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Geek Culture / Unfair Sentencing

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Gunn3r
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Posted: 16th May 2009 01:59 Edited at: 16th May 2009 02:22
http://www.cnn.com/2009/CRIME/05/14/morehouse.justice/index.html

Quote: "ATLANTA, Georgia (CNN) -- About 500 students will graduate this weekend from Atlanta's prestigious Morehouse College. One person who won't be there is Rashad Johnson, shot three times by a fellow student. But the shooter will receive his diploma -- part of a plea deal that spared him up to 20 years in prison.


Joshua Brandon Norris was given a plea deal that avoided jail time and mandated he stay in college.


It's a puzzling case that raises a huge question: How can this be?

Even Atlanta's chief district attorney, Paul Howard, is outraged by the generous plea deal, an offer that was made by a prosecutor under his command.

"First of all, for the victim and his family, they deserved a better resolution," said Howard, a Morehouse graduate himself. "It seems like the wrong person got the right benefit."

Joshua Brandon Norris faced one count of aggravated assault with a deadly weapon and a second count for possession of a firearm during the commission of a felony. But in a court hearing in January, he was presented with what the judge described as "the break of your life."

He pleaded no contest to the first count; the second charge was dropped. He got six years of probation, a $1,000 fine and 240 hours of community service. He avoided any jail time, and the plea also mandated that he "remain in college and complete your college degree," according to court transcripts. The sentence was not the judge's idea, but he followed the prosecutor's recommendation.

Johnson, who still has a bullet in his left leg, says he wasn't told about the court hearing. When he learned of the plea deal, his reaction was: "He's gotta return to college? This criminal?"

Johnson's father died three months before the shooting. He had taken the semester off to grieve for his father, but remained in Atlanta and had planned to return to Morehouse the following semester. After the shooting, he went home to California to be with his mom and recover from his injuries.

His mother, Fahizah Johnson, said, "I am so disappointed because Morehouse has been an institution in my family for three generations."

"This guy shot my son three times, and he's still in school? He's still a student with other students?" she said. "I'm hurt for my son. I'm hurt for his dream deferred, but it's not over. And I'm thankful for his life and I'm thankful for his spirit."

The incident began at a Halloween party in 2007 at an Atlanta club, where Morehouse college kids had gathered for a bash. The club owner said he saw Norris causing trouble, and a bouncer threw him out the front door.

Minutes later, the people in the club heard gunshots and everyone hit the floor. The club owner said the shooter was the man he saw kicked out.

Johnson told CNN that there was an altercation outside the club and that he exchanged words with Norris. He said he didn't think much of it, and he began walking to his car when Norris pulled up in his Hummer, got out of the vehicle and pointed a gun at his head.

"When he put the gun to my head, all I could think about was I'm not going to let this kid take me away from my mom, especially with what she's dealing with right now," Johnson said.

He said he grabbed Norris' wrist and pulled his arm down when shots rang out. "I felt the sharpest burning sensation when the first bullet hit my leg. It actually made my leg buckle," he said.

Norris would not go on camera with CNN, and neither would his attorney. But his lawyer said that at the time of the shooting, his client felt his life was threatened and was defending himself.

CNN also asked Morehouse officials to comment on why Norris was allowed back in school and asked if they ever talked about safety considerations involving other students there. The school had allowed Norris to return to classes, even before the plea was entered.

Morehouse refused to discuss the issue on camera. But in a written statement, the school said, "The college cannot comment on specific student conduct matters, incidents of inappropriate student behavior, whether on or off campus."

The assistant district attorney who made the plea deal could not be reached for comment. Howard, his boss, said that the prosecutor of the case has resigned and that he would have been fired for his handling of this case. Howard feels a stiffer penalty was warranted.

"We are sorry this happened for so many reasons," Howard said. "When something like this happens, I am very upset by it."

He added, "It was an inappropriate sentence."



As for Johnson, he is attending Sacramento City College and plans to attend law school after he graduates in 2011. Johnson said he no longer wants to be a Morehouse man. The fact that Norris is graduating this weekend, he said, is an injustice.

"I really feel sick, like how could this happen," he said, fighting back tears."


