So basically, a man was convicted, sentenced, and released on bail. Then they forgot to tell him to report to prison.

[Ben Kenobi]

I'm not sure how the public interest is served with a conviction here.

[Imran Siddiqui]

You mean incarceration?

[rah]

I'm a bit torn on this one.
The man was sentenced and should have served his punishment.
But since the optimal outcome from incarceration should be rehabilitation this outcome has already been met and probably more successfully than if he had served the time.


While I wouldn't want to accept this solution in every instance I think justice on this one is best served by claiming time served and commuting the rest of his sentence.

[Sava]

pinko

[rah]

If thinking justice is served better by him remaining free, then yes, guilty as charged.

[DinoDoc]

If thinking justice is served better by him remaining free, then yes, guilty as charged.

Justice would have been for him to have served his sentence. God can forgive him but the State is under no special obligation to do so.

[rah]

That's why I was torn. In theory I agree that his sentence should have been served.
But the man has proved to be rehabilitated. Since most people that serve their time are not, this seemed a better outcome for society as a whole.

And he did serve some time awaiting trial, so it's not like he got off scott free.

[Sava]

That's such a cop out. So otherwise non-criminals are allowed to get away with crimes just as long as they don't do it again?

[rah]

One this isn't something that occurs often. And the error wasn't noticed till so late that if he hadn't been convicted it would have been past the statute of limitations.

And in all honesty, if for non violent crimes there was a guarantee that the criminal would not commit another crime, I'd be willing to forgo the need for them to be incarcerated. That would better serve society with less expense.

But again, as I said, I was quite torn on this one, because he should of had to serve his time for the crime.

[Sava]

Armed robbery is nonviolent?

[-Jrabbit]

The state saves a whole lot of money by letting him walk, and it seems clear that he is rehabilitated. I say re-sentence him to a bunch of community service, perhaps talking to young felons and such. So at least they get some semblance of their pound of flesh.

This would also keep the state out of the position of punishing his wife and children. Instead, the state of Missouri gets some free service time and good PR despite their bureaucratic incompetence, plus they don't have to pay his room and board for several years.

[rah]

Armed robbery is nonviolent?

My second statement was more in general.

But even then, I couldn't find if anyone had been hurt in the robbery.

AND one more time. I do have considerable mixed feelings on this one. And only leaning this way since he seems to be a model citizen now. (and it's so many years later)

If the error had been noticed a year later, I'm sure I'd be strongly supporting incarceration.

[PLATO]

This is why Governor's have the power to commute sentences. Unusual circumstances sometimes occur. If the Governor believes that he is a better benefit to the society of Missouri being a free man as opposed to his sentence being carried out, then he should exercise his constitutional authority to commute the sentence to time served.

[Ben Kenobi]

You mean incarceration?

Yes. By all accounts he seems to have learned his lesson. There's a statute of limitations for a reason, and bureaucratic incompetence is why the man wasn't actually arrested. You don't get a do-over when you screw up in court and fail to deliver the conviction. Why should the state get a do-over when they discovered their own mistake?

[PLATO]

Yes. By all accounts he seems to have learned his lesson. There's a statute of limitations for a reason, and bureaucratic incompetence is why the man wasn't actually arrested. You don't get a do-over when you screw up in court and fail to deliver the conviction. Why should the state get a do-over when they discovered their own mistake?

Statute of limitations does not apply...the man was arrested (AND Convicted).

Please learn to read. For that matter, please learn to think.