system.....

is fucking BROKEN...

The sheer amount of links that attest to this FACT.....

would fill an entire ZH thread.

BROKEN.

Zer0head Tue, 03/20/2018 - 21:56 Permalink

a good ole boy from the bayou 25 years hard labor (pay attention Kim Jung Un - Amerika not much different than DPRK

meanwhile this dude in Toronto was drunk as skunk driving home after his private jet landed and he proceeded to  kill three kiddies and their grandpa and banged up grandma and a sister pretty bad

well he about to go free after being sentenced to 10 years in March of 2016 to a country club jail

https://www.thestar.com/news/gta/2017/09/28/impaired-driver-marco-muzzo…

Corrections Canada did provide Muzzo’s schedule for release, including his eligibility for day parole, on Nov. 9, 2018; full parole eligibility, on May 9, 2019; his statutory release date, June 18, 2022; and his warrant expiry, June 28, 2025.

thebeek Tue, 03/20/2018 - 22:42 Permalink

Dui's cover fed state and county courtroom mortgages, judge salaries an entire troop of DA's not to mention mandatory counselors who have 1% success and No Clue of the problem.

And this crowd protects us from risk of leaving the house in the morning.

rwe2late Wed, 03/21/2018 - 08:54 Permalink

 Driving while drunk is NOT a "pre-crime".

It is a crime in itself, similar to threatening or stalking, or disregarding rules of road such as stopping for a school bus etc.

Were someone injured or killed, an additional penalty should be for the actual causing of injury or death.

 

That being said, probation for a guard raping an inmate seems too lenient.

(Similar to a teacher raping a student or counselor raping a patient)

And 25 years for drunk driving by itself too draconian. There appears to be a rather obvious mental health issue (with both judge and accused).

rwe2late Ben Tornilloed Wed, 03/21/2018 - 12:53 Permalink

you obviously lack reading comprehension, dumbfuck

the author of the article alleged

" Yes, many people could have been hurt. He was putting other people at risk for his own selfish reasons. But that is still a pre-crime. "

" I think people should be punished for actual harm they do, not for victimless crimes."

The author makes mistaken  generalizations about "pre-crime".

Where should the line be drawn? Is failing to stop for a school bus just a "pre-crime" for which there should be no punishment if no child was actually run down? The author confuses the issue by conflating terms like "victimless crimes" (e.g. smoking pot in private) with drunk driving and instances where no one has actually been injured or killed.   What about conspiracies or personal threats?

Most all of us can agree that punishment for a "pre-crime" simply because one fits a psychological or political or ethnic  profile is highly suspect if not outrageous.

In reply to by Ben Tornilloed

Snaffew Wed, 03/21/2018 - 09:18 Permalink

they should get rid of the term---"Judicial System" and replace it with the title--"Power and Profit System".  There are no standards or ethics in the Judicial System---I believe they are the true criminals in society.

To Hell In A H… Wed, 03/21/2018 - 10:25 Permalink

How can any fucking judge view 21 years, irrespective if the cunt is a repeat offender for drink driving, as reasonable? The USSA and its deluded elite and the complete rot that society has become, must be turned into a fucking pariah state, left to fester in its own shit and stew in its own contradictions. That nation has lost perspective of right and wrong, good and bad. Manifest destiny my fucking arse.