What has the world come to, where a gunmen who shoots a guy 3 times gets off with a relatively small fine and a light sentencing of community service? I find it unfair that the gunmen gets to walk the stage at graduation, but the man he shot, the victim, doesn't get that privilege. What are your thoughts on this? Should a man who shot another man be allowed to continue college, graduate with his degree and get a light sentence?

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Diggsey
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Posted: 16th May 2009 02:10
NeX the Fairly Fast Ferret
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Posted: 16th May 2009 02:10
What can I say other than descendant of the one known as Chuck Norris?

Libervurto
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Posted: 16th May 2009 03:54
This is unbelievable. Seriously I'm starting to think we live in a lawless society. I'm gobsmacked at the way the school is handling this, why the hell are they letting this criminal graduate!?
IMO this guy should be locked away for life, no second chances no nothing. We can't let people like that roam the streets and we certainly can't let people think there may be a way to escape punishment or lead a normal life after doing such a crime.
What is wrong with the justice system!!! If rashad hadn't fought back and let this norris kill him he'd have gotten a much heavier penalty maybe even death (if that is law in Georgia) but because he failed to kill him he gets let off!!?? why do people have to die before anyone will deal with problems????
All violent crime should get the death penalty in my book, why don't we just get rid of bad people? Why doesn't rape get the death penalty? That's one that really troubles me.

Sorry for that rant, I think this may be too political for the forums anyway,

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Herakles
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Posted: 16th May 2009 04:12 Edited at: 16th May 2009 04:15
I only skimmed through that, but yeah that guy should have been punished much more severely.

EDIT: I originally said more but I think it went against the AUP, so I just deleted it.

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puppyofkosh
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Posted: 16th May 2009 04:22
What the hell, no second chances, this guy shouldn't be allowed to be part of society, let alone graduate.
Neuro Fuzzy
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Posted: 16th May 2009 04:22
i dunno, it's hard to say...

The jury DID rule that way, so there must be a supportable side to it.

But yeah, this is definitely a messed up ruling.
Libervurto
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Posted: 16th May 2009 04:48
Quote: "The jury DID rule that way, so there must be a supportable side to it."

The names Rashad Johnson and Joshua Norris are quite different.
I'm not saying that's why the judgement was made, I don't know anything more about this case. It's a possibility though; the old problem still exists.

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Toasty Fresh
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Posted: 16th May 2009 05:34
WTF is the world coming to?! Seriously, I'm beginning to think that the entire world's law enforcement force is completely corrupt. The prosecutor deserves a good kicing right up the rear for this, he's flipping brainless.

Hell, I would have given this stupid kid the life penalty just for pointing the gun at his head.

Apologies to users that live in the US, but at the moment I am VERY glad I live in Australia.

"You are not smart! You are very un-smart!"
Plystire
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Posted: 16th May 2009 05:44
The media is known for leaving out a few facts simply to get a message across. For all we know, the jury had a legit reason to rule the way they did.

The way the article puts it, yeah, I agree that he should have had a much heavier punishment, but without knowing more about the facts, I can't say that for certain.


Quote: "Why doesn't rape get the death penalty? That's one that really troubles me."


The problem with the death penalty is that we constantly have things mixed up, or view the situation from the wrong side. What if the person wasn't really raped, but just wanted to get this person in trouble? What if the rape occurred the other way around? As soon as you kill someone and find out that they weren't in the wrong to begin with... there's really no form of "Sorry" to amount to what happened.


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FredP
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Posted: 16th May 2009 05:55
Quote: " As soon as you kill someone and find out that they weren't in the wrong to begin with..."


That would send me to the nut ward for life if I did that.
A death sentence is the most extreme punishment.I do think he deserved a heavier sentence than he got though.

