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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat should happen to the man who didn't serve his prison sentence due to a clerical error?
He then waited and waited and waited for the Missouri Department of Corrections to give him a date to surrender and begin his serving his sentence, Andersons attorney, Patrick Michael Megaro, told TODAY. That day never came.
He got married, had children, opened a successful business, coached youth football, (and) joined a church group, Magaro said in a report from NBCs Joe Fryer. Did everything that you would expect a normal person to do because in his mind, he believed that maybe the courts had changed their mind.
However, just as his sentence would have ended last summer, authorities realized the apparent clerical error and that Anderson had never served time. The father of four was arrested and currently sits behind bars, waiting for Missouri Attorney General Chris Koster to respond on Tuesday to a petition from his attorney asking for his release. Koster declined comment to TODAY.
Read More: http://www.today.com/news/man-who-never-served-prison-sentence-clerical-error-awaits-fate-2D79532483
This is a tough one. What should happen here? I think he should do community service or probation.
The Magistrate
(95,247 posts)No other course of action would be just now.
Nay
(12,051 posts)convince him of it.
nomorenomore08
(13,324 posts)arely staircase
(12,482 posts)A case for maximum mercy if there ever was one.
gopiscrap
(23,761 posts)Agnosticsherbet
(11,619 posts)It is the states fault.
He should be released.
bigwillq
(72,790 posts)Do the crime, do the time.
arely staircase
(12,482 posts)It wouldn't protect society - since he isn't a threat.
It wouldn't reform him - since he did that himself.
TorchTheWitch
(11,065 posts)That's mostly what prison is for.
This guy knew he was supposed to do time, and when he didn't get this letter telling him to report to prison he should have been on the phone straightening that out himself. But of course he didn't because he didn't want to go to prison.
I can't figure out how someone is convicted of a violent crime, is sentence to do time in prison and isn't escorted directly from sentencing to prison in the first place. I've never heard of allowing someone sentenced to prison just leave and expect a letter sent to them will make them show up to do their time in the first place.
No clerical error should be cause to let someone get away with not serving their sentence. HE knew he was supposed to serve this sentence and so did his attorney. Nothing was stopping either one of them from notifying the court or prison system or whatever powers that be that there was a problem.
I don't know if they guy really turned his life around or not, and neither does anyone else. For all we know he could be just as much of a criminal that just hadn't gotten caught for any other crimes. And what happened to the money he stole? Did it get confiscated or did he still have it and use it to supposedly turn his life around or for something else?
Bottom line is that he knew he was supposed to serve this sentence and took advantage of a clerical error by continually ignoring the obvious problem when he knew what he was supposed to be doing - going to prison. Supposedly he called his attorney to ask what he should do, and supposedly his attorney told him to ignore it and wait and see if they figured it out... which I have a REALLY hard time believing. Why would any attorney do such a thing knowing it could land their own ass in jail and being stripped of their license? And I can definitely see that the guy would want to put the blame on his attorney.
I'm not sure why I'm supposed to be feeling sorry for some guy that knew he was supposed to report to prison and do a rather lengthy prison sentence but took advantage of what he had to know was some kind of error and ignored the issue hoping he wouldn't be found out. When he didn't get this letter as expected he should have been on the phone to the powers that be straightening out the problem and going to serve his sentence. Knowing all this time that he'd gotten away with being made to do a prison sentence he knew he was supposed to do is hardly reforming one's self.
I just really can't figure out how he didn't go directly to prison from his sentencing and that people are supposedly allowed to walk out of court free after being sentenced to prison time for a violent crime and that some letter is all there is to make them report to serve their sentence. The system itself seems insane to me to begin with, and I've never heard of such a crazy system that allowed this to happen in the first place. How many other violent criminals have been allowed to walk out of their sentencing never to be seen or heard from again, or until they reported for prison went on to commit some more violent crimes? I'm really scratching my head over that.
arely staircase
(12,482 posts)I see no benefit to society in punishing this man. FWIW I am an actual beleiver in the punishment aspect of criminal justice. But I see no reason for it here.
TorchTheWitch
(11,065 posts)He isn't reformed. He KNEW he was supposed to serve these years in prison and took advantage of an obvious error that had him falling through the cracks. And instead of finding out what the problem was when he didn't get the letter he expected by calling to straighten it out, he deliberately kept his head down and hoped he'd never get found out knowing that at any time he could be caught and made to do his sentence. Meanwhile, everyone else that was sentenced to do time showed up to do it like they were supposed to with out the advantage this guy had in falling through the cracks. How fair is letting this guy walk as he did in the first place knowing he had no right to fair to all of them?
