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ladyblue Oct 23, 5:39 p.m.
HLN news had this story on for 15 minutes givig NC a fit the beginning of the week so I emailed them today at CNN to let them know what the governor is doing. I sent them the url to look this story up. Who knows they may be contacting some of you news reporters on this story since it made the news of how scandalous it was to let them all out as violent as they are.
nufsaid Oct 23, 4:54 p.m.
"nclude the Judges names WRAL so we know WHO NOT TO VOTE FOR!
In North Carolina the election of judges in non partisan. Interesting that the dems have representatives who stand outside of polling places with a list of recommended candidates. But I always ask for a copy. Helpful to know who to vote for as well as who not to vote for.
affirmativediversity Oct 23, 4:08 p.m.
Allow me to apologize for my typing on the last couple of posts...it was REALLY BAD!
affirmativediversity Oct 23, 4:06 p.m.
If the NC Supreme Court ruling stands for these prisoners then I would argue that ALL NC Judges must define how each prisoner will earn "good time credits" within their sentence OR in the absence of that condition of incarceration NO GOOD TIME CAN BE EARNED.
Either way...ITS A CHANGE IN THE LAW as it stands on the books...therefore UNCONSTITUTIONAL because the NC Supreme Court does not have the authority to CHANGE LAW!
affirmativediversity Oct 23, 4:03 p.m.
Professor why are you so PRO the prisoners on this issue? We don't always agree BUT usually you will consider the points made by others. This time you appear completely predisposed to ignore all but the prisoners point of view.
Allow me to clarify:
The prisoner filed a laws that their sentence had been unfairly changed from "Life, meaning 80 years" and "Life, without the possibility of parole". They based their argument on the facts of the Law at the time of their sentence...This the COURT CORRECTLY RULED in their favor...Life for the should mean 80 Years.
The Court went one step further an "calculated good time" within the decision...THAT WENT TOO FAR. "Good Time" or how or when and by whom it is accrued WAS NOT and SHOULD NOT HAVE BEEN MADE part of the decision. "Time for Good Behavior" is NOT PART OF ANY SENTENCE/JUDGEMENT it is a WHOLELY ADMINISTRATIVE PROCESS seperate and appart from the Judicial System.
Professor Oct 23, 3:43 p.m.
The prisoner out-smarted NC and the courts agree the prisoners were right on the law. The governor will not be able to do nothing. She is failing as a governor and thought this would help. lol
Professor Oct 23, 3:38 p.m.
The clock is ticking and soon certain prisoners will be released and there will be nothing this governor Perdue can do about it. lol
affirmativediversity Oct 23, 3:27 p.m.
No it is sensible. You are not there so you would not know the behavior of the prisoners in question. per Professor
I know they were CONVICTED of an henious CRIME in a COURT OF LAW by a JURY OF THEIR PEERS and SENTENCED TO LIFE!
Again, as hard as this is for me to say...Perdue may be correct. "Points for Good Behavior" is an Administrative process overseen by the DOC...it is not part of a prisoners actual SENTENCE and is NOT GUARANTEED.
The prisoners challenged their SENTENCE...the Court went too far when it incorporated an administrative process into their decision.
Professor Oct 23, 3:22 p.m.
Perdue will not be able to defy the courts. She do not have that kind of authority to go over the courts. She will not be able to do that.
Professor Oct 23, 3:17 p.m.
Wake up people. This goes on everyday, and has for years.
You are right but many on board cannot see the forest for the trees. Maybe one day they will. lol lol
Tired of thoughtlessness Oct 23, 3:13 p.m.
Um Professor, it is crazy. You murder someone and get sentenced to life. No amount of "credits' should deduce your time to 35 years, ESPECIALLY when your parole has been denied every year since you became eligible.
affirmativediversity Oct 23, 3:12 p.m.
Wake up people. This goes on everyday, and has for years. Do you really think the Department of Correction has enough room to hold everybody for their full sentence. It does not happen. People are released early daily. And to top it all off, due to state budget problems, the DOC closed 8 prisons this year. What do you think that means. Everyone is so upset about the state spending so much money, but guess what, it cost money to house inmates. Especially for 80 years. If you cut DOC budget, you will have even more of what you are reading. Good luck with that one. per 95 Pirate
Another sound argument for THE DEATH PENALITY!!!!!
Professor Oct 23, 3:07 p.m.
So an 80 year sentence with credits alone might (if this be true) reduce it to 40 years.
No it is sensible. You are not there so you would not know the behavior of the prisoners in question.
