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all 75 comments

[–]Olivecloak 6 points7 points ago

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I think Paul R. Allen should be going to a Detox Center, truth be told.

Seems like he's found his own kind of Heroin; He needs million-dollar increments like food, water, and oxygen.

[–]Robocloud 8 points9 points ago

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I can't find the state records that back up this article.

Does anyone have any?

[–][deleted] ago

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[deleted]

[–]Volgyi2000 3 points4 points ago

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This picture has been posted a few times before on Reddit. If I remember correctly, the homeless man also had a long list of priors. Which is one of the reasons his sentence was so severe.

[–]SinfulDavey 1 point2 points ago

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Look at the bright side, he has a roof over his head and 3 meals a day

[–]halimsujanto 0 points1 point ago

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Exactly. Its better than to starve on the street.

[–]MagCynic 7 points8 points ago

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OK. Let's do some actual research before we start making a big stink out of this.

  1. This site has a report that states: "The real mastermind was Farkas, who kept Allen out of the loop on much of the company's day-to-day operations, according to trial testimony." Allen only got three years because he didn't act alone and wasn't even the main person involved in the fraud. He certainly was involved in the fraud (which is why he's going to prison), but by the time he became CEO the fraud was already occurring. It makes sense, then, that he would only receive half the sentence the prosecutors were looking for. Even then they were only looking for six years.

  2. The guy pleaded guilty to 1st degree robbery. In Louisiana, first degree robbery is "the taking of anything of value belonging to another from the person of another... by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon." The homeless man admitted to pretending he had a gun in his coat. What he admitted guilt to fit the definition of the law precisely. The punishment is 3-40 years. Should the guy have received 15? Probably not. But at the minimum he would have been guaranteed to serve 3, the same as the above CEO. Had that happened you all would still be complaining that they got the same punishment despite the difference in dollar amounts.

 

So there you have it. The facts. One man received prison time for being one part of a much larger fraud. The other received a legal sentence to a felony he admitted to committing. There is nothing to be mad or upset about in this case.

[–][deleted] 73 points74 points ago

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Just because both of these were handled in a way fitting with a legal system, does not mean that the legal system is designed in fairness.

Evaluate them independently of the legal system. Whose crime was greater? Who deserves more punishment, or rehabilitation, or whatever we are claiming the prisons do?

Now, ask yourself this. If you swapped the crimes, with the homeless man helping steal $3B, and the CEO stealing $100 dollars, do you think the sentences would swap, as well?

[–]PedalPedalPedal 6 points7 points ago

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I think that the hang up is on value. The legal system values human life more than it values money. Robbery is, essentially, a "violent" crime, or one in this case involving the threat of violence, death, or serious bodily harm. To a system that places the ultimate value on human life and bodily autonomy, the robbery is a much more severe crime.

[–]mmaluff 0 points1 point ago

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It may not be as direct, but fraud can also lead to "loss of bodily autonomy". I don't know the specifics of this case, but if a few hundred lose all their savings and become homelesss because of a fraud, I'd say the fraud was the more violent crime.

[–]PedalPedalPedal 5 points6 points ago

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A few issues for thought:

1) You're using a very attenuated and, at least to me, unreasonable definition of "violent crime." Applying this standard, any crime that caused a financial loss should be classified as a violent crime and punished severely.

2) It's not like he gets to keep that 3 billion dollars. Mandatory restitution is applicable for fraud cases. Those victims will receive both their money back and any expenses incurred in the recovery thereof. So, no, there is no loss of bodily autonomy, even applying your broad standard, in fraud cases like this one.

[–]mmaluff 0 points1 point ago

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Fair enough. I was mostly playing devil's advocate. On point 2 though, that is only because he got caught. His intention probably was to keep the 3 billion dollars, I think he should be judged accordingly. Note that the bank robber had no intention of hurting anyone, he only pretended to carry a weapon. And even if the "loss of bodily autonomy" argument is bullshit, I still think that if we're going for punitive justice the degree of punishment should be proportional to total potential damage to society.

[–]PedalPedalPedal 0 points1 point ago

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I think that if you're going to make an equity argument, it's ultimately going to turn on actual damage, not potential damage. At the end of the day, the homeless guy still did considerably more actual damage than the banker. Asking courts to speculate about the potential damage that could potentially be extrapolated from a defendant's intent seems like a standard almost impossible, but definitely extremely expensive and inefficient, to administer.

[–]mmaluff 0 points1 point ago

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How did he do considerably more damage? He only stole a hundred bucks and scared a cashier...

[–]PedalPedalPedal 0 points1 point ago

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emotional damage resulting from threat to death or serious bodily harm > zero loss after restitution

[–]mmaluff 0 points1 point ago

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I guess that may be fair. Without knowing much about the specifics of this case, I'll grant you that.

[–]zoomzoomz 0 points1 point ago

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No, the sentences wouldn't swap. The person's lifestyle and previous arrest record also matter during sentencing.

