John Smith is a murderer and his fate lies in your hands.

Welcome to Deltopia! Upon formation of our country we decided that our criminal court judges have absolute authority when dealing out punishments for crimes. Our trials are by jury and after their verdict is rendered, the judge in the case immediately moves to sentencing.

That being said, here is the story of the murder of a 75 year old woman at the hands of a 20 year old man.

Twenty year old John Smith was recently fired from his place of employment, where he worked on a production line making the ever so popular Widgets. His employer, Bill Blake fired him after noting that his work had become increasing poor. John had been struggling with alcohol and drug addiction, which was affecting his work performance.

The day of his firing John was furious at his employer and stormed out of the workplace in a fit of rage. Later that evening, after much drinking, John went to the home of Bill Blake to take his revenge for the firing. Armed with a handgun, he kicked through the front door of the home. The only person home at the time was Bill’s wife of 40 years, the 75 year old Thelma Blake. In a blind fury of drunken rage, John Smith unloads the handgun on Thelma, killing her in her kitchen.

A neighbor, hearing the shooting, runs out to his porch, sees John fleeing the scene and calls the police. John is later arrested at his home, with blood on his clothing and the handgun tossed on his floor.

During the court case, the jury hears all the details. The defense states the John is very remorseful and has been struggling with drug and alcohol problems for a year. He also does not recall going into the home, he was essentially blacked out drunk and in an uncontrollable state. John also has no prior offenses.

The prosecution, shows without a doubt, that John committed the crime. The husband of the murdered woman openly weeps for his wife of 40 years, while begging the court for justice; noting that he will never be the same and that his grandkids will never see their grandma again.

The jury deliberates for less than an hour and returns a guilty verdict. Now, you are on the bench as the judge, what sentence do you render to John Smith?

Guilty of what? First degree, second degree, third? What was the plea deal? A lot depends on the sentencing. If it were as cut and dry as you put it, I'd say life w/o parole.

as the judge, and taking personal emotion/thoughts/feelings out of the case, would be paramount. i would have to take into consideration of previous record (in this case none), extenuating circumstances, in this case the alcohol/drug abuse - him being fired etc, take into account pre planning i.e buying gun going to house etc etc etc, background reports on the suspect from doctors and what not, and also family impact statements if i have them. it would also depend what state it is in/ or country (as some US states have death penalty and such like). also depending if their was a plea bargin, was degree of murder he was found guilty off etc

if it was me i would give him life, minimum of 10-15 years before consideration of parole. Yes john smith showed remorse, and admitted that the drugs etc were a big factor in his actions, but murder is still murder and justice has to be done.

in all honesty and in reality i dont know what i would do, as a judge you have to look at this unemotionally and within the law so for me its a difficult one

The minimum sentence. No one likes a fire happy boss or a nagging wife. Sounds like good news all around.

Originally posted by AnimositisominA
Guilty of what? First degree, second degree, third? What was the plea deal? A lot depends on the sentencing. If it were as cut and dry as you put it, I'd say life w/o parole.

Good point. Guilty of first degree murder. The sentencing is solely at your discretion.

I'm just wanting to see what people feel is appropriate punishment for heinous crimes.

15 to life (eligible for parole in 15, less with good behavior.) and would have to be second degree murder since the ability to develop intent was diminished due to the defendants addictions. first degree if it had been proven he had intent of murder, AND the malice aforethought to attempt the crime, AND had the means to accomplish the crime. Motive helps establish a crime but is unneeded for conviction.


however, as previous post said and i agree. I do not agree with dismissing peoples actions due to addictions, i imagine this habitual user of drugs and alcohol, had had prior blackouts, loss of memory etc. as shown in his reason for being terminated.

everybody in this day and age is educated as to the dangers of addictive substances such as alcohol, and many drugs. so addiction is no excuse.

You have to look at John Smith's mental state too. For me, I'd give him fifteen years and mandatory counselling in jail.

Jonathan Smith was given a second chance by God though.
He was sent back to Earth with a variety of assignments helping people in times of need, teaching them how to better themselves and others around them.
The boss gave him the stuff....

Thanks for the replies. Guess I'd be the unpopular judge in my own little made up country. I'd hand down a death sentence to Mr. Smith. In my opinion, he has to be held accountable for his actions, even with a history of drug and alcohol issues. He has shown to be a threat to society and therefore should be taken out of it.

Glad I'm not up for re-election anytime soon

Originally posted by DelMar
Thanks for the replies. Guess I'd be the unpopular judge in my own little made up country. I'd hand down a death sentence to Mr. Smith. In my opinion, he has to be held accountable for his actions, even with a history of drug and alcohol issues. He has shown to be a threat to society and therefore should be taken out of it.

Glad I'm not up for re-election anytime soon

I have to go with you on this one......I have done many a stupid things while intoxicated but I have never taken a life.......Intentionally going there to kill someone says alot about his mental capacity. He has to go

...if i was the judge on this case in dystopia, errr, uh, deltopia and there was no right to appeal my ruling - uhmmm, interesting...