He's about as reformed as a thief who finds a bag on money on their doorstep addressed to their neighbor but never tells the neighbor it was mistakenly delivered to the wrong place, knew had no right to the money but kept his mouth shut and kept it anyway then complains when years later the neighbor finds out he had it all along yet doesn't think he should give it back because, well, years have gone by and the neighbor should just have magically known before. That's not a reformed thief, it's a thief taking advantage of not getting caught and whining that someone else should have done something about catching him, and since it took so long he should just have his years earlier thieving forgiven and be allowed to keep the money.
HE knew he was supposed to do years in prison but all these years took advantage of what HE knew had to be an error in order to remain free and live his life however he wanted knowing he could be found out at any time. That ISN'T reformation, it's taking gross advantage. And to actually have the gall to complain about having to serve that time when he was finally caught ISN'T reformation. He should be feeling damn lucky that he had all that time as a free man able to do what he wanted all the while many many other people did what they were supposed to and reported to prison.
arely staircase
(12,482 posts)you wouldnt.
There won't be any change of mind so I will let you enjoy your day.
intaglio
(8,170 posts)Today you find out that your son, now 20, was responsible. Do you think that spanking him or having the police arrest him for criminal damage is a good idea?
Jeremy Bentham realised the futility of regarding prison as being solely about punishment 200 years ago. Prison should be primarily about reform not revenge
TorchTheWitch
(11,065 posts)And if I found out it was my kid that broke that window 20 years ago, I'd make them pay the current price of having it fixed, apologize to the people whose window was broken and figure out some kind of punishment for taking advantage of not being caught at the time and pretending he was innocent. Pretending all though years that he wasn't responsible pulling the wool over his own mother's eyes and everyone else would be alarming. And what would be even more alarming would be his whining that it was 20 years ago so he shouldn't have to make any recompense now. No, I wouldn't call the cops seeing as even at the time they wouldn't have arrested him anyway. And why on earth would I spank a 20 year old much less however old he was at the time of the incident? If I had kids, I wouldn't be hitting them particularly when they'd reached the age of reason which is certainly old enough to be without parental supervision and breaking a neighbor's window. Would I just let it go? Fuck no. That's how obnoxious lying kids get raised thinking they can do whatever they like and as long as no one ever find out about it for long enough they should be off the hook.
I don't give a crap what Bentham said about prison. This guy KNEW he was supposed to do time, KNEW he didn't get the letter because of some sort of error, and KNEW that at any time he could be found out and made to do that time. Just because it took so long for him to get caught doesn't absolve him of his own responsibility nor does it make him reformed nor does it magically erase his sentence that he KNEW he was supposed to be doing rather than going about as a free person doing what he wanted all the while knowing he had no right to that freedom.
intaglio
(8,170 posts)and that is what you are demonstrating.
Punishment is not revenge? Then what is it? If punishment is an end in itself it becomes nothing more than torture, sadism or schadenfreude. In your world there is no good in punishment, no purpose and no end; it is just a knee jerk reaction to finding out the perpetrator of an action.
In this instance Mr Anderson was considered a low risk prisoner and had to live for many years with the fear that he would be removed from his family. What he did was a prime example of making lemonade from lemons - he turned his life round. Instead of costing the state a vast quantity of tax money he has paid tax, instead of being unemployable he has his own business (successful), instead of being a prisoner he has helped youths, paid his tithes, married and had children, and in general been a benefit to the community.
There is one other factor; if he had not been caught and tried then, under the Missouri Statute of Limitations, he he could not even have been charged with his crime after 13 years. Under your scheme, Mr Anderson, by virtue of being caught, must suffer whilst a criminal who escapes suffers no penalty.
brooklynite
(94,581 posts)It is a warning to the criminal not to do it again, and it is a warning to others not to do it at all. Letting this criminal (and let's be clear -- he's not claiming he didn't do the crime of Armed Robbery) skip any jail time sends, even if in a small way, that you can commit a crime and not face consequences.
DebJ
(7,699 posts)intaglio
(8,170 posts)Garbage. A death penalty has never deterred murderers and the segment of the population with the highest chance of committing a crime are ex-cons. There is only deterrent that works is the chance of being caught.
Bentham was right, the only justifiable reason for incarceration is to remove an ongoing risk to the population and to amend the behaviour of criminals to stop recidivism. Any other reason merely confirms criminals in their
In this instance there was no ongoing risk and no recidivism. All sending this guy to prison will do is to confirm that there is never any forgiveness.
DebJ
(7,699 posts)and the country has like zero recidivism.
Because the focus is NOT punishment.
I'd rather see less crime and reformed people than focus on punishment.
Our prison system is punishing, but it DOESN'T work. Except for those who need vengeance.
rug
(82,333 posts)PeteSelman
(1,508 posts)He never got in trouble again, turned his life around and became a productive member of society. The person they're putting in jail now is not the same person that committed the crime.
Just drop it. There's no purpose in jailing this guy now.
