What's up with the excessive ridiculous sentences in the US? 136 years... do they keep your corpse in the prison after you die of old age to finish the time?
What's up with the excessive ridiculous sentences in the US? 136 years... do they keep your corpse in the prison after you die of old age to finish the time?
Now imagine how stealing and revealing a few documents which don't harm anyone is multitudes worse than this. US criminal law is just insane.
The only think I can come up with is its some sort of replacement for the olde gunslinger vengeance of the wild west era which has yet to be civilized.
I also think there is an arrogance that says the US is the best country in the world, and how could any one possibly act against it since what ever it does simply must be good, pure and legal. Anything that dents that image to the rest of the world is treason, some how. It reminds me of extreme religion's reaction to criticism. Which to me it would do since I view the USA as pretty much a religion. So, heretics like Manning will be metaphorically burned at the stake. Such sentences are not justice, they are PR.
Interesting to me that Snowden, having witness the Manning case, still felt he had to whistle blow. Tell me how much he believed in his actions.
E.g. http://www.fbi.gov/minneapolis/press-releases/2013/more-terr....
Two women were sentenced to 10 years and 20 years, respectively, for raising money for a Somali terrorist organization. That's probably too harsh by a factor of 2-4x, but the theoretical maximum sentence for the first case was probably 100+ years (a dozen counts of providing material support to a terrorist organization).
The other solution, less discretion in the hands of the judge is, I think, worse. Americans are not a compassionate people to criminals. It's easy for a voter and a legislator to call for 20 years or 30 years for a crime. Much harder for a judge sitting in front of a real human being to do that. So if you move discretion more to the statutory process, I think you'll get the opposite of the desired result.
1) The vast majority of people accused are, factually, guilty. You hear about the edge cases in the news where someone is convicted on flimsy evidence, but for each one of those there are a dozen people who did what they are accused of doing, and the police have ample proof. They blew a 0.20 on the breathalyzer while driving, they were found with a pound of cocaine in their trunk, the police were called to the scene while they were beating up their wife, etc. The premise of plea bargaining is that it makes sense to allow those people to plead guilty and save the public the expense of a trial.
2) There are too many criminals and not enough public defenders and prosecutors. If 90% of cases didn't end in plea bargains, the system couldn't process all the accused. Part of the problem is that we've criminalized too much behavior--thank the drug war for that. But it's not just drugs. Large and medium-sized U.S. cities have 5-20x the murder rate of major European cities. New York, the safest big city in the U.S., had 5.6 murders per 100,000, while comparably-sized London has 1.6. Chicago is at 18.5 versus comparably-sized Madrid at 1.0 per 100,000. There is something severely dysfunctional in the social fabric of the U.S. that necessitates a much more aggressive policing and prosecution function.
I think the original justification of plea bargaining (1), has been severely distorted in light of the pressures created by (2). It makes sense to a degree, but it has been stretched, often out of necessity, far beyond reasonableness.
http://en.wikipedia.org/wiki/United_States_cities_by_crime_r...
I think I recall a study arguing that the massive disparity in sentence lengths, rather than rate of arrest/conviction, was the main contributor to the U.S.'s very large prison population. I.e. Europeans also arrest and convict people, but they don't keep them in prison for multi-year lengths nearly as often.
The U.S. is generally less than 2x relative to Australia, 2-3x relative to the U.K., and 3-5x relative to Finland. The sentences for assaults show the most differential, I'd imagine because of very strict sentencing for sexual assaults.
I think the averages skew higher in the U.S. than typical sentences than it does in other countries. Initiatives like California's "three strikes law",[1] that result in life sentences for three potentially non-violent felonies dramatically skew up the averages in the U.S. I don't think any of the major European countries have anything comparable. If you took out the ridiculous sentences handed down as a result of those laws, I think the differential would be much less.
[1] If you want to get worked up about something, read this: http://en.wikipedia.org/wiki/Rummel_v._Estelle.
That's not the sentence. It's the maximum authorized by Congress. In the Anglo-American system, judges are primarily responsible for sentencing, not the legislature, though the legislature sets limits and guidelines.