Franklinia_Alatamaha

Franklinia_Alatamaha t1_j9h6inc wrote

Honestly, and respectfully, what the holy hell are you talking about?

This dog was actively attacking and biting her dog. This dog was not restrained by their owner, did not have a muzzle on, and wasn't just barking - it was mauling another dog. This has absolutely nothing in common with your situation, except it involves a dog.

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Franklinia_Alatamaha t1_iycvlr0 wrote

Correct, it was not. A.) Felony Murder is Murder in the 2nd Degree in PA and is punishable *only* by a determinant life sentence (in prison until you are dead, no exception), B.) He was not convicted of Murder in the 2nd Degree or any type of Murder charge, C.) He was convicted of Voluntary Manslaughter.

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Franklinia_Alatamaha OP t1_ixipi1f wrote

>Incapacitation is great and all but he would have been let go in two or three years. Do you have a crystal ball to show that the same result wouldn’t have happened later down the line? I’m sure you would’ve complained had he been arrested later on that the sentence of three years for aggravated assault was a joke.

You went from "you don't have a crystal ball" to "you would have complained if the situation was different", and I think you did it unironically. You're completely off base with this, and you're now trying to use that crystal ball you hate so much.

If he was sentenced to a minimum like he should have been, he would have still been locked up. He physically could not have done what he did. He would have been sitting up at Phoenix or Coal Township or wherever.

The guy got 10% of the sentence that the sentencing guidelines called for. Objectively, unless you're Larry Krasner or Jane Roh, that is insanely stupid.

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>Secondly, there are plenty of other counties that would’ve given that low of a sentence, for a wide variety of reasons. Reasons like limited prosecutorial resources, unwillingness of witnesses to testify, or just generally weak evidence from the police.

Respectfully, this is wrong. Philadelphia has a very well known reputation state wide for exactly these types of sentences. It is by far the most lenient county in the state. Anyone arguing the contrary isn't doing so from a good faith position.

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Franklinia_Alatamaha OP t1_ixilxgm wrote

>locking people up for longer actually appears to increase their chances of recidivism slightly

If he had gotten the 2-3 year minimum he was supposed to get int he first place, he would have literally been in state prison instead of committing home invasion robberies. This isn't a recidivism argument, this is "he should have never been on the streets in the first place" argument. And the sentencing guidelines support that argument. He got a literal small fraction of the sentence the guidelines said he should have gotten.

>Second of all, parole is going to be handled by the Parole board, not the DA's office.

I think you're not familiar with how parole works in this state. Since the DAO gave him a 3 month sentence, it made it a county sentence that he was automatically and immediately paroled from (again, at the recommendation of the DAO). If he as given a state sentence (anything more than a 1 year minimum), the parole decision goes to the DOC's parole board. By giving him a 3 month sentence, they removed the decision of parole from the parole board and made it a DAO negotiated sentence. State sentence release dates cannot be negotiated, so they avoided that "problem" by giving him a very short county sentence.

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>Third of all when it comes to what charges they negotiated, no DA office in the country is going to pull a lot of resources into a low profile AA and arson charges, even in wealthy counties they're overworked and will hope for a plea deal.

There are 67 counties in PA. 66 of them would not have given this joke of a sentence.

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Franklinia_Alatamaha OP t1_ixiekja wrote

This is not correct. They are almost exactly equal on the offense gravity score grading (and he was convicted of the higher Felony 1 Aggravated Assault): https://pcs.la.psu.edu/guidelines-statutes/sentencing/7th-edition-sentencing-guidelines/

Also, the arson charge alone for a first time offender called for a /minimum/ of a 2 to 4 year to 3 to 6 year state sentence. Instead of 22 to 36 months at the absolute minimum upstate, he got three months. And he was immediately paroled. And the DAO negotiated that sentence.

Dude literally got 10% the sentence he should have gotten.

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Franklinia_Alatamaha OP t1_ixi8k9p wrote

https://twitter.com/PhillyCrimeUpd/status/1595461657605836800

On probation. Had Aggravated Assault and Arson charges that had him enter a negotiated sentence of 3 months confinement and two years probation. Three guesses what DAO administration negotiated that deal. And he was already in violation of probation for absconding.

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