Ohio Judge Orders Woman to Spend Next Five Christmases in Jail

[aGameOfThrones]

An Ohio judge has sentenced a woman convicted of illegally selling drivers licenses to five days in jail - the next five Christmas days.

The unusual sentence for Betina Young, 44, of Columbus, is what Judge Michael J. Holbrook calls a "Holbrook Holiday."

The judge of Franklin County Common Pleas Courthouse asks the convicted defendants for their favorite holidays -- their birthday, the Fourth of July -- and then sentences to them to spend that day in prison.

"I've been doing this for nine years now," Holbrook told ABC News. "I take some date that is important to the individual and make them give it up. For example, if they celebrate Christmas, I would make them go to jail for three to five days during the Christmas holiday so they miss Christmas Eve and Christmas Day with their families."
Young was sentenced to her "Holbrook Holiday" on Monday for issuing state ID cards and driver's licenses to immigrants who entered the country illegally, according to the Associated Press. In addition to five years probation and a $3,000 fine for tampering with state records Young must also go to jail each Christmas for the next five years, Holbrook said.

"In Young's case, as in other cases where I have done this, I thought that the gravity of the situation deserved some sort of reminder of what could happen if they do not comply with their probation," Holbrook explained.

If Young violates her probation she would be sentenced to 15 years in prison, according to her sentencing report.
Holbrook said he got the idea from federal court judges who will sometimes sentence individuals to jail on every federal holiday throughout the year.

"I could make them go to jail on every holiday if I wanted to," Holbrook said. "But I just make them go on their favorite day, like their birthday. In one case I made one man who was very involved in his community go to jail on the Fourth of July."

Holbrook estimates that he has given "Holbrook Holidays" to approximately 40 people.

"With the cost of prisons rising in Ohio, this really is an alternative and effective form of sentencing," Holbrook said.

http://gma.yahoo.com/ohio-judge-ord...ristmases-180802802--abc-news-topstories.html

 

[Anti Federalist]

Well, if I ever go before this judge I'll be sure to say the Feast of the Fifth Day of Omer.

 

[Occam's Banana]

My pick: Durin's Day

 

[Nobexliberty]

My pick: Valentines day, then I have a good excuse to be alone on that day.

 

[Neil Desmond]

Unusual punishments are unconstitutional.

 

[VoluntaryAmerican]

My pick: Valentines day, then I have a good excuse to be alone on that day.

The wife's birthday? Miss out on a few expensive presents.

 

[Nobexliberty]

The wife's birthday? Miss out on a few expensive presents.

That is the point, if my wifes birthday is on valentines day and I am in prison on valentines day I do not have to bring her a gift for neither her birthday or valentines day.

 

[wormyguy]

Unusual punishments are unconstitutional.

"Cruel AND unusual." I don't think this quite meets the standard of cruelty.

 

[Neil Desmond]

"Cruel AND unusual." I don't think this quite meets the standard of cruelty.

Yes, in logic, with a statement like A := B and C, A is true only when B is true and C is true, otherwise A is false. But I don't think it works that way in ordinary English language, because it's not preceded by the word "both." If I say, "this basket has red and green apples," does that necessarily mean there's both red and green coloring to each individual apple in that basket? You're wormguy, so you ought to know apples.

 

[AFPVet]

http://constitution.laws.com/the-supreme-court/cruel-and-unusual-punishment

Cruel and unusual punishment refers to the punishment inflicted upon a person to create as much suffering and humiliation on that person as possible. All capital punishments throughout most of the world's recorded history have been purposely designed to be extremely painful.

Examples of such painful acts of capital punishment include boiling to death, flaying, disembowelment, crucifixion, crushing, sawing, impalement, and necklacing which were practiced in many different countries throughout the world, such as France, England, Germany and the countries of Asia. Such punishments were not only cruel and painful because of the method in which they were carried out, but also because of the occasionally slow process in which they were carried out leading to further suffering. Impalement and crucifixion often required the condemned person to suffer for many days before finally dying.

Notable Cases Pertaining to Cruel and Unusual Punishment

Today, many of the countries which have performed such acts of punishment on condemned persons have ceased to do so and have been deemed unacceptable. The English Bill of Rights described such acts as unacceptable and the same idea was finally adopted when the Eighth Amendment of the U.S. Constitution was written. The Supreme Court has examined this portion of the Amendment in several cases, including Louisiana ex rel. Francis v. Resweber and Robinson v. California. The former case determined that the Cruel and Unusual Punishment Clause applied to the states through the Due Process Clause of the Fourteenth Amendment.

 

[LibertyEagle]

I think I'd prefer spending 5 days in jail spread out over 5 years than 1 year solid. Even if those 5 days were on Christmas.

 

[BlackTerrel]

A lot of judges are just dicks - and seems like they can get away with whatever they want.

 

[Nobexliberty]

What is Cruel and unusual has gone off. It used to mean having your hand cut off or being burned at a stake but now flogging is cruel.

 

[phill4paul]

Some simply say that TODAY, or any day, is NOT the day I'm going to jail. That's a good mantra to wake up to. IMHO.

 

[phill4paul]

I think I'd prefer spending 5 days in jail spread out over 5 years than 1 year solid. Even if those 5 days were on Christmas.

Yeah this is just bullshit. Under this logic one could be sentenced to 20 years. Yet the judge says that you have to serve every other day. Thus sentencing you to 40 years and destroying your life.

TODAY is NOT the day I am going to jail.

 

[HOLLYWOOD]

February 29th

Just tie a hell of a one on at a going away party on XMAS eve... then sleep it off on XMAS day.

 

[jclay2]

This seems wrong. A punishment should be continuous with a defined beginning and end. It seems that this just allows judges to drag on punishments.

 

[eduardo89]

Clear violation of 1st and 8th Amendments.

 

[presence]

That's 5 bend over and cough sessions.

 

[Anti Federalist]

Some simply say that TODAY, or any day, is NOT the day I'm going to jail. That's a good mantra to wake up to. IMHO.

"I don't think I'm going to let you arrest us today, Beehan."