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To: sitetest
I've never heard of a state where you need to serve less than one-quarter of your sentence to be ordinarily eligible for parole.

In most states a juvenile -- which would be anyone under the age of 18 in most states -- would not be tried as as adult for a series of robberies especially if weapons or extended hospital stays were not involved.

Further, in just about any other state, the sentences would not be consecutive but concurrent if it was deemed an adult trial was warranted. Since it looks like about 13.5 years per crime -- and I assume they were giving him the max -- he would have been out in about four years which would be an expected sentence for a first-time adult offender for such crimes.

I agree that Huckabee expected Clemmons to be freed on parole which, of course, is not the same as a pardon.

You are quite right that Hinckley was not sentenced. He was found not guilty by reason of insanity and incarcerated for 32 years for attempting to kill the president and crippling another man for life.

154 posted on 12/06/2009 4:38:20 PM PST by Tribune7 (God bless Carrie Prejean)
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To: Tribune7
Dear Tribune7,

Mr. Clemmons, by the time he’d received his really big sentence of 60 years for burglary and stealing a weapon, was no longer a first time offender. In fact, as far as I can tell, this was at least his third time (and maybe his fifth) in front of a judge for sentencing on separate incidents, having already made trips for carrying a weapon on to school property, and for three nasty assaults, two of which included robbery. By the time he was sentenced for the burglary, he'd already been tried and convicted on separate occasions for a weapons charge on school property, assaulting three folks and robbing two of them. The burglary was his fifth set of felonies. In some states, that would mandate life in prison.

In my neck of the woods, which is not a very conservative place [Maryland], a juvenile will usually get tried as a juvenile the first time around. However, probably not for carrying a firearm on school property. Whether it's in spite of or because Maryland is a rather liberal state, prosecutors aren't very tolerant of that offense. But someone convicted of that alone might be tried as an adult and might escape jail or prison, or at least, not get much time.

However, by the third or fourth felony, especially since several of these crimes were at the age of 17, would likely wind up tried as an adult and start receiving significant sentences.

As well, doing things like trying to take a guard’s firearm, or using other items as weapons against guards, or credibly and seriously threatening a sitting judge, might also increase the sentences that one might receive for the crimes for which one was convicted.

Where I live, a person like this wouldn’t get 108 years, but he might easily get a few dozen years, and would be expected to serve more than half his time.

“He was found not guilty by reason of insanity and incarcerated for 32 years for attempting to kill the president and crippling another man for life.”

He was not incarcerated. He was committed to a mental hospital for as long as he remains insane and a danger to others. I wouldn’t be surprised if he wound up dying at St. Elizabeth’s Hospital, but it’s false to say that he was incarcerated for attempting to kill the president, etc. He was indefinitely committed as a danger to himself and others.

In that he committed these acts in 1981, he hasn’t been at St. E’s for 32 years, as the acts were only committed 28 years and some months ago.


sitetest

158 posted on 12/06/2009 9:04:52 PM PST by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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