STAFF NEWS & ANALYSIS
25 Year Sentence for Driving Drunk Versus Probation for Prison Guard Who Raped Inmate
By Joe Jarvis - March 20, 2018

25 years without the possibility of parole.

What did this guy do? Rape? Murder? Armed Robbery? A botched terrorist attack?

Nope. He drove drunk.

Granted, he drove drunk a lot. Actually, this was his fourth driving while intoxicated conviction.

But driving is a bit of an overstatement… he was arrested in the parking lot after turning on his car and pressing the brakes.

The man said he was just sitting in his car waiting for a cab. That is probably a lie. This guy is clearly irresponsible. His blood alcohol content was .276 which would put most people down for the night with a bad headache the next day. It was completely reckless for him to attempt to operate a vehicle in such a condition.

But 25 years in prison? No one was actually hurt by his behavior. Yes, many people could have been hurt. He was putting other people at risk for his own selfish reasons. But that is still a pre-crime. What he did was a crime because of what that behavior could lead to, not because of actual harm done to any person.

I think people should be punished for actual harm they do, not for victimless crimes. But forget the philosophical consistency for a minute and just think about this subjectively.

People who actually kill someone drunk driving don’t usually get that kind of sentence. In the last month, a man drunk driving in New York got 3.5-10.5 years for hitting and killing an elderly couple. A California man hit two pedestrians, killing one, left the scene, and was sentenced to one year in prison. A woman did get a 25-year sentence for killing one pedestrian and injuring another while under the influence, but she will be eligible for parole after 5 years.

At the trial of the man who never hurt anyone, the prosecution presented three prior DWI convictions which weighed into his conviction and sentencing. Yet judges routinely do not allow that kind of evidence for much more serious crimes. In one murder trial past violent crimes against women, even with the same style of assault, were not allowed to be presented at trial.

The court ruled that the sentence is not excessive because it was his fourth DUI arrest. The prosecutor says we owe law enforcement a debt of gratitude for keeping us safe.

But what happens when law enforcement commit serious crimes with actual victims?

A corrections officer was found guilty of raping a male inmate. His sentence: two years of PROBATION. He did not even get a single day in jail. For RAPE. Of a prisoner who could not fight back or run away.

So a man will be put in jail for 25 for driving under the influence, and guarded by people who could literally rape him, and not even face a single day in prison.

The man who was raped by a prison guard sued the prison alleging cruel and unusual punishment and failure of the prison to protect someone in their care. The court rejected his claims and dismissed the lawsuit.

A former Nebraska prison inmate who was sexually assaulted by a corrections officer in 2012 can’t pursue civil damages against prison officials who placed him in solitary confinement after he reported the rape.

The contrast between civilian and government officials is stark. Government officials get off basically scot-free for actual serious harm to victims.

And for the civilians, the sentencing can be harsh but follows no sane guidelines. This is not meant to be a defense of drunk driving. The point is that victimless crimes are often punished more severely than actual wrongdoing.

Under a common law system where all suits derive from conflicts between individuals–victimizations–this would not be the case.

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  • A great illustration for the glaring contrast between the Constitutional Republic’s CRIMINAL Justice System and the Bible’s Criminal JUSTICE System.

    To begin with, America’s prison system with all its inherent problems wouldn’t be necessary had the late 18th-century founders not rejected Yahweh as America’s sovereign and thus His moral law as supreme.

    Under the Bible’s juridical system prisons (at innocent taxpayers’ expense) are superfluous. Convicted capital criminals are put to death expeditiously, per Ecclesiastes 8:11. Non-capital criminal are required to pay two to five times restitution (depending upon the nature of the crime) to their VICTIMS, per Exodus 22:1ff, etc.

    If a thief is unable to pay the required restitution, he’s to be sold into indentured servitude until restitution has been paid, per Exodus 22:3. If he refuses to pay restitution, his contempt of court is a capital crime for which he’s to be put to death, per Deuteronomy 17:9-13. Unless, the thief has a death wish, he’ll pay restitution every time.

    Perfect, just like King David said it was in Psalm 19:7-11. Under such a system, crime would be all but unheard of and tax-paid-for prisons would non-existent.

    For more on how Yahweh’s triune moral law (His Ten Commandments and their respective statutes and judgments) applies and should be implemented today, see free online book “Law and Kingdom: Their Relevance Under the New Covenant” at http://www.bibleversusconstitution.org/law-kingdomFrame.html.

    Then “A Biblical Constitution: A Scriptural Replacement for Secular Government” at http://www.bibleversusconstitution.org/biblicalConstitution.html.

  • Sunshine Kid

    It seems to me a case of more than double jeopardy; this smacks of being tried over and over for the same crime, even if no one was involved in any altercation or harm.

    I agree with the writer: Punish people for crimes committed, not accidents due to foolishness that NEVER OCCURRED.

    In fact, I think the judge should be jailed a similar length of time for the possibility that the stupid drunk might be physically and emotionally harmed by cruel and unusual punishment given by the judge. If the judge does not think it cruel and unusual, he should have the same punishment.

  • Don Duncan

    For a voluntarist, living under the threat of any govt. is living in constant danger. We see the injustice, societies’ evasions and irrational excuses, an unfree world. We yearn for a rational, free society. We day-dream about a society of wide-awake individuals who we can trust to be fair and humane.

    It’s extremely painful and frightening to think about the daily risks from a dystopian world where we may be sacrificed to the delusions of our friends, family, and most (98%?). The risk of MAD is ever present, created by the delusion that a sovereign elite will protect their subjects, despite all evidence to the contrary. And the thought that there is no escape, no oasis of freedom that is safe from possible attack, is our daily burden.

    Is it any wonder that we crave sci-fi that depicts a sane world? Or any such art?

  • Joelg

    “I think people should be punished for actual harm they do, not for victimless crimes.”

    Such heresy. Punishment for deviant thoughts and victimless crime is a traditional prerogative of church and state. It is the hallmark of power. Punishment for the sake of Punishment, unconnected to harm and crime, has been the prerogative of monarchs and religious authorities for thousands of years. It is Tradition. Thinking a Thought, especially aloud on Fakebook and social media, may be prelude to crime. Why wait for victims before administering punishment? “Shoot first, ask questions later” was the motto in the USA Old West. Arbitrary punishment unconnected to real world crimes is the dream of special persecutors, grand inquisitors and heads of police states, and why they sought the job. Send out the drones and Mueller clones. (satirical)

    • SnakePlissken

      War is peace, Freedom is slavery, Ignorance is strength.

  • SnakePlissken

    We work for the government. They are our masters, and they let us know every chance they get. That’s why the TSA can grope granny in front of you and you can’t do anything about it.

  • Samarami

    “…I think people should be punished

    for actual harm they do, not for

    victimless crimes…”

    Good luck in a criminal “democracy”, my friend.

    I’m convinced we will (some of us — hopefully yours truly) see this. In time. But first the psychopaths must totally and decisively meet their twilight.

    Abstain from beans. Sam

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