Remember Her

As a citizen of the state the murderer brings himself to Justice and is executed through his own power of attorney.
Who would deny the vicious murderer his chance at being a just citizen and using his free will to bring peace to a neighborhood, and to repair the broken Justice he caused?

If the judges, DAs, politicians or their families needed to: live near, travel with, or be in some way exposed to -criminals like this. THIS would not happen.
Such are unaffected by the consequences of their actions.

Something makes me think that when crime like this occurs, it is deliberate by design. Nobody gets off 40 prior offences by “accident” or by “gaming” the system or slipping under the system. It has to be deliberate. May Logan Federico soul Rest in Eternal Peace. What a waste of a young and promising life.

Slovenly behavior by prosecutors, judges, parole boards which has the knock-on effect of demoralizing police. Deterrence, punishment, and incapacitation should be the function of a criminal justice system, not social work.
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A. Have restitution and forfeiture as common supplementary penalties in criminal / public order cases. Other consequences to a criminal conviction -eligibility to sit for civil services examinations, sit for occupational licensing examinations, obtain a driver’s license, obtain a pistol permit, &c.- can be defined in the apposite codes and implemented by agencies other than the courts.
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B. Limit the use of fines as a primary penalty to corporation defendants and to offenses defined outside the penal code (e.g. in local ordinances, the tax code, the vehicle and traffic code, the environmental conservation law &c).
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C. Make incarceration or corporal punishment the primary penalty for all penal code offenses.
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D. Limit the use of labor services to those who have welshed on their fines, forfeitures, and restitution. Outdoor work at a low hourly rate should be standard.
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E. Limit probation to those under 25 at the time of their offense. For those under 25, the quantum of incarceration or corporal punishment is partially replaced with probation. The ratio of probation to incarceration or corporal punishment is inversely proportional to age at the time of the offense.
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F. Make occasional use of intermitted imprisonment for misdemeanor offenses, with time clocked in hourly units.
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G. Have no sentences of any sort other than those named above – no ‘community service’, no ‘conditional discharge’, no ‘unconditional discharge’ – nada.
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H. Have sentences on each count calculated according to formulae found in the penal code, &c. Monetary penalties are to be defined in statutory law as a % of the state’s nominal personal income per capita and are thus adjusted each year at the direction of the state comptroller. Any arguments in a sentencing formula which require formal factual findings can be determined in a post-conviction hearing in front of a judge-and-two-assessors. The assessors would be paid conscripts from occupations other than law chosen at random and some cases might require multiple hearings with different assessors. Accountants and bookkeepers, pharmacists and pharmacy techs, occupational therapists &c would be common occupations for assessors. Every sentence would be specified to the dollar or the day.
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I. Have the standard penalty on each count adapted to the defendant’s person by the application of three formulae: the convict’s point accumulation from previous convictions as specified in a manual composed and maintained by the state sentencing commission, the convict’s age at the time of the offense, and a fudge factor equal to 0.5 for a naked plea, 1.0 for conviction at trial, and somewhere in between for a negotiated plea.
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J. Have a default setting that a convict’s sentence is the sum of the sentences on each individual count, allowing in some cases for the sentence on each individual count to be an argument in a formula whose result approaches asymptotically a global maximum.
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K. Practice assiduous segregation in your prison systems and your local jails. Prisoners of different type are in separate institutions, or in walled compounds which other sorts of prisoner cannot enter, or in separate buildings, or in cell blocks whose entryways are impassible except by staff. Segregate men from women, segregate convicts with a history of violence not expunged by the passage of time from others, segregate prisoners of different age ranges from each other, segregate prisoners with special issues from others. The women’s system will have a coarser set of age ranges than the men’s system, the prison system a coarser set than local jails. The most finely articulated set of age ranges would be in men’s prisons, where convicts under 25 would be in sets which encompassed two to four age-cohorts.
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L. Leave family court to ponder child support, child custody, guardianships, and adoptions – sometimes in stand-alone proceedings and sometimes in proceedings auxilliary to those in civil courts in divorce cases. Their only role in criminal cases would be to consider custody arrangements for accused and convicted minors during such times as they are not in jail or in prison. Leave fact finding and the imposition of penalties in the case of juvenile defendants to municipal courts and superior penal courts. Have no compunction about jailing juveniles past a certain age; lots of bad kids in this world.
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M. Have preliminary hearings in front of municipal court judges (or panels of them) in lieu of grand jury proceedings. Some such hearings might require an adversary proceeding.
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N. Provide in law avenues for private prosecution.