Niceguy1
(2,467 posts)He did commit a violent crime........
I would like to hear what his victims have to say...are they ok? Or are they suffering from ptsd?
BronxBoy
(2,286 posts)One of the victims said to forget about it. Seems the guy has redeemed himself. Why destroy the good life he has made? And yet teen drunk drivers can get away with mowing down 4 people and not serve jail time. Or rape a kid and get probation. Gotta shake my head
Niceguy1
(2,467 posts)Were okay then I would support commuting his sentence. If not then he should have to do something. ..community service, work release, something to pay back the debt he owes but not necessarily hard time
BronxBoy
(2,286 posts)It seems the manager was the only victim directly involved. I guess Burger King can be considered a victim as well.
I really can't wrap my head around a justice system that would let a money laundering bank for a drug cartel off with a fine yet have to deliberate intensly about whether to send this guy to prison.
There have been at least two people over the past week released from prison after spending close to a combined hundred years in jail due to police or prosecutorial misconduct. I'm ok if this case evens the social tab somewhat
Callmecrazy
(3,065 posts)The man still married, raised children, and was a pillar of the community. Why erase his redemption with incarceration? What purpose would it serve? Justice? Justice was served when the man changed his ways, knowing that any day it would end.
ohnoyoudidnt
(1,858 posts)I believe there are private prisons in his state. So there may be an opportunity to cost the taxpayers hundreds of thousands of dollars and give it to a private corporation.
Xithras
(16,191 posts)It sounds like society doesn't need to be protected from this guy, his conviction was sufficient deterrent that it kept him from repeating his crime, and rehabilitation wasn't necessary. I wouldn't be averse to adding some probation on to his sentence, but he doesn't need to go to prison.
Tierra_y_Libertad
(50,414 posts)Warren DeMontague
(80,708 posts)Maybe if they spent a little more time making sure the armed robbers went to jail, and a little less time busting down doors to drag pot smokers off for the 5-10 year mandatory minimum sentences routinely handed out for drug possession, this wouldn't happen.
KinMd
(966 posts)sabrina 1
(62,325 posts)activity considering the lack of rehabilitation in our prisons and the huge recidivism rate in this country. That does not benefit society. Which is what should be considered now rather than 'punishment'. From the article he has turned his life around, has a business and a family and is contributing to society in a positive way. If that is true, then he should be allowed to go on with his life.
Not only will he lose his business, but his family will suffer also and that is not in the best interests of society either.
I don't think it is a tough decision at all. The interests of society should prevail in this case and that would seem to be best served by allowing him to go on with his life. That of course, is not what will happen here. We are all about 'punishment' in this country with little concern for society.
Egnever
(21,506 posts)seems like the only answer to me.
LadyHawkAZ
(6,199 posts)I don't see what the point of sending him to prison would be, other than to feed the pri$on $y$tem. His time is up, let it be.
AverageJoe90
(10,745 posts)mattclearing
(10,091 posts)It sounds like the judicial process was scary enough for him to become a productive member of society on his own, without the costly and self-perpetuating experience of prison.
Chathamization
(1,638 posts)If he had served the 13 years it would have been damaging to him, costly to the state, and instead of being an apparently positive and well-integrated member of society he very well may have had more difficulty that would have been a further drain on society. Some people seem to be willing to live in a worse world in order to pursue vengeance, but that cut off your nose to spite your face attitude costs us a lot.
MADem
(135,425 posts)WinkyDink
(51,311 posts)The Straight Story
(48,121 posts)So yeah, do that.
madokie
(51,076 posts)give him a pardon and an I'm sorry. I'm sure the wait for those instructions was hell in its own right
harrose
(380 posts)Even if you believe there is no further point in having him sit in prison, why should he be any better than someone who served his time and still has a criminal record?
TransitJohn
(6,932 posts)Unless courts and justice mean nothing. I guess his governor could grant clemency or something.
avebury
(10,952 posts)into prison at this late date. He has committed no further crimes and become a functioning member of society. Since he has already proven that he is not a threat to the public he should be given community service or probation. It seems like he would be a good candidate to work with at risk kids to show them that it is possible to turn your life around and become successful. There are members of society in greater need to being locked up then this guy, including all the bankers and wall streeters that tanked our economy. There are negligent gun owners who leave loaded weapons where children can access them, either shooting themselves or others. There are members of law enforcement who willfully disregard the law can commit mayhem, often brutalizing or killing members of the public and/or their pets. Since there is truly not equal protection under the law and justice for all, I have a hard time getting all that excited about one man who never went to prison (to no fault of his own) and demonstrated that he could rehabilitate himself. Would you rather have his successful business fail and his family end up on public assistance?
Hip_Flask
(233 posts)I'm sure the manager he robbed with with a weapon deserves some justice as well..
Oopsie doodle doesn't really cover it now...