...after much consideration...

...in my professional opinion, as a multi-decade tenured judge elected by an overwhelming majority of the citizens of deltopia and repeatedly re-elected - - - if mister smith's alcoholism is as severe as claimed, rehabilitation is futile and putting him out of his misery is the most humane course of action...

...i do not believe mister smith's claims nor did the jury... his "i dont remember" stance and his show of remorse is the typical behavior of a psychopath - an incurable mental disease that once was prevalent on our world and which is now, slowly but surely, being erradicated...

...therefore, since the citizens of deltopia have long refused to be burdened with the costs of housing violent criminals and have outlawed all corporations that profit from housing violent criminals - - - it is the ruling of this court and the will of the people that john smith be immediately transported to the nearest execution / crematorium facility where his instant death will be delivered via computer controlled robots that will simultaneously put four bullets into his diseased brain...

...case closed...

reply to post by Wyn Hawks


Pfffffft..... love the response. Now, you owe me a new monitor as I spewed some delicious Mt Dew on it.

reply to post by DelMar


...glad you enjoyed... now i shall wave my ancient magic wand 4 times over my dog's big butt (cuz the rest of him is under my desk) and, if you've been very VERY good, a new monitor should arrive momentarily...

...btw, what were you thinking about when you had the idea for this thread?...

reply to post by Wyn Hawks


It's a tad unrelated as the person in question was 12 years old, but this thread led me to think about it. www.abovetopsecret.com... .

I was just curious as to what people feel is a suitable punishment for committing murder. It seemed better to start a new thread than drag a well established one off topic.

As a judge, I am honor bound to follow the laws, as they are presented. If the Jury has found him guilty, then I would thus sentence him in accordance to the laws and what has been set before by judges before me, as the precedence would have been set.

I however, personally, do not believe in his remorsefulness or sorrow as there was non there when he got a gun, and went to murder someone, as the intention would be present, thus any and all sentencing would reflect that.

While he has a problem, the one part is that while under the influence what is on his mind, is coming out fully, the lack of control would ever be there, and if it was not the persons wife, it would ultimately had been his former boss.

...ah, yep, that thread caused me some thinking too...

...anyways - good on you for giving us a creative channel...

reply to post by DelMar


As Bill Blake did not have Human Resources spend time with John Smith and make sure he was enrolled into and actively participating in a drug & alcohol rehabilitation program, as judge I would have John Smith enrolled into and participating in such a program at a secure facility.

I would make John Smith's previous employer Bill Blake responsible for reimbursement of the drug & alcohol rehabilitation program costs as he ignored his responsibility to his employee.

Upon John Smith satisfactorily completing rehabilitation I would give a sentence of 10 years probation with regular testing & screening, and the expense of same would be 50-50 for Blake & Smith. If Smith failed testing or was involved in crime of a serious nature during the 10 year probation period he would immediately be taken to prison to serve a strict 5 year sentence with no offer of early leave or parole.

Upon completing his 5 year sentence Smith would then be on a 5 year parole. If he failed testing or was involved in serious crime during these 5 years he would serve another strict 5 year sentence with 5 years on parole to follow.

If Smith had to serve (two) 5 year prison sentences and then blew it again on his 3rd parole, I'd have him surgically put to death, with as many of his bodily parts being used to benefit those in need as possible.

Originally posted by LargeFries
reply to post by DelMar

 

As Bill Blake did not have Human Resources spend time with John Smith and make sure he was enrolled into and actively participating in a drug & alcohol rehabilitation program, as judge I would have John Smith enrolled into and participating in such a program at a secure facility.

I would make John Smith's previous employer Bill Blake responsible for reimbursement of the drug & alcohol rehabilitation program costs as he ignored his responsibility to his employee.

Now that is interesting. You would punish the man who lost his wife at the hands of one of his employees. I would have to disagree, as I do not feel it is the responsibility of an employer to provide rehab costs to an employee. If the employer chose to do so, that would be great, but to determine that he has to provide or receive punishment is not something that I agree with.

Upon John Smith satisfactorily completing rehabilitation I would give a sentence of 10 years probation with regular testing & screening, and the expense of same would be 50-50 for Blake & Smith. If Smith failed testing or was involved in crime of a serious nature during the 10 year probation period he would immediately be taken to prison to serve a strict 5 year sentence with no offer of early leave or parole.

Probation for murder and again making the employer, who also lost his wife, responsible for screening and testing fees of the murderer?? Again, can't agree with that one at all.

Upon completing his 5 year sentence Smith would then be on a 5 year parole. If he failed testing or was involved in serious crime during these 5 years he would serve another strict 5 year sentence with 5 years on parole to follow.

If Smith had to serve (two) 5 year prison sentences and then blew it again on his 3rd parole, I'd have him surgically put to death, with as many of his bodily parts being used to benefit those in need as possible.

While definitely creative, I can't find anything about the above sentencing that I would agree with. Punishing the employer, probation for murder and multiple shots at parole, seem way lenient to me.

Thank you for your reply