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Post Reply Man Given a month-long prison sentence. Crime? Picked up the trash too early.
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Posted 3/6/15 , edited 3/6/15
http://www.vice.com/read/this-man-got-sentenced-to-30-days-in-jail-for-picking-up-trash-too-early-306?utm_source=vicefbus

So, I'll summarize a bit. My summary may be a bit biased.

This garbage man was supposed to pick up the garbage after 7:00 AM. Instead, he went and picked up the trash some time between 5:00 AM and 7:00 AM, judging by the things that were said by the attorneys.

He had never been to jail before and his only wrongdoing was violating a city ordinance. Normally, there is just a fine since the courts did not want to send people to jail for this. He is being punished because the citizens there "like their quality of life" and the punishment was chosen because the policy is to choose "the minimum punishment that will deter the crime." Apparently, such a quality of life does not seem to involve waste management services?

"We tried forever not to put anyone in jail for these cases, but it wasn't working." So, this guy is basically being made an example. An entire month? Oh, yeah, and HALF A YEAR of probation. Is this a cruel and/or unusual punishment? He should be switching sentences with the looney below. vvv

Funny. Here's an article about a looney who drank on the job (schoolbus driver) and got only 5 days. http://www.10tv.com/content/stories/2014/02/11/columbus-bus-driver-sentenced-for-drinking-on-job.html

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Posted 3/6/15
What can you do?

Life isn't always fair and just.

Sometimes bad things happen to good people.
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Posted 3/6/15 , edited 3/6/15
It's less about what can be done and more about why this holding is wrong.

Haha, it probably bothers me more than it does most people, since I'm in law school. This is the type of case that ends up in the books and confuses the future students.
Posted 3/6/15 , edited 3/6/15
I meant to say there isn't much that can be done about the situation sadly.

Just one of the many reasons i hate America in general
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Posted 3/6/15
If I face palmed any harder, I would be confused as the avatar. Of course it's cruel and unusual. I'd rather wake up 15 minutes earlier than I normally do, than to find out my children were on a bus that a drunk was driving. I personally would feel guilty if I complained about the garbageman and found out I got him a month in jail and a half year of probation. There's really nothing more I can say or do about it since what's done is done, but obviously there's something wrong there.

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Posted 3/6/15

Morbidhanson wrote:

It's less about what can be done and more about why this is holding wrong.

Haha, it probably bothers me more than it does most people, since I'm in law school. This is the type of case that ends up in the books and confuses the future students.

Law school?
What kind of clients would you like to work with?
Wrongfully accused and imprisoned? The ones that couldn't afford to defend themselves?
Is there any chance that you would accept a really guilty client in your future? Are you willing to win the case and make the person jail free? Would you set someone get away from murder?
Posted 3/6/15
Lol thats a lot of questions for one post
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Posted 3/6/15 , edited 3/6/15

onibrotonel wrote:


Morbidhanson wrote:

It's less about what can be done and more about why this is holding wrong.

Haha, it probably bothers me more than it does most people, since I'm in law school. This is the type of case that ends up in the books and confuses the future students.

Law school?
What kind of clients would you like to work with?
Wrongfully accused and imprisoned? The ones that couldn't afford to defend themselves?
Is there any chance that you would accept a really guilty client in your future? Are you willing to win the case and make the person jail free? Would you set someone get away from murder?


I don't really know who I want to work with. I just know I can't deal with criminal law and tort law. That stuff is too intense. It eats away at you when you keep having to represent clients that you know are awful people. I'm thinking about contract law since it's my strongest subject.

I guess it depends on how much I need money. I can't lie to the court. All I can do is make the best use of the available facts to reduce the severity of the punishment. If there is too much proof, there's no way he can avoid conviction.

It really depends on the case and the facts.
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Posted 3/6/15 , edited 3/6/15
Wow disturbing the morning peace is a punishable crime and one that can get you a 30 day jail sentence? God forbid that their community hears a truck roll on by early in the morning once a week.
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Posted 3/6/15
The US Justice system has always been trash.
You will find little to no common sense there.
Posted 3/6/15 , edited 3/6/15
It would be pretty annoying for the people who put out the trash after the garbage truck already passed.

He had ignored previous warnings, so he definitely deserves it.
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Posted 3/6/15 , edited 3/7/15

forkberry wrote:

It would be pretty annoying for the people who put out the trash after the garbage truck already passed.

He had ignored previous warnings, so he definitely deserves it.


I agree he deserves some sort of punishment since the company showed due diligence and the act was probably intentional so the company shouldn't be liable for it. But, still, a month-long prison sentence + half year of probation sounds way too much when the purpose of the city ordinance and the harm that came from violating it are considered. It gets even worse when you include the fact that nobody knew that a violation of the ordinance would result in this punishment.

There is also no precedent of a fair punishment since the court apparently believes that the current punishments are insufficient for deterring future offenses. Punishing this guy this way is like switching from medium heat on your stove to WWI flamethrower because your bacon is cooking too slowly.

I don't know about the usual fines for such a violation, but let's say it was $500. Just increase it to $700 or something. Maybe tack on a week of jail time depending on how many neighborhoods were disrupted and what day of the week it is? I think it would be fair to consider the totality of the circumstances when deciding how to carry out punishment.
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Posted 3/7/15

Morbidhanson wrote:


onibrotonel wrote:


Morbidhanson wrote:

It's less about what can be done and more about why this is holding wrong.

Haha, it probably bothers me more than it does most people, since I'm in law school. This is the type of case that ends up in the books and confuses the future students.

Law school?
What kind of clients would you like to work with?
Wrongfully accused and imprisoned? The ones that couldn't afford to defend themselves?
Is there any chance that you would accept a really guilty client in your future? Are you willing to win the case and make the person jail free? Would you set someone get away from murder?


I don't really know who I want to work with. I just know I can't deal with criminal law and tort law. That stuff is too intense. It eats away at you when you keep having to represent clients that you know are awful people. I'm thinking about contract law since it's my strongest subject.

I guess it depends on how much I need money. I can't lie to the court. All I can do is make the best use of the available facts to reduce the severity of the punishment. If there is too much proof, there's no way he can avoid conviction.

It really depends on the case and the facts.

Would be nice if you know how to plant false evidences so you could discredit the witnesses or/and professional advisors.
Hacking too.
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Posted 3/7/15

onibrotonel wrote:


Morbidhanson wrote:


onibrotonel wrote:


Morbidhanson wrote:

It's less about what can be done and more about why this is holding wrong.

Haha, it probably bothers me more than it does most people, since I'm in law school. This is the type of case that ends up in the books and confuses the future students.

Law school?
What kind of clients would you like to work with?
Wrongfully accused and imprisoned? The ones that couldn't afford to defend themselves?
Is there any chance that you would accept a really guilty client in your future? Are you willing to win the case and make the person jail free? Would you set someone get away from murder?


I don't really know who I want to work with. I just know I can't deal with criminal law and tort law. That stuff is too intense. It eats away at you when you keep having to represent clients that you know are awful people. I'm thinking about contract law since it's my strongest subject.

I guess it depends on how much I need money. I can't lie to the court. All I can do is make the best use of the available facts to reduce the severity of the punishment. If there is too much proof, there's no way he can avoid conviction.

It really depends on the case and the facts.

Would be nice if you know how to plant false evidences so you could discredit the witnesses or/and professional advisors.
Hacking too.

Real law is nowhere as exciting as the TV stuff.
Posted 3/7/15
???

why the garbagemen in australia always pick up at 3AM?

but nobody says anything.
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