Professor Oct 23, 3:06 p.m.
If you cut DOC budget, you will have even more of what you are reading. Good luck with that one.
Good comment and you are absolutely right.
Professor Oct 23, 2:51 p.m.
There is no way Purdue will be able to over-ride the courts. She is just trying to save-face with her job. Of course by now, we all know the law is the law and the prisoners did not make that mistake or law; did they? On Oct. 29 some of these prisoners will be released. Another thing Purdue don't feel that the NC Department of corrections is doing their job. They are there every day, she is not. Obviously, they do know what they are doing to give reports on each prisoners. Purdue would not know even where to start.
FromClayton Oct 23, 2:07 p.m.
i flip flop on whether i like ol bev or not. some days she wants to fire state employees instead of furlough, and other days she wants to keep me from paying for illegal imigrants and keep violent offenders behind bars. Today is a "like" day.
AnotherIgnoredComment Oct 23, 1:42 p.m.
I always wondered how these attorneys slept at night with what they have done.....then I realized:
In a masion, on a bed made out of money, surrounded by beautiful women
95Pirate Oct 23, 1:30 p.m.
Wake up people. This goes on everyday, and has for years. Do you really think the Department of Correction has enough room to hold everybody for their full sentence. It does not happen. People are released early daily. And to top it all off, due to state budget problems, the DOC closed 8 prisons this year. What do you think that means. Everyone is so upset about the state spending so much money, but guess what, it cost money to house inmates. Especially for 80 years. If you cut DOC budget, you will have even more of what you are reading. Good luck with that one.
Tired of thoughtlessness Oct 23, 1:28 p.m.
What is the purpose of jail again? You don't do your "mandatory" time. Why do we spend all the money to send them there are underlying laws that say they don't have to even server HALF of their time?
MakoII Oct 23, 1:19 p.m.
I've heard, but do not know for sure, that good behavior credits can half a sentence.
Overcrowding can half even that. So that a 20 year sentence can actually be done in 5 years, if you can believe it.
So an 80 year sentence with credits alone might (if this be true) reduce it to 40 years.
Tink 23 Oct 23, 1:18 p.m.
I say lets do to them what they did to their victims if they murdered someone lets take them out the way they took their victims out and if they where rapist let bubba have his way with them and hold them for a few months and see if that makes them see the error of their ways
ladyinblue72 Oct 23, 1:13 p.m.
Defense attorneys find loopholes to keep people from going to prison, why shouldn't our governor be allowed to find a loophole to keep people in prison??
HopingForABetterWorld Oct 23, 1:03 p.m.
Can someone explain to me how this math works?
80 year sentence. I assume crime was not committed before age of 20 at the lowest. So, person must be 100 to get out. Good behavior credits? OK...maybe a few days here and there. HOW are these people who are WAY BELOW 100 getting out? They're way below 80. They didn't commit the crime as a newborn. How are good behavior credits giving them 20-40 years off?
nccowbo Oct 23, 1:00 p.m.
John Edwards can make another couple of million, he is a lot of things HEHE and one is being a great trial lawyer. John you have 20 new clients and millions headed your way.
jurydoc Oct 23, 12:57 p.m.
The relevant statutes in question are 148-13 which gives the secretary of the DOC the authority to decide on rules for earning credits.
(a1) The Secretary of Correction shall adopt rules to specify the rates at, and circumstances under, which earned time authorized by G.S. 15A 1340.13(d) and G.S. 15A 1340.20(d) may be earned or forfeited by persons serving activated sentences of imprisonment for felony or misdemeanor convictions.
15A (d)Service of Minimum Required; Earned Time Authorization. – An offender sentenced to an active punishment shall serve the minimum term imposed. The maximum term may be reduced to, but not below, the minimum term by earned time credits awarded to an offender by the Department of Correction or the custodian of the local confinement facility, pursuant to rules adopted in accordance with law.
However, these are CURRENT statutes and may not be relevant to these inmates whose sentences fell under the Fair Sentencing Act.
AnotherIgnoredComment Oct 23, 12:52 p.m.
they will be fighting lawsuits it can't win for the next 100 years if they try
Hate to break it to you...inmates file more lawsuits over much simpler things than this constantly. They have alot of free time to visit the jailhouse lawyer and sue for idiotic things like shoes not be returned that were used in a crime (true Wake County case, never went to trial, but filed).
