Archive for Wednesday, August 8, 2012

Judge orders man to serve probation for convictions

August 8, 2012

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A Douglas County judge ordered a 32-year-old Lawrence man to serve intensive probation terms for convictions in three cases, including one in which he was accused of stealing a diamond ring in November 2011 from Hurst Fine Diamonds.

Brian N. McCoy had pleaded no contest in July to three cases, including felony theft in the diamond ring case. He also had pleaded no contest to misdemeanor criminal deprivation of property and two drug cases in two separate cases, according to the Douglas County District Attorney’s Office.

District Judge Kay Huff reinstated a 12-month probation term for McCoy in a 2011 misdemeanor theft case and ordered him to serve two more consecutive 18-month probation sentences for other cases. He’s also required to pay more than $1,000 restitution.

He faces a 10-month prison sentence in the diamond ring theft case and 30 months in prison in the drug case if he’s found to violate terms of his probation.

Comments

somebodynew 2 years, 9 months ago

OK. You are caught for 3 cases. Let's put you BACK on the probation you were already on, but Golly, Gee, we are going to put you on TWO MORE probations. That ought to scare you.

Is he now on "Double Secret Probation" that people talk about??? It sure makes me feel safer knowing this criminal was given the 'what for' and probably won't do anything bad again.

And yes, I know it is cheaper, tax wise, to not incarcerate him, but is it cheaper to the community/business in the long run if he is out to continue his crimes??? Seems like we pay either way to me.

jafs 2 years, 9 months ago

Well, several of the cases were drug cases, which could be simple possession, something I feel shouldn't be illegal at all.

And, the story mentions he's ordered to pay over $1,000 in restitution. If that happens, then his victims should have been made somewhat whole, which is better to me than just putting him in jail.

And, yes, it's a lot cheaper not to put folks in jail.

Shelley Bock 2 years, 9 months ago

Does this story tell us anything about the Probationer? What's his background? Why is he in trouble again? What are the chances of him being rehabilitated? What community support does he have? Did the DA's office oppose probation? What did the pre-sentence report say about this individual? What does his probation officer say?

We don't know anything about this information which goes into a judge's decision for continuing probation. If you want a computer to do your sentencing, then set up the program and have it crunch out the numbers. If you want a person, the judge, to make those decisions and try to do what is correct, then you can't complain unless you have access to all of the information.

skinny 2 years, 9 months ago

Ya, that makes a lot of sense! The guy should be in prison!!

Ceallach 2 years, 9 months ago

What community support does he have? ** obviously enough to influence the da and a judge

jhawkinsf 2 years, 9 months ago

I'd give this guy a choice. Either serve your full sentence or forfeit his pinky finger. And should he get caught stealing in the future, another finger or another jail term. Eventually, things will work out.

jafs 2 years, 9 months ago

I'd hope you're kidding, but fear you're serious.

Why such harshness against those at the bottom who misbehave combined with such admiration for those at the top that do the same?

jhawkinsf 2 years, 9 months ago

No, I'm kidding.

But I was victimized by a person who was already on probation. He was then sentenced to probation and restitution. He never paid a penny in restitution. Even the probation officer looked at me as if I were from another planet when I asked when I might expect restitution. He was never was deported, even though he was here illegally. He never served a day. Oh yea, I did get to pay for his public defender through my taxes.

Yea, I'm still kidding, but if someone suggests it's cheaper to put someone on probation and demand restitution, rather than send someone to jail, I'll still want jail time. It's why we build prisons.

BTW - I could care less if the crime is committed by someone at the top or bottom of the socio-economic ladder. If they're convicted in a court of law, they're criminals and should be treated equally.

jafs 2 years, 9 months ago

Whew!

So, you'd rather pay to put people in jail than save that money?

I make all sorts of distinctions about crimes, including whether or not they're violent, the amounts involved, etc.

And, of course, you do know that folks at the top and bottom aren't treated anywhere near equally, right?

jhawkinsf 2 years, 9 months ago

Going on information I took in a class about a century ago, there are three purposes of the criminal justice system.

  1. Protect society from the lawbreaker
  2. Punish the lawbreaker.
  3. Act as a deterrent so others will not become lawbreakers.

The biggest problem I have with your idea is that it works in ways contrary to all three. Probation is hardly a punishment and restitution means only giving back what was taken. The lawbreaker is no worse off for having been caught. And that certainly won't deter him from behaving in exactly the same manner as he already has. (see my experience). And it won't deter others from engaging in the same behavior. And given that, you're actually encouraging that behavior, meaning many more future victims.

But yes, I do want them in jail, even if it costs more. That's what we pay taxes for.

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