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O. Compose your penal code such that certain nominated offenses are lesser included offenses of certain others (murder and manslaughter, burglary and trespass) and so that lower degrees of an offense are lesser included offenses of the higher degree. Instead of having redundant charges on a bill, have a high charge which can be a point of departure in composing a plea agreement. In the unusual jury trial, require prosecutors disclose plea offers to the defendant and allow juries the option (executed according to a standard procedure) of conviction on a lesser included offense in re each count.
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P. In preparation for the unusual jury trial, have prospective jurors fill out and have notarized one set of questionnaires and then call them in an place them under oath to complete a second set. The object should be to exclude aliens, exclude the infirm and incompetent, exclude people with a history of convictions, exclude people with a history in certain occupations (law, police work), provide for people in certain employments to claim a categorical exemption (e.g. physicians, hospital nurses, EMTs, home caregivers, those working in businesses with < 20 employees, &c), and provide for the exclusion of those with a personal connection to the principles in a particular trial (defendant, victim / plaintiff, expected witnesses, counsel for each side). With the exclusions from the pool in place, you constitute a jury by picking 16 names out of a box.
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Q. Have a schedule of indemnities for those incarcerated if (1) the case is not processed or (2) the charges fall apart at various phases or (3) their eventual sentence is less than the time served pre-trial, or (4) they are released consequent to their conviction being vacated. The indemnity would be calculated according to formulae specified in law with the value a function of nominal personal income per capita in the state at the time of one’s release.
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R. Make liberal use of preventive detention. Make it required for illegal aliens, standard for aliens accused of anything more severe than a petty misdemeanor, and modal for anyone with more than three convictions under their belt. Have bail or bond for pretty much all offenses.
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S. Have sentences served in local jails only if there is less than 100 days left to serve at the time of conviction. The sheriff could at his discretion place you on supervised release once you had served 2/3 of the residue you were due to serve.
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T. Require a convict remanded to state prison serve half his pronounced sentence before he was eligible for parole, after which he’d be reviewed annually. When a prisoner was due for parole, have the offices of the commissioner of corrections constitute a six member parole jury from among prison system employees selected at random but screened for several properties: (1) a history of at least two years field experience, (2) citizenship, (3) never having been employed at a particular institution when the convict was there. Each juror would be sent a dossier of the disciplinary write-ups the convict received, but with the name of the convict and the guards in question replaced with code numbers. The prison system employees in question would be given a day to travel to a central location and a day to meet. The stated purpose of the deliberation would be to determine if the convict’s respect for prison rules and the guards’ authority was adequate. The typical prison system employee might serve on a half-dozen juries per year.
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U. Have provisions in the state constitution and state law which set formulae derived from case loads for the number of judicial positions in a jurisdiction, the number of staff prosecutors and public defenders, the number of prison cells, and the number of jail cells. Set the target population of superior court jurisdictions at about 400,000, with each having a corps of superior court judges, three clerks offices, a DA, a public defender, and a parastatal legal aid society. The support staff of the court system would be composed of about nine bureaux reporting to a designated administrative judge and of which some were employees of the court system and some seconded from other agencies, state and local. Have each superior jurisdiction divided up between municipal court jurisdictions with each such jurisdiction divvied up between geographic sessions; municipal court judges would be f/t members of the bar who do half their work at a circuit seat during the day and half on evenings and weekends making the rounds among the sessions.
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V. Assemble your trial jurisdictions in appellate departments. A petitioner would be guaranteed a hearing before a three judge panel and could apply for an en banc rehearing and a hearing in front of the state’s court of last resort.
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W. Have a coroner’s office in each appellate department. Such an office would have an administrator who supervises support staff functions and a coroner who is a working pathologist and hires and supervises the staff pathologists. The coroner would be appointed by the governor w/ advice and consent and serve during good behavior until required to retire or electing to retire, would be board certified as would the staff pathologists, and would be a citizen as would the staff pathologists.
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X. Have your prisoners shaved with clippers weekly, feed them bland but nutritious food like Bulgar wheat, place them in cells with no more than one cell mate if that, a toilet, a desk, and a basin, given them soap, towels, floss, toothpaste and a change of linens weekly; allow them books, golf pencils, and a writing pad; and allow them a supervised shower weekly. Have them spend most of their time in their cell. Have an exercise yard but no equipment more elaborate than a soccer ball or basketball. Have no weight room, prison factory, televisions, computers or any other amenities. Have care packages screened by guards and consist only of foodstuffs. Have confidential visits only with counsel and chaplains. Have infirmaries, asylums, and nursing homes. Limit education programs and counseling to halfway houses.
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/gassy rant off.