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Brown to have no Jail time
Posted: Tue Aug 02, 2005 8:10 am
by SACCAT
The plea agreement he got gives him 3 years defered. No Jail time.
What do you all think
Posted: Tue Aug 02, 2005 8:33 am
by hokeyfine
that's only if he passes(?) a psyco-sexual evaluation.
Posted: Tue Aug 02, 2005 8:37 am
by Grizlaw
I have mixed feelings. On the one hand, I am usually skeptical that sex offenders can really be rehabilitated, but on the other hand, if he *can* be rehabilitated, then I would prefer to see him get help and become a productive member of society than be sent to prison.
In the end, I guess my take is that if the independent examiner determines that he can be treated, then I would agree that that is the best course of action.
Posted: Tue Aug 02, 2005 9:12 am
by Ponycat
THey will do the evaluation, then a pre-sentence report will get done, likely by a probation officer, who makes a recommendation. Niether the pre-sentence writer or more importantly the judge is bound by the plea agreement, but if the sentence differs for the plea, he can withdrawl the plea and go to trial.
A deferred sentence is fairly common in these types of cases, but the length of time has a lot to do with the victim, and how they feel. It will be interesting to see how it plays out. Regardless he will have to register as a sex offender for the rest of his life.
Posted: Tue Aug 02, 2005 11:04 am
by UMclassof2002
It doesn't seem like a lock him up and throw away the key situation. If this was just an error in judgement, it would be a shame to ruin a life with an extended incarceration.
I might not feel the same way if it was my daughter/sister.
Posted: Tue Aug 02, 2005 12:31 pm
by Grizlaw
UMclassof2002 wrote:I might not feel the same way if it was my daughter/sister.
I'm sure none of us would. If the victims of crimes and their families got to decide how much time the criminals had to spend in prison, I suspect pretty much everyone who committed any crime would get a life sentence. Personally though, I'm glad that's not the system we live in.
Posted: Tue Aug 02, 2005 1:50 pm
by Hell's Bells
Grizlaw wrote:UMclassof2002 wrote:I might not feel the same way if it was my daughter/sister.
I'm sure none of us would. If the victims of crimes and their families got to decide how much time the criminals had to spend in prison, I suspect pretty much everyone who committed any crime would get a life sentence. Personally though, I'm glad that's not the system we live in.
i would love to see him do at least a half a year in the slammer. I think we discussed this on a different thread, seems like it was not just statitory rape but rape as well. oh well, another reason to hate the justice system. on a side note he has to register as a sexual offender wherever he goes. now will that help him mix well in society, let alone get a good job?
Posted: Tue Aug 02, 2005 2:44 pm
by Ponycat
quote]I'm sure none of us would. If the victims of crimes and their families got to decide how much time the criminals had to spend in prison, I suspect pretty much everyone who committed any crime would get a life sentence. Personally though, I'm glad that's not the system we live in.[/quote]
Per Montana Code Annotated 46-18-115(4(b)) the court is requried to consider the victim's statements/wishes.
Along with a long list of other criteria.