This was in Texas, but we ( students ) worked on a project and at that time it was directed more at the Hispanic population --but the discrepancy in sentencing was an eye opener . Everyone jumps right to "the people of color are getting longer sentences'
and ignoring the "why" I am not saying the longer sentences are correct or even deserved but how the person got their sentence and why is different .
The most important part of this procedure seemed to be what "charge" the prosecutor decides to start with and where/what he is willing to deal down to. ( if a felony, remember the Grand Jury is basically a "rubber stamp" for the prosecutor.)
and then
The details of the crime, the details of the arrest ( per the officer ), criminal history, the district tried in ( some districts hand down harsher sentences than others and the harshest ones are in the high crime area of a city ), the "mandatory minimum" after the prosecutor has settled on what to charge them with, then the opinion of a probation officer, and finally the Judge, listening to both sides and making a decision based on the "mandatory minimum" and doing so with a full calendar .
All this and most of these folks are being represented by an overworked, underpaid, public defender. A high priced attorney can absolutely change the charge before it goes to court ( obviously not true in some felony cases )
BUT, like others have said, like Nameless Range who posted as I was typing this. I have never been arrested but I have ben stopped by LEO's. I did everything they ask me to do, even the one time that it did not seem "fair". But I followed their orders and drove home. For the record I pleaded my case to my father and he told me I needed to work a few more hours so as to pay for the ticket ---no sympathy at home either
But I didn't argue, didn't get hurt, and didn't get arrested------- by following his orders--even when I didn't agree with them..
and ignoring the "why" I am not saying the longer sentences are correct or even deserved but how the person got their sentence and why is different .
The most important part of this procedure seemed to be what "charge" the prosecutor decides to start with and where/what he is willing to deal down to. ( if a felony, remember the Grand Jury is basically a "rubber stamp" for the prosecutor.)
and then
The details of the crime, the details of the arrest ( per the officer ), criminal history, the district tried in ( some districts hand down harsher sentences than others and the harshest ones are in the high crime area of a city ), the "mandatory minimum" after the prosecutor has settled on what to charge them with, then the opinion of a probation officer, and finally the Judge, listening to both sides and making a decision based on the "mandatory minimum" and doing so with a full calendar .
All this and most of these folks are being represented by an overworked, underpaid, public defender. A high priced attorney can absolutely change the charge before it goes to court ( obviously not true in some felony cases )
BUT, like others have said, like Nameless Range who posted as I was typing this. I have never been arrested but I have ben stopped by LEO's. I did everything they ask me to do, even the one time that it did not seem "fair". But I followed their orders and drove home. For the record I pleaded my case to my father and he told me I needed to work a few more hours so as to pay for the ticket ---no sympathy at home either
But I didn't argue, didn't get hurt, and didn't get arrested------- by following his orders--even when I didn't agree with them..
