Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Posted by speakthetruth

Posted by Aries14

Posted by speakthetruth

I still don't get it; I know difference between murder and manslaughter, but I watch a lot of MSNBC prison programs, and people who went into a liquor store to rob it and shot someone in the arm get much higher sentences, even without prior convictions.


Yeah, she didn't go out and buy her drugs and say, "I'm going to kill someone," but she used heroin, drove car, and sped.

It's not even a hit & run and no drug use.

Then you get into the fact that he was already committing a felony. And the fact that he made the decision to rob the store and shoot someone with a clear mind.

ETA: the charge goes up if you hurt/kill someone while committiing another felony

But isn't buying and using heroin a felony in NY? ahh the legal system.. confusing & murky.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

killing someone while driving high on heroin is murder.. just as drunk driving..

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

So unjust. My heart goes out to that little girls family.
That girl will get out of jail and her life will go on but for the little girls family, they will never be the same

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

This makes me so so sick.

For this and every "driving tghe wrong way" drunk case we her about, there are probably dozens if not hundreds of other drunk people on the road who could be killing people. WHEN will it end? What is wrong with people?

I feel so sorry for this girl's family, though no amount of prison time will bring their little girl back. The defendant in this case is really young, so maybe with the shorter prison term she has a chance at rehab and a real life. It's a chance the 12 year old never got, though

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Because she plead guilty to a lesser charge...got to love plea bargaining.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Message edited 12/8/2010 11:09:30 AM.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

OK . . . to answer your question:

Charge #1 second-degree manslaughter is a Class C Felony, with a max sentence of 15 years. However, the sentence can be as low at 1-3 years.

Charge #2 second-degree vehicular manslaughter is a Class D felony, with a max sentence of 7 years. Again, the sentance can be as low as 1-3 years.

Charge #3 driving while impaired by drugs is not even a felony. It is an unclassified misdemeanor with a penalty of jail not to exceed one year and/or a fine of $500-$1000.

Charge #4 leaving the scene of an accident where a death occured is also Class D felony.

There are guidelines as to when a sentence can be consecutive vs concurrent. In her case, the sentance for each individual charge will be running concurrently.

ETA: Because NY allows for indeterminate sentences (ie: 4-12), the rule is that the minumum (in this case the 4) has to be 1/3 of the total (in this case the 12). So, even if she had gotten the max, it would have only been 5-15.

Message edited 12/8/2010 1:27:32 PM.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

My heart breaks for the poor little girl's family.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

The difference between murder and manslaughter has already been explained well on this thread but let me just clarify the whole intent thing.

For something to be classified as murder they have to have essentially a "guilty mind" i.e. malice aforethought. SO while the end result is the same (the victim is deceased) the law focuses on whether there was malicious intent. Premeditation adds a whole other level.

Felony murder refers to a murder commited while commiting another felony (robbery, kidnapping etc.) even if that murder ias accidental.

During sentencing the court can consider mitigating factors that may reduce the sentence - I have no idea if there were any in this case or what they could have been but that could play into the low sentence as well.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Disgusting

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

The differences between degrees of murder are always slightly different in NY than in other states. So as soon as you watch a TV show where you think you understand it, along comes another case in another state it is all confusing again.

I understand the outcry about this sentence, especially because I pass the scene every day. My only consolation is that the defendant did not put the county or the victim's family through a trial. A trial is taxing on everyone involved.

Judge Braslow generally does not give light sentences but there have been some criticisms for inconsistencies in his ways of handling sentencings.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Because our justice system is arse backwards.
People get more time in jail for committing financial/money related crimes then they do for taking the life of another or committing violent crimes where the person truely should not be allowed back on the street.

: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Because DWI/DUI with drugs vs alcohol is not the same yet.

People have been lobbying for death by a DWI with alcohol to be concidered "murder" in some cases/States.

Nobody has really lobbyed for DUI/DWI cases with drugs to be trialed as murder.

It has been debated that drinking and driving, meant that the driver "intentionally" used his/her vehicle as a weapon. Not all States/Cases have agreed with this reasoning.

But yes, I do think being impaired and killing anyone should have harsher sentences.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

I am from Smithtown


I am SHOCKED at what someone just wrote on facebook....

that the news should have reported that the brother and mother didn't cross the street WITH the little girl, as if it's their fault she got hit because they let her cross alone.


I am enraged

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Posted by CouponKT

Posted by MissRadiant

This is so unfair. She killed a child!!! She should rot in jail.

agreed!!!!

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

I knew this girl from school and I also know the kid that was in the car with her when she hit the little girl they were both always trouble makers. 4-12 is not the right punishment she absolutely should have gotten more. I would also like to know what happened to her passenger who was also under the influence, who also didn't call 911 who probably got off with nothing or the minimal because he went against Maureen in my eyes he is just as guilty.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

I also wanted to add that she was driving with SUSPENDED license that is also illegal she has a history of horrible driving why wasn't something done before hand. Her parents let her drive their car knowing she did now have a license HELLO!

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

This is laughable. The sad thing is this is a bigger punishment that most people get. Some people are just put on probabtion for killing someone while drunk. Our laws/punishments do not reflect the severity of these crimes.

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

Re: someone explain to me WHY is she only to be sentenced 4 to 12 years????

thats absolutely crazy...she should rot in jail, she killed someone