Incident in Jena,La.

[RedBean]

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The prosecutor has a lot of discretion in charging and there are a lot of good reasons he/she can use to distinguish between different cases when deciding what charges to file. Race is not one of those reasons and the history of charges coupled with the threat to end the lives of certain kids suggests that race is a significant factor that this prosecutor is using. That, I think, is what the significant/reasonable outcry is about.

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Spot on.

[elwoodblues]

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Would the prior criminal record of the convicted guy influence a prosecuters/judges decision?

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Perhaps. It shouldn't be a factor in the guilt/innocence phase (with rare exception), but could certainly come into the equation when deciding what charges to levy or what sentence to impose upon a finding of guilt.

[RedBean]

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Would the prior criminal record of the convicted guy influence a prosecuters/judges decision?


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Of course it would be a factor in sentencing, but it doesn't turn battery into attempted murder, nor does any amount of previous convictions turn sneakers into a commonly accepted dangerous and deadly weapon.

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Cliff Notes on Bell's criminal record:

-- Battery - 12/25/2005
-- Criminal damage to property - 7/25/2006
-- Battery - 9/2006
-- Criminal damage to property - 9/2006

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Notice he was charged with 3 of those 4 offenses after the initial racial incidents by the same DA that is allegedly abusing his prosecutorial position and making determinations on charges by race, and after the DA had addressed him specifically in his speech threatening to end his life as he knew it with the stroke of a pen.

The outcry is for an overzealous DA, and you are attempting to refute the point by demonstrating three other situations where the DA charged the same person, without knowing the facts of those charges, and whether or not they are similarly overzealous.

[Case Closed]

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See the black kids had the right to assault a white kid after the nooses were put up in the tree. Putting nooses in trees is a felony while a vicous assault should go unpunished after this happens because the assault isn't a felony anymore. When white people are bigots that's a very bad thing and thus there can be no black bigotry ever because there are white bigots. Now that Jesse Jackson and Al Sharpton have made their contributions to the situation it will become clear to everyone what the proper moral path is. Hope I cleared things up for ya.

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So I take it you opted to not read any of redbean's posts in this thread and just throw up a strawman?

[RedBean]

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Perhaps. It shouldn't be a factor in the guilt/innocence phase (with rare exception), but could certainly come into the equation when deciding what charges to levy or what sentence to impose upon a finding of guilt.

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It should factor in sentencing, but it should definately not factor in determing what charges to levy.

Seriously, think this one through....the crime that is alleged or committed does not change based upon what happened in a seperate unconnected incident, that would be the height of discriminatory and make for easy appeal.

[CutCreator]

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I am not insane, lol. I was specifically talking to Midge, in regard to his claims that everyone who disagreed with him was racists and a hick, and basically he wasn't giving any fault to the 6 people who committed the crime.

As for the 30 years, are you sure on that? Are you aware the charge was lessened considerably to, I believe, assault, or something of that nature?

As for your last post, look at the last post I made in this thread, I, to the best of my ability, discussed all those bullets (symbols, not ammunition)

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The charges were lessened, however I find it outrageous and unacceptable that a DA would first try to get 30 years. Add the back story to the whole thing and I think that the DA should be fired.

Race issues are very emotionally charged and I think the Midge is letting his emotions could his judgement. I agree with some of what he says, but you cant allow your emotions to cloud your judgement when it comes to facts. You cant put hanging nooses and beating someone up in the same catagory when it comes to the law, even if your heart says you should. Thats not the law. Even though you can argue justification for some of the things that went down, the law cant take that into consideration. In addition as I said when you get Sharpton and the insane clown posse involved, the important stuff gets skewed.

Now we have the possibility of it going to the other extreme, which would be the 6 boys getting off 100% which would also not be fair. They should be charged with the proper charges and whatever sentance comes with it. HOWEVER the white guy that pulled the gun should also face charges.

Im not sure what the proper charges would be for the 6, assault I assume would be accurate since they beat that guy up. I fear now that because of Sharpton and the pressure he puts on the court that they may get off 100% which also isnt fair to the dude that got beat up.

[RedBean]

Not directly relevant to the case, but more to the continuing escalation of tensions in Jena.... someone told me this morning that a member of the KKK was arrested last night in Alexandria, about an hour from Jena, after being seen driving slowly in front of black protesters with two nooses hanging off the back of his pickup truck.

The driver, from the Jena area, was arrested for DUI, and police confiscated a firearm and brass knuckles from the vehicle, along with the nooses fashioned from extension cords, and the driver readily offered he was a member of the Klan.

I thought it too outlandish and stereotypical a story to be possible, but then it was reported pretty much word for word by CNN, along with pictures of the vehicle with nooses in view.

It seems the Klan wasn't pleased with the appellate court's decision to vacate Bell's conviction, nor with the out of town black folks descending upon and drawing attention to their small bastion of Jim Crowe justice.

Seems things keep spiraling out of control over there.

[elwoodblues]

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Seriously, think this one through....the crime that is alleged or committed does not change based upon what happened in a seperate unconnected incident

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In this case that's probably true. But, there are certainly cases where it would be a factor in what charges to levy. Say, for example, you have a white man with a history of hate crime convictions. Then the white man is caught beating up a black man --- would the prior convictions make it more, less, or no more no less likely that you would charge him under applicable hate crimes statutes (versus run-of-the-mill assault statutes)?

[RedBean]

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The charges were lessened, however I find it outrageous and unacceptable that a DA would first try to get 30 years. Add the back story to the whole thing and I think that the DA should be fired.


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The charges were not lessened for all of the defendants. Some of them still face attempted murder and conspiracy to commit murder, and the possibility of 100 years in prison.

As for the charges that were 'lessened' on the other defendants, many still point out that aggravated 2nd degree battery....while not attempted murder...is still too harsh a charge and doesn't fit the crime in this case.

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I fear now that because of Sharpton and the pressure he puts on the court that they may get off 100% which also isnt fair to the dude that got beat up.

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It's fair to the defendants if they aren't guilty and the pressure of the spotlight affords them the luxury of competent defense.

Granted, though, if they are guilty, then I'd agree they shouldn't be set free because of any political pressures...they should serve a sentence that fits the offense.

[CutCreator]

Honestly, i have not seen a better breakdown and more fair analysis of the Jena 6 incident than what Red Bean has posted throughout this thread.

I think if you at the end of this thread feel differently its likely you have either not read up on the facts, or you possibly have some personal racial issues you are not aware of.

Now calm down, dont get all bent out of shape. But I find it amazing how people can not see what they are saying with what they type because there judgement is clouded by their personal racial issues.

And we all have sub conscience racial issues, no one is a 100% non racist in America. So dont take it like a personal attack if I think you are coming off racist.

(Im white by the way, lol)