Sunday, March 16, 2008

Jail Time Out Of Line

When I read that carriers of fake IDs, notably spring breakers in Florida, are subject to a fine of up to $5,000 and up to 5 years in prison, I was in disbelief that such a law would put into jeopardy the lives of such young adults. Some of old timers might call them “baby adults”. Many are 18 and 19 – still considered teenagers. They’re stuck with a third-degree felony, which will follow them through their decades of restricted employment opportunities – if they can even continue their goals in higher educational.

It’s very likely that law enforcement and the judicial system would take into consideration the sight, sound and social demeanor of the felon. Face it - clean-cut, well-spoken and respectful perpetrators are likely to be given special consideration of their actions. Dad and Mom may also have the financial resources to work through “the system” to pay the dues to society for their kid’s actions.

Conversely, unkempt hair and shabby attire, grammatically incorrect verbal responses and an attitude that is disrespectful of authority will most likely bring the gavel down with more painful repercussion. A public defender will cowtow to the State Attorney for whatever plea bargain may be offered.

In contrast to a felony charge, possessing someone else’s ID, lending an ID to a friend or altering the birth date on an ID is a second degree misdemeanor with up to 60 days in jail and a $500 fine.

Now, take note that former South Carolina Treasurer Thomas Ravenel, 45, has recently been sentenced to 10 months in prison for possession of less than 500 grams of cocaine, which he admitted having used since he was 18. He could have received up to 20 years in prison and $1-million in fines, but using federal guidelines he received a lesser sentence. He must also pay $249,999 ($221,323 fine and $28,676 restitution for the special legislative session to name his successor).

Co-defendant Michael L. Miller, 26, who sold the illegal drug was given a 10-month sentence.

It’s difficult to understand why an adult, having worked over 20 years in a position that requires a large degree of responsibility, should be considered less of a felon than someone barely out of high school. The young adult may not receive the full sentence for his or her crime, but in this scenario an adult received but a slap on the hand considering the jail sentence and a good spanking with the amount of restitution.

Sure, Ravenel’s $249,999 fine is a large sum but, with over 20 years as a working professional and prospects of gaining meaningful employment once released from prison, he’ll be able to weather the inconvenience of his current notoriety. He’ll surely have opportunities in investment management or other areas in economics where he will continue to financially survive.

No one can guarantee with any certainty that Miller will halt his entrepreneurship of selling illicit drugs. Ten months down the road, perhaps the two will buddy up again!

There seems to be no common sense in the guidelines for restitution for these crimes, which makes the matter a crime in itself.

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