The Instigator
Dannyx
Pro (for)
Losing
0 Points
The Contender
OtisBDriftwood
Con (against)
Winning
11 Points

Would prison sentences be more reasonable if all judges were required to spend a day in prison?

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Post Voting Period
The voting period for this debate has ended.
after 2 votes the winner is...
OtisBDriftwood
Voting Style: Open Point System: 7 Point
Started: 2/5/2016 Category: Politics
Updated: 1 year ago Status: Post Voting Period
Viewed: 398 times Debate No: 86098
Debate Rounds (3)
Comments (2)
Votes (2)

 

Dannyx

Pro

I think it would be fair if a judge was required to spend a day in prison before sentencing one to prison time. If that judge (who I'm assuming has never been to prison, otherwise how would they become a judge) was required to spend a day in prison before sentencing one would make for a more fair sentence because in my own opinion, after that Oklahoma cop got 263 years in prison for rape, I don't think it's fair. The guy is a horrible person, yes, but how is he supposed to learn from his mistakes and be rehabilitated? He will never get to see the world again. I know he deserves prison time but he has no chance of getting out and either do a lot of other people in prison. How is someone who forsay steals a car a threat to society? Once they're consequenced, they may never get out. Tell me your opinions.
OtisBDriftwood

Con

As someone who has a former classmate sitting as a District Court judge, another classmate who is a sitting Justice of the Peace and another classmate who is a former Chief of police and is currently running for county Sheriff, I'll be happy to join you in this discussion. My opening position is a simple one. I fail to see how any Judge spending any amount of time in any penal institution would benefit in terms of passing any level of penalty for a crime. I look forward to our reasoned discussion.
Debate Round No. 1
Dannyx

Pro

If a judge were to spend one day or whatever in prison, they would know what prison is like. If I was sentenced to 8 years for burglary and I robbed a convience store and I stole two packs of cigarettes, it's not fair that someone would be sentenced for longer than they should be sentenced. It was the first time I was arrested and I got that long of a sentence. I'd think that a crime like that deserves 30 days. No, I didn't hold a gun up I ran out with the product. (No this didn't happen to me). If the presiding judge knew what prison is like, maybe he or she wouldn't be so harsh on sentences. Yes, I know there's no sympathy but why what is so bad that I did to deserve 8 years for stealing to work 12 pack cigarettes. Criminals are getting sentenced for way longer than they need to be. I saw a youtube video of a guy who murdered 2 people when he was 13. He got life in prison and grew up in prison. He's never seen today's world. Whats the point of him being in there if he's never going to be rehabilitated to survive in society. They keep him in a cell 23/7 and he is handcuffed in a cage when he's let out for his one hour outside time. I'm sure he's learnt his lesson by now and would be a much better person if they gave him a chance outside of the prison. Heso now 27.
OtisBDriftwood

Con

I'm still trying to wrap my head around the whole concept that a judge should have a sense of what the convicted felon will experience in order to have any level of understanding with regard to the level or term of a sentence. The judge is an impartial observer to proceedings and only sits in judgement of the facts as they are presented to him. Passing sentence is merely a result of the verdict and the facts associated with said verdict. Sympathy or lack thereof toward the convicted felon has nor should have nothing whatsoever to do with the passing of sentence. The only variable is the level of the crime. If the sentence is out of sync with established parameters based on "standards", then it isn't a simple case of generically assigning "blame" to all judges. Fix the rogue judge if that's the case.

I don't need a judge to know what the guilty party feels. I need the judge to be an impartial arbiter.
Debate Round No. 2
Dannyx

Pro

It's not about sympathy. It's about the harshness of the crime committed and the sentence given. In preschool, you'd get 5 minutes time out for doing something that took you 30 seconds. Now if one commits a murder, taking said person 20 minutes, they get life in prison. Out of all of the possible sentences said person could've gotten, the got life in prison. How will they be rehabilitated and learn from this mistake? Because this judge has no knowledge of what it feels like to be in prison, they will just hand out life sentences like it's an ATM.
OtisBDriftwood

Con

"It's not about sympathy. It's about the harshness of the crime committed..."

Let's look at the crime(s) committed;
- four counts of first-degree rape
- four counts of forced oral sodomy
- raped a woman while she was handcuffed to a hospital bed
- convicted on 18 of 36 counts in all
- and last but not least - he committed these crimes as an officer of the Oklahoma City police department and actually selected his prey "in one of Oklahoma City's poorest neighborhoods based on their criminal histories, assuming their drug or prostitution records would undermine any claims they might make against him." (1)

It seems to me that the jury - when recommending the 263 sentence which the judge handed down - did their due diligence in determining that this reprehensible scumbag deserved far more punishment than a five minute timeout. As far as rehabilitation, I feel quite confident that a large roommate named "Bubba" will provide all of the necessary guidance and direction this lost soul will need in pursuing some level of spiritual cleansing.

(1) - http://www.cnn.com...
Debate Round No. 3
2 comments have been posted on this debate. Showing 1 through 2 records.
Posted by whiteflame 1 year ago
whiteflame
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>Reported vote: SmellTheGlove// Mod action: Removed<

5 points to Con (Conduct, S&G, Arguments). Reasons for voting decision: Con had far better arguments. This one isn't close.

[*Reason for removal*] Not an RFD. The voter merely restates the point allocation for arguments without explaining why they believe that Con had better arguments. S&G and conduct are completely unexplained.
************************************************************************
Posted by U.n 1 year ago
U.n
What is forced oral sodomy? Wouldn't it have to be one or the other?
2 votes have been placed for this debate. Showing 1 through 2 records.
Vote Placed by U.n 1 year ago
U.n
DannyxOtisBDriftwoodTied
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Total points awarded:05 
Reasons for voting decision: 1st round was a wash due to intros. Pro provided unsubstantiated claims and opinions that the judge should show sympathy but I saw nothing in the way of a BoP or cited sources to support said claims. Basically I saw no reason provided by Pro as to why a judge should spend a day in prison and Con countered that a judge should be impartial therefore sympathy need not apply. Additionally Con provided a weblink source to support his provided quote.
Vote Placed by diarrhea_of_a_wimpy_kid 1 year ago
diarrhea_of_a_wimpy_kid
DannyxOtisBDriftwoodTied
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Total points awarded:06 
Reasons for voting decision: S&G: I found pros argument tough to follow at times. Spelling and sentence structure were inconsistent. Cons argument was well stated and very easy to read. Arguments; pro based his argument heavily on opinion and the delta between sentence severity and a judges empathy. Pro attempted to draw a logical correlation between the two but failed to provide evidence. Con stated that judges were guided by precedent, law standards, and impartiality. Would empathy help? Who knows. Pro failed to meet that burden of proof. Sources: con used the only source in the debate to rebut the severe sentence argument.