Someone posted about the recent sentencing of a man in California accused of putting his infant son inside an oven causing him second and third-degree burns. When I clicked on the link to read more about the news, I was in shock at the sentencing - just one year in jail including time served, which leaves him with a few more months in jail! My next thought was: is that really fair?
The accused was convicted of one felony count of child endangerment and one felony count of cruelty to a child, still only sentenced to one year. The incredible thing about the whole story: allegedly the man put the
baby inside the hot oven to teach him a lesson about hot surfaces!!!
The nerve of some people; yes, he does not deserve to be even called a
parent.
Things like this are what make me doubt the whole justice system sometimes. I know that as an attorney you have to defend the Constitution, which includes the Bill of Rights, and you have to give adequate representation to the client, but even to this extent? I don't have all the details of the conviction, but my best guess is that the guy pleaded guilty and made a deal with the Prosecutor for a lower sentence. In federal court, plea agreements are not binding to the Court, but I don't know about California courts.
I remember last Fall in my Criminal Procedure course (during my LL.M.) discussing the topic of plea agreements: should we keep them? Do they have more advantages or disadvantages for the criminal system? There were people in favor, including the professor, and people against them. Fact is that around 90% of criminal cases are solved through plea agreements, so they are good for judicial economy. But do they help towards achieving justice? What do you think?
If you want to read the article, click here.
Hi Griselle.
ReplyDeleteI agree with you in terms that maybe we do not achieve justice through plea agreements. The truth is that many cases can't be solve unless we have an agreement. But I think that in cases like this the agreement should have more years to establish a precedent, an example to all the parents that ill-treat their child.
Doesn't justice include ethics and rationality? To me, they're not being very ethical or rational with this case. Where's the morality? The justice system is messed up and although I know very little about Law, I do know what justice means.
ReplyDeleteOh dear, I can't even read such articles after I gave birth... Some people are not even worth be called as such... Horror!!!
ReplyDeleteI agree. After you become a mother, things like this feel very real and close to you. So when I read an article like this, I can't help but feel anger towards the person who endangers the life of an innocent child.
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