View Full Version : What about Judges


J.R. Davis
04-09-2006, 04:03 AM
What about Judges? Do we have a choice in the election of judges? In some cases, I know we don't. One individual may be the only one running for his/her particular bench. In a political note, what do you think we could do to find out what a judge wanna be's concerns are for the addict?
Who would they rather convict the user/addict or the suppliers/dealers?
How do we go about forcing these people, current judges or judge wanna be's to set themselves streight with the public on what they think is right or wrong with helping addicts rather than tossing them in the prison system?

Thanks for your input.

God Bless


JR

mamajmg
05-18-2006, 11:47 AM
Hi - I'm still new at this so please bear with me.

Unfortunately I began learning the "system" about eight years ago with my son in his early teens. Sitting in court room after court room and hearing the different sentences has made me wonder about the consistency of sentencing on crimes - especially the drug related ones.

However, before my son was ever in front of a judge last year the prosecutors attitude was - Let the plea bargaining begin !!! They started off with 20 yrs for posession that wasn't enough to charge him with intent to distribute. We went back and forth for months before my lawyer finally got an opportunity to go before the judge and he flat out told her we couldn't reach an agreement and asked her to intervene. In her case she had my son evaluated within 24 hours - He ended up being given five years of extremely tough probation with some outpatient rehab at our expense. The BUT to this story is that to appease the prosecutors they tacked on the intent to distribute. It was that or 20 yrs.

While sitting through hours I would specifically sit as close to the prosecutors as I could - I was able to hear most of their comments about the cases. In the felony court it sure seemed as though it was a mixture of ego, moods and lawyer favoritism. As they're offering us 20 yrs another gentlemen was brought forward for his sentencing. This man's home burglar alarm had been set off - the police responded and smelled "odor" in the garage which led to over 100 lbs of marijuana and similar amount of cocaine to be discovered. Obviously a man who appeared (by personal appearance) to have cash flow -ha - the same judge approved his seven year probation with once monthly UA testing. No intent to distribute and with deferred adjudication. Go figure.

Although our judge's initial ruling kept my son out of tdcj - he was only in jail 30 days and put out on the streets when he specifically requested inhouse rehab. Within 45 days of release he had his first dirty - let me know and we again appealed for inhouse. Nope! We were told one slip up in three month period did not a relapse make. He is now in SAFP at Glossbrenner.

Throwing these guys in prison is not the answer! IF they are mentally ready to give up that way of life. But I think the judges are truly oblivious to the epidemic of drugs common in our society today. It's not just a kid problem - I know many grown men and women who've lost successsful businesses, homes, not to mention families and loved ones due to their addictions. Here in Houston try to go to most any restroom and not notice little clear baggies!! Okay, off my soapbox and on to your original message - lol

I wonder if the judges were more aware of what was going on with the prep of the cases. There was soooooo much information that the prosecutors didn't even want to hear and definately never reaches the judge's ears. We were told if you want to talk that crap - take it to jury trial. How many can afford that? So you have very little that the judge actually knows that is limited to prosecutor contact. How does that change? How do you change the mentality that addicts are losers? An addiction is just that - and needs to be dealt with differently than robbing a bank or child molestor. The prison sentence removes them from the availability but does not remove the addiction. Throwing any addict back into the lions den and say make it on your own is ignorance. For crying out loud - if it was that easy why have patches to help quit cigarettes? Accupuncture?

Wow, what a vent! lol I feel better - thanks for letting me - aren't you just so glad I jumped right in? lol

J

robertegarrett
10-20-2006, 01:15 PM
Most judges, particularly federal, are not elected. They become their own internal constituency. Scary.

janaroux727
10-22-2006, 08:38 PM
Just an opinion but it seems to me that judges are harder on the young and the financially challenged. .....and the old saying about "it's who you know" is true.

My son and "Price" were out on a binge. Price was driving my son's truck. Price was pulled over and given a DUI. My son received an open container ticket. Both went before the judge on a VOP. It was actually Florida's drug court program and normally my son would have been sanctioned, spent 3 days in jail and given another chance. However, the DA openly in court said that she had worked many years with Price's sister and felt that my son should go to prison because Price should not have been driving his truck. ........so off to prison my son went because we weren't in "the loop" with anyone!

There is no common sense, no fair and equal justice, no rational decision making. For the most part, it seems that throwing a quarter into the air and hollaring "heads or tails" would have a more just outcome.

In parenting we are told that a child should never be in time out for more than five minutes or behavior modification, which is the purpose of punishment, is destroyed. Yet, young people are sentenced to extremely long prison times that certainly aren't modifying or rehabilating their behavior. Instead because of the length of sentences they adapt to a new society and have little chance of making it outside of prison later on.

........thanks for letting me vent!

AriesMom
10-26-2006, 01:41 PM
In my daughters case, the judge's hands were totally tied due to minimum mandatory laws in Florida. All was to be decided on by the Prosecutor. From what I can tell, the Judges dislike m/m as it takes all their power away and puts it into the hands of these power happy DAs. And the state gets paid for each and every conviction. The reason so many plea deals are made is because they don't tie up the precious courts time and the state still gets there money. Justice? Fairness? I don't think so.

I still find it very hard to believe that we here on PTO are so great in numbers, yet our voice doesn't get heard about the changes we need to see. Lengthy prison time will only teach our children how to be better criminals. They truly set our loved ones up to fail when they become convicted felons.

I agree with you Jan, it's all about who you know. The confidential informants the detectives use to snitch on others are the ones that go scott free while the small time first offender gets long stints in prison. These CI's usually have a long criminal history but that is all overlooked because they make the cops job easier. And this is legal? You bet it is..something is very wrong with this picture.