Ohio Judge Orders Woman to Spend Next Five Christmases in Jail

Neil Desmond said:
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. :p
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One might also argue that if "cruel and unusual punishments" is to be interpreted as allowing "unusual" punishments (so long as they are not also "cruel"), then it must also be interpreted as allowing "cruel" punishments (so long as they are not also "unusual"). This is very probably NOT what the authors of the Eighth Amendment had in mind ...
 
I wouldn't serve the sentence, one way or another.

Seriously though, this is just stupid. The only possible reasons one can justify locking someone in a cage is either they are clearly a threat to the society in which they live, or if it is a required means to force an otherwise unwilling person to pay restitution. Anyone who is "Safe" enough to let roam for 364 days out of the year certainly doesn't belong there.

The judge in question should be executed for being an agent of tyranny. I've got no patience for people like this. People that dumb who have positions of power don't deserve any rights.
 
"With the cost of prisons rising in Ohio, this really is an alternative and effective form of sentencing," Holbrook said
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I think legalizing drugs would do a lot more for that than gimmicks like this.
 
Well, SCOTUS could take this, and I would tend to agree that prolonging punishments could qualify as cruel and/or unusual.
 
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Locking someone in a cage because you literally think they are going to kill or seriously harm someone else if you don't is one thing. Granted, I still usually think there's a better way of handling it, but I can at least understand why you'd take somebody who breaks into a bank and robs it at gunpoint, or commits rape, or chops off someone's arm with an axe, or commits murder, exc. (Obviously not all of these things are the same severity, but they'd all qualify as "Severe", as opposed to just punching someone in the face or petty theft) and isolate them from society for everyone else's safety.

On the other hand, if you're letting someone out for any length of time, they're obviously not "Dangerous." So you're locking someone in a cage not to protect anyone, but just to torture the prisoner (figuratively speaking.) That's cruel, unusual, and warrants execution for the judge cruel enough to institutionalize such a thing.

Locking someone in a cage without clear cut justification IS kidnapping.
 
AFPVet said:
Well, SCOTUS could take this, and I would tend to agree that prolonging punishments could qualify as cruel and/or unusual.
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She has 15 years over her head.

This woman should be jumping for joy she isn't in penitentiary green. To be clear, I haven't read about her case nor do I much care to but let's be realistic... The judge threw her a bone. Five days? It may be unusual with the current system of trivially throwing someone into a cage for years but really? This isn't cruel, it is un-cruel. (I understand the points OB and ND have made about the term "cruel and unusual")
 
LibertyEagle said:
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.
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Totally, but if you're "Spreading out" a prison term that's just proof that it is simply kidnapping rather than a real attempt to protect society. Locking someone in a cage isn't valid as a form of punishment for anything other than maybe kidnapping, it isn't proportional for anything else.
kcchiefs6465 said:
She has 15 years over her head.

This woman should be jumping for joy she isn't in penitentiary green. To be clear, I haven't read about her case nor do I much care to but let's be realistic... The judge threw her a bone. Five days? It may be unusual with the current system of trivially throwing someone into a cage for years but really? This isn't cruel, it is un-cruel. (I understand the points OB and ND have made about the term "cruel and unusual")
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Its cruel because it recognizes that the person does not need to be incarcerated for the protection of society, and then throws them in jail anyway.

Making fake drivers licenses shouldn't be a crime either, so she doesn't deserve any punishment.

Judge is an accessory to kidnapping and should be punished accordingly.
 
Nobexliberty said:
They could have given her a few lashes instead. It would have worked alot better.
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I support flogging for violent crimes, unless the victim chooses to accept monetary compensation instead.

But ignoring the purely arbitrary state rules requiring permission from His Majesty in order to drive is not a violent crime. Nor is it a crime against any actual victim.

There should be NO punishment for faking a drivers license, because requiring permission to drive is unlibertarian and anti-freedom.
 
FreedomFanatic said:
Totally, but if you're "Spreading out" a prison term that's just proof that it is simply kidnapping rather than a real attempt to protect society. Locking someone in a cage isn't valid as a form of punishment for anything other than maybe kidnapping, it isn't proportional for anything else.
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See, you'd prefer the judge to resign on principle. That's well and fine. The person who replaces him would have given her ass five to seven years in a state prison. You don't seem to get that. The judge did the woman a favor. (aside for the 15 years over her head)

Its cruel because it recognizes that the person does not need to be incarcerated for the protection of society, and then throws them in jail anyway.
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Non-violent drug offenders routinely get years. They don't deserve it. Would you acknowledge that instead of getting the mandatory minimum sentencing to five or so years, that it'd be better if they got one day every year they had to take off? Not even a work day too - A damn holiday. Their job probably is still intact, their life minimally derailed... are you kidding me? Wait until you see football numbers (50, 60, 100 years) for non-violent drug offenses. Talk to me then about how cruel five days over five years is.

Making fake drivers licenses shouldn't be a crime either, so she doesn't deserve any punishment.
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A subject for another discussion. It is a crime. Whether it should be or not hardly plays a bearing. (to the topic of cruel and unusual punishment)

I feel worse for the 15 years over her head, which truth be told she will probably violate and get, than I do for the five Christmas days. Christmas is the best day to be in on. She gets a special meal and the guards aren't going to be assholes towards her. Watch tv late and eat more than a damn apple and bagel for breakfast. Sounds wicked. Tell you what, have her go get a prescription they hand out like candy from her doctor for trazodone or Ambien . She'll sleep through that day. You could sleep through it anyways.

Judge is an accessory to kidnapping and should be punished accordingly.
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The judge should be commended on not wasting a quarter million dollars to lock the woman up.
 
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kcchiefs6465 said:
See, you'd prefer the judge to resign on principle. That's well and fine. The person who replaces him would have given her ass five to seven years in a state prison. You don't seem to get that. The judge did the woman a favor. (aside for the 15 years over her head)


Non-violent drug offenders routinely get years. They don't deserve it. Would you acknowledge that instead of getting the mandatory minimum sentencing to five or so years, that it'd be better if they got one day every year they had to take off? Not even a work day too - A damn holiday. Their job probably is still intact, their life minimally derailed... are you kidding me? Wait until you see football numbers (50, 60, 100 years) for non-violent drug offenses. Talk to me then about how cruel five days over five years is.


A subject for another discussion. It is a crime. Whether it should be or not hardly plays a bearing. (to the topic of cruel and unusual punishment)

I feel worse for the 15 years over her head, which truth be told she will probably violate and get, than I do for the five Christmas days. Christmas is the best day to be in on. She gets a special meal and the guards aren't going to be assholes towards her. Watch tv late and eat more than a damn apple and bagel for breakfast. Sounds wicked. Tell you what, have her go get a prescription they hand out like candy from her doctor for trazodone or Ambien . She'll sleep through that day. You could sleep through it anyways.


The judge should be commended on not wasting a quarter million dollars to lock the woman up.
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Why couldn't the judge have just given her no sentence?

Its painfully obvious the judge's goal here is not mercy. Based on what he said in the OP.

I don't think the judge should resign, I think he should cut through the BS and actually inform the jury of jury nullification, whether he's actually allowed to do that or not.
 
This Judge , I think he may have some childhood issues , law school was probably not a good place for him.....
 
"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."
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His intent here is clearly not to alleviate suffering. His line of thinking is sick, locking up the nonviolent is evil.
 
She will have to be processed in and out of jail 5 times, nothing like blowing even more $$$ we don't have. Almost 17 trillion!
 
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