Text 24673, 63 rader
Skriven 2008-12-07 12:41:22 av Lee Lofaso (3:800/432.0)
  Kommentar till text 24578 av Robert Bashe (2:2448/44)
Ärende: Freedom and democracy
=============================
Hello Robert,

>RB>...Generally a "life sentence" doesn't really mean "life", only a
>RB>certain number of years. In Germany, a "life" sentence is often only
>RB>15 years. Then the murderer is free and his victim has long since
>RB>rotted in his grave.

>LL>Germans get off easy.

RB>In case of murder. If I remember correctly, the maximum
RB>sentence for an underage (below 18) murderer is 10 years.

If a child commits such an act here he/she is sent to a juvenile
facility and then released at age 18.  Unless state law allows children
to be sentenced as adults.  In which case even an eight-year-old child
could get life in prison without benefit of parole.  It used to be the
child could get the electric chair, hanged, shot, gassed, or given a
lethal injection of drugs, but the US Supreme Court ruled it
unconstitutional to execute children.

RB>BUT property crimes, particularly tax evasion, will usually
RB>be punished more severely than anything but first degree
RB>murder - beat up someone and cripple them for life, and you
RB>might even get off with a suspended sentence.

Here an individual can get a shrink to declare him/her nuts, get
treatment, thus cured, and never have to spend a day in prison.
Worked for John Hinckley (he shot Ronald Reagan in a bid to impress
a child movie star).

RB>The German system is flawed in this respect, and many
RB>people have commented on the fact over the years, but not
RB>much has changed.

Germany is not much different than other European countries in
that respect.  What to do with all the bad apples?  My solution
would be to use the prisoners as slave labor - to build habitats
and mining facilities on the Moon.

>RB>Incidently, there is no requirement that the murderer repent in order
>RB>to be released - at least, not in Germany.

>LL>Why should a murderer repent once he/she has done the time?

RB>The Germans, like the Japanese, tend to think this
RB>constitutes mitigation. If you express regret and confess
RB>fully when brought to trial, you can usually expect
RB>favorable treatment when sentenced. And the same applies
RB>when you apply for parole. Your chances are better if you
RB>express regret.

Here, for those convicted of federal crimes, a judge does not have
much leeway in sentencing.  That is why O.J. Simpson's apology was
totally meaningless, the judge going on to sentence him to a very
lengthy time in prison.

--Lee


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