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Libervurto
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Posted: 16th May 2009 05:58
Quote: "The problem with the death penalty is that we constantly have things mixed up, or view the situation from the wrong side. What if the person wasn't really raped, but just wanted to get this person in trouble? What if the rape occurred the other way around? As soon as you kill someone and find out that they weren't in the wrong to begin with... there's really no form of "Sorry" to amount to what happened. "

Then you just kill the other person, simple.
Yes we can never be certain of things but too often nowadays people wont even make a decision for fear of being wrong. We need some hard-line leadership, yes there'll be mistakes, but that's just collateral. Making mistakes is part of what makes us human, that's why we can never have perfect laws: WE have to interpret them. We just have to do our best to abide by our moral codes and have a little more faith in our instincts.
The internet shows you how deformed some peoples' morals are though. Like I just have

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Neuro Fuzzy
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Posted: 16th May 2009 07:27
I don't think that the death sentence should be used except when dealing with absolute lunatics. Killing someone, or jailing them for life, is just a form of revenge. Revenge is bad. He may not be a lunatic at all. Probably, he was just mixed up and angry. Still, it is a light sentence, but that's the decision of the jury.

Obese, the stance your taking is the stance of hitler and stalin. "Sure, some innocent people will die, but it'll be better! i promise!"
Libervurto
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Posted: 16th May 2009 08:55
I know I was thinking it sounded a bit harsh when I read it back lol.
I suppose you have to keep your priorities in mind.
Would you rather let a criminal live or an innocent die?
I think most of us would let the criminal live given that choice.

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Chris K
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Posted: 16th May 2009 09:44
Yeah, in fact it extends to other sentencing; we would rather let a guilty man go free than put an innocent man in jail.

This is why we have "innocent until proven guilty" - other countries - where civil order is no so guaranteed, sometimes have "guilty until proven innocent".

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jrowe
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Posted: 16th May 2009 11:00 Edited at: 16th May 2009 11:05
There's a very good reason the death penalty isn't used for rape. If the penalty for rape is the same as murder, the rapist feels they might as well kill the person they've abused to eliminate the evidence, as the sentence is the same. They cut their losses and minimise their chance of getting caught, so the incidence of rape and murder instead of "just" rape goes up massively.

The whole thing is horrible, and I'd like to think there's another side to the story that we're not hearing, but without the evidence you won't know.

Try and keep this discussion away from an argument over whether the death penalty is justified, such threads never end without a padlock. No doubt the Mods will be keeping an eye on this one in case it floats that way.

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David R
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Posted: 16th May 2009 15:17 Edited at: 16th May 2009 15:18
Quote: "We need some hard-line leadership, yes there'll be mistakes, but that's just collateral."


This reminds me of a paper I wrote fairly recently. I coined a theory which I like to call the "Auschwitz - Gulag effect". Basically, no-one cares about the 'collateral' of something that appears to be a "good thing" until they are the collateral. Just bear that in mind, because injustice may appear tolerable in "small levels" but it suddenly changes when that injustice is used against you.

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mamaji4
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Posted: 16th May 2009 17:03 Edited at: 16th May 2009 17:04
I'm always opening my mouth too wide.

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Leadwerks
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Posted: 16th May 2009 17:59 Edited at: 16th May 2009 18:01
It's this attitude in America that criminals are people from economically disadvantaged backgrounds, and they need to be given "opportunity" in the form of "education" so they will see crime is not the way, and go on to become productive citizens.

Quote: "The names Rashad Johnson and Joshua Norris are quite different.
I'm not saying that's why the judgement was made, I don't know anything more about this case. It's a possibility though; the old problem still exists."

You're implying the shooter was white, and the jury let him off due to "racism". If you had bothered to click the link, you would see he is black. Quite the opposite of what you suggested is true; if the shooter was a white guy who shot a black guy, he would have been nailed with a "hate crime" charge.
mamaji4
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Posted: 16th May 2009 18:24 Edited at: 16th May 2009 21:48
Another one of those problems that no amount of debate can resolve.
So I don't think I'll try.

If at first you don't succeed, relax. You're like the rest of us.
bitJericho
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Posted: 16th May 2009 21:59
Quote: "I don't think that the death sentence should be used except when dealing with absolute lunatics. Killing someone, or jailing them for life, is just a form of revenge. Revenge is bad. He may not be a lunatic at all. Probably, he was just mixed up and angry. Still, it is a light sentence, but that's the decision of the jury."


When someone pleads guilty or no contest, is there a jury?

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