So, a few more lawsuits to fight and that means keeping 20 killers and rapists off the street, I am ok with that. If they keep filing, then by the time it gets to court, maybe they will be dead b/f it gets heard.
dbcooper41 Oct 23, 12:50 p.m.
the legislature, elected by the people, passed the law that frees them, the courts ruled on the law, and now the executive branch has placed itself above the rest.
her actions are a much bigger threat to society than the release of these men who have legally served their sentence.
we are not a dictatorship, at least we weren't one.
GoGreen Oct 23, 12:48 p.m.
It is not the judges fault. They are following the letter of the law. It's not Perdue's fault either. It is a loophole that was not considered through all the changes in sentencing laws.
I'm all for Perdue holding these prisoners. I almost hope then court orders their immediate release and Bev refuses. Then she can be sent to jail for contempt. This would be a great solution to two problems.
jurydoc Oct 23, 12:46 p.m.
I still ask, "why the clamor over these 20?" Between 10-1-2008 and 9-30-2009 there were a total of 1119 inmates released from NC DOC for the crimes of MANSLAUGHTER ; MURDER FIRST DEGREE ; MURDER SECOND DEGREE ; SEXUAL ASSAULT. These crimes all were committed more recently than the 20 in question, are as serious as those in question and these people are already released and walking among us (unless they have recommitted offenses and are locked up again). It is ridiculous to assume that everyone who commits murder or rape will remain locked up forever. We CANNOT build enough prisons to do so and you wouldn't want to pay the taxes it would require. Some of these 20 have been out on work release for YEARS already. Functioning in society side by side with people just like you and me. Why the bullseyes on the backs of these 20???
affirmativediversity Oct 23, 12:40 p.m.
I'd like to know the names of the Judges that voted to give these criminals all those credits so they can be released!!!
Include the Judges names WRAL so we know WHO NOT TO VOTE FOR!
Oct 23, 12:40 p.m.
Justice isn't blind, it's for sale. It's not about the law, it's about the money.
It amazes me that folks have no problem letting these 20 convicts go free and declare, "It's the law."
The justice system is corrupt. Attorneys have made a mockery out of our justice system, especially the criminal defense attorneys that represent murderers, rapists, and child molesters. Knowing these monsters are guilty as sin. For a fee we can set you free. It happens every day.
To advocate the release of these 20 convicts is simply pathetic.
superman Oct 23, 12:20 p.m.
It is a good move to defy the supreme court. Our governor is now being judge and jury. I hope she is at the prison gate when they released so they can smile and shake her hand and the police come and handcuff her and put her where she belongs.
G-man Oct 23, 12:10 p.m.
RACECARDBALKER: I fully understand the good time and gain time credits. And further that thousands of inmates have benefited by the same and that you can't give to one what you don't give to another and that they will be fighting lawsuits it can't win for the next 100 years if they try. I also know that this is not a "loop hole", it's spelled out in the law. This whole situation is the result of a bunch idiots that were elected by a bunch of idiots.
Tired of thoughtlessness Oct 23, 12:05 p.m.
Why are people still talking about her breaking the law, when she says she is trying to find a legal technicality to keep them in prison?
ladyblue Oct 23, 12:05 p.m.
they got an early release when the doonbuckles said life was 80 years. they didn't say 80 years minus 45 years for good behavior. People get serious.
ladyblue Oct 23, 12:02 p.m.
Way to go. Loopholes are found for everything else so find one here and keep them in.
nccowbo Oct 23, 11:54 a.m.
Joe Cheshire is going to be ultra rich from all of us tax payers, he is going to take on the law suites for these 20 people and end up getting them on and making himself and all 20 of this dirt bags feel like they just won the biggest lottery in history. I'm going today to get my lottery ticket with hopes of winning so I can pay my next years state tax bill.
nccowbo Oct 23, 11:50 a.m.
Hold on for the ride guys and girls, Bev is going to raise your tax bills, this group of 20 and their 20 lawyers are going to sue the heck out of this state and I'm sure they will win. It's the letter of the law.
Iwasasoldier4u Oct 23, 11:42 a.m.
This one is tough. First off you have a few of these inmates that were going to be released though the MAPP program without any of this hoopla,these should not be considered with the rest of the ones that were going to be released as they have met the criteria and the powers in charge were comfortable releasing them. Now comes the sticky part, the rest of these people for on reason or another have not made the people in charge comfortable and therefore have not been considered for release and more than likely justifiably so. If they can find a way to keep them locked up without breaking the law that would be good, but if we as citizens of this country defy any court in this country we will go to jail. They need to find a legal way to do this like a civil commitment otherwise they need to obey the laws they are sworn to uphold and change the ones like this so it doesn't happen again. Most of these people should never get out but it was our government that made the laws.
