Wednesday, August 26, 2009

Read This Before You Regurgitate the Populist Viewpoint

Everyone is going nuts about the severity of Plaxico Burress's prison sentence and comparing it to Donte Stallworth's.

First of all, when handing out sentences prosecutors don't (and shouldn't) consult the sentences given for completely different crimes in completely different states, just because the two defendants happen to be in the same profession.

Also, sentences are not based on the results of criminal activity, only on the criminal activity itself. There isn't (nor should there be) a "no harm, no foul" rule (or in this case, "harm only to you, no foul) in the sentencing guidelines. For example, should we only punish drunk drivers who get into accidents?

The fact is Burress brought a loaded gun (no safety), without proper permits town, into a crowded nightclub. He could have shot and killed an innocent person, which is why he had to go to jail. Maybe the length of his sentence is a bit severe, but you do the crime, you do the time.

As for Donte Stallworth, like everyone else I was outraged he only got 30 days (served 24, I believed) for killing someone. But there are some extenuating circumstances here. First and I believe most importantly, there is surveillance video tape of the accident, and it shows the victim, Mario Reyes, did in fact dart out in front of Stallworth's car, and he failed to use the crosswalk.

Now that doesn't absolve Stallworth of guilt for driving while intoxicated but it does complicate matters because perhaps the same accident would have occurred with a sober Stallworth behind the wheel. Or a sober me, or sober you.

Second, Stallworth paid an undisclosed (though presumably large) amount of money to the Reyes family in a civil settlement. While this feels unseemly, it works out best for both parties. The Reyeses, poor immigrants, lost their main breadwinner. He's never coming back whether Stallworth goes to jail for 30 days or 30 years. So why not let them be taken care of financially in retribution for this horrible accident.

To recap, Burress got a fair sentence -- maybe a little harsh -- Stallworth got a light sentence due to extenuating circumstances, but more importantly -- they have nothing to do with each other and once again the uneducated in the sports media have no idea what they are talking about.

4 comments:

master bates said...

I agree except the length of Stallworth's prison sentence does not impact the outcome of a civil trial (just ask OJ). So whether Stallworth got 30 days or 30 years, the victim's family was likely to be compensated (ans should have been compensated). The crime here is our legal system allowing someone wealthy to buy themselves out of trouble. However, as you said, this has nothig to do with Plax's case.

The Concierge said...

This is a matter of states rights and state sovereignty. If you don't like the law in New York, don't bring your illegal guns to New York. If you want to drive drunk without going to jail when you get into an accident that has nothing to do with your intoxication, move to ohio.

Paul said...

MB, what you say is true but statements from the victim's family contributed to his seemingly light sentence.

Conch, Stallworth killed the guy in Florida, not Ohio.

The Concierge said...

[Sic: move to Florida]. When drunks rode their horses home in the 1800s, did the horses know enough to avoid the people darting into the thoroughfare?