Tax Man Oct 23, 11:33 a.m.
Joe - "Longtime defense attorney Joe Cheshire said Thursday that everyone in the justice system – judges, prosecutors and defense attorneys – understood at the time that a life sentence meant 80 years. Later, they also understood the effect of changes in sentencing laws on those 80-year life sentences, he said." We do get it - but until these felons/murderers/rapists serve the full 80 years they have not completed their sentences! Life should mean they can ONLY die in prison, but if the legislature back then said 80 years is LIFE, then make them serve 80 years and then, if they have NO infractions ever, release them. For each infraction in prison add another year to their 80 year LIFE sentence! Bev, please keep them locked up - thanks! Maybe release them and then rearrest them on the prison grounds for something else...just don't let them out.
TomLynda Oct 23, 11:32 a.m.
No we don't send people to jail to rehabilatate them for life. We send them to jail as punishment for the crimes they commited.
I know that may not be "politically correct", but that is the way it always has been. Jails, prisons are built to house criminals, not as "reform centers". For thousands of years they were meant to keep the criminals locked up to protect soceity.
turdferguson Oct 23, 11:28 a.m.
CJjunkie - "This is why we have so many recidivists, our society is unwilling to give anyone a second chance."
Please explain how this is true. Repeat offenders, unless their second crime was committed inside a prison, have obviously been given another chance.
TomLynda Oct 23, 11:24 a.m.
I didn't vote for Perdue, but I am behind her 100% on this decision. And for the comment she made while joking to reporters about being visited in jail if she is held in comtempt over this. I have a feeling she would have lots and lots of visitors, and lots fighting the courts for her release, including me.
nccowbo Oct 23, 11:23 a.m.
You GO BEV Once the Court comes and tells you, you broke the law by holding them, then these 20 or more will file and get huge bucks. One good thing will come from it, they will all be rich and not have to break any law, they will not have to rob for money, they will have enough to Pay for Sex and not have to rape.
br549znc Oct 23, 11:17 a.m.
Finally, a decision I agree with Perdue on.
Cricket at the lake Oct 23, 11:03 a.m.
And build more jails. The jail in Brunswick County, VA is closing. Hundreds have lost their jobs. This plan makes no sense to me but is a "done deal" with all the prisoners being transferred elsewhere. Change the drug laws so nonviolent offenders aren't clogging the court and prison systems but get the murderers, rapists, sex offenders and violent criminals out of society. Hard labor would also be a good deterrant.
dcatz Oct 23, 10:58 a.m.
It is everyone's duty to resist unjust laws. This law is unjust.
Trying to defend the release of these criminals as just "following the law" is called the Nuremberg defense. We hanged nazi soldiers for "following the law" because the laws in nazi germany were unjust.
Reason Season Oct 23, 10:57 a.m.
NC STATE courts sentenced some of these criminals to DEATH. NC was blocked from imposing their sentence because the FEDERAL GOVERNMENT stepped in and CONVERTED the SENTENCES to "LIFE IMPRISONMENT" instead. So first question is WHAT WAS THE FEDERAL COURT, specifically, the SUPREME COURT's DEFINITION of 'LIFE IMPRISONMENT'? Laws are to be strictly interpreted and applied,right? Next, the criminals claimed LIFE IMPRISONMENT in NC COURT was defined as 80 years at the time they committed their crimes. Well, at the time they committed their crimes, DEATH was NC COURT SENTENCE. And then they use points from a program that was NOT in existence to REDEFINE what 80 years should be in their case. This is amazingly illogical. Only those programs in FORCE and specific to these CRIMINALS AT THE TIME THEY were incarcerated should apply. More troubling to me is why does our Attorney General appear hamstrung AND WHO IS SITTING ON OUR APPELLATE COURT?
cragan Oct 23, 10:57 a.m.
Good bev. we will be rid of you soon for obstruction of justice.
dont we send people to jail to rehabilatate them for life.
Cricket at the lake Oct 23, 10:53 a.m.
Thank you, Gov. Perdue. When it didn't appear that Attorney General Cooper was going to do his job and stop this madness, I wondered why the governor didn't keep the murderers and rapists from being released. Well, good for her to make an obviously correct decision. The government and judges needs to use logic: you don't release violent criminals back into society to harm other innocent citizens.
Published: 2008-01-11 14:37:00
Updated: 2010-06-21 13:53:03