[–][deleted] 1 point2 points ago

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I think you have it right there. The persons lifestyle matters.

That's the issue.

[–]Prancemaster -2 points-1 points ago

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I read this as "I DON'T LIKE REALITY, SO I AM GOING TO REFRAME THIS TO SUIT MY ANGER"

[–][deleted] 1 point2 points ago

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How in the world did you get that from what I said?

[–]MagCynic -2 points-1 points ago

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The CEO didn't steal $3 billion. The homeless man outright stole $100.

The lawyers prosecuting the CEO were only seeking 6 years. Even if they got what they wanted, most people here would still be complaining that the homeless guy received a longer sentence.

Frauding money by moving numbers around electronic systems is much different from going into a bank, pretending you have a gun, and robbing it directly.

[–]colorless_green_idea 10 points11 points ago

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Yeah, one has a much more detrimental impact on the whole of society.

[–][deleted] 0 points1 point ago

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This don't really answer my questions.

Does the homeless man deserve more punishment?

If you swap their crimes, would their punishments swap?

[–]MagCynic -1 points0 points ago

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Does the homeless man deserve more punishment?

Judging purely from the limited facts I personally know, the homeless man does deserve more punishment. He went into a bank, pretended he was going to kill the teller (by pretending he had a gun), and robbed a bank. I do not agree, though, that he should have received 15 years.

I think the problem people on reddit are having is the word "homeless". This always elicits an emotional rationalization to justify his actions. "He was poor, hungry, and homeless, so he had to do something to survive."

If I had done the exact same thing and received the same 15 year sentence, nobody on reddit would care because I'm a middle-class white guy with a house. The only difference is that some people think being homeless justifies either no sentence or a much lesser one.

If you swap their crimes, would their punishments swap?

That's impossible to say. Are you also swapping cities, lawyers, judges, and juries? There are too many variables to give any kind of legitimate answer.

[–]the_showerhead 14 points15 points ago

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Had that happened you all would still be complaining that they got the same punishment despite the difference in dollar amounts.

Yes, because you don't make minimum and maximum sentences to give everyone an equal sentence, or to give the minimum to those you favor. You assign it based on the size of the crime, and certain sentiments about the criminal. This man stole $100 to eat. You can assume he was a nice person because he only took $100 out of 3 stacks of bills. Paul Allen was the CEO of a large company, and wanted more. His corporation, Taylor Bean & Whitaker collapsed when the investigation went public, with over 2000 people losing their jobs because of it. Two other banks lost $2 Billion from buying unbacked papers from TB&W. This man took $100 from a stack of money and returned the rest.

You do not punish these two people equally. The only good thing about this, is maybe the homeless man wanted the 15 years. Now he has a bed, will be getting daily meals, and somewhat decent healthcare. I doubt he's going to a high-security prison, so wherever he's sent to will probably be less dangerous than living on the streets.

[–]melbosa 10 points11 points ago

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But this is just one example of a larger, looming trend.

[–]ne99ne 3 points4 points ago

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It illustrates that a "legal system" is not the same as a "moral system."

[–]benduffy 2 points3 points ago

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The CEO would have a fantastic lawyer who would negotiate it down to a lesser sentence, even if the CEO admitted to the police what he had done the same way the homeless guy did.

[–]RshAndRoulette 1 point2 points ago

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Also, if I remember correctly, this guy had a history of violent crimes. It is very likely that his previous crimes played a large role in his sentencing.

[–]ummmdude 3 points4 points ago

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I agree that is the law. I think the fraud is on par with the robbery.

[–]MyCarIsACamel 3 points4 points ago

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The way I see it, the guy has a home and food for the next 15 years. Just a possible motivating circumstance.

[–][deleted] 6 points7 points ago

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How fast is your car, if you don't mind me asking?

[–]MyCarIsACamel 8 points9 points ago

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8-10 mph.

[–][deleted] 6 points7 points ago

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So going to prison actually improved his life? golly, it doesn't seem like its working...

[–]cdwillis 5 points6 points ago

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What does it say about the country when a man would rather go to prison than try to make a better life for himself?

[–]ne99ne 8 points9 points ago

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Try to make a better life? Or can't, or tried and failed, or...

[–]SachmoRising 0 points1 point ago

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It says to me that this country makes its prison systems too appealing. You get three meals, a bed, tv, clothing, activities, and recreation opportunities. Some inmates even get an education.

OR, you can sleep on the streets, cold and hungary.

[–]peas_in_a_can_pie 0 points1 point ago

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can i get a source? im a writing a paper about this

[–]lordrunningclam 0 points1 point ago

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Not really. The threat of deadly force brings the homeless guy's crime into a different category. Not that I don't think the CEO got off way too easy, and the homeless guy were treated way too harsh. The fact that the homeless guy didn't really have a gun and turned himself in the next day would have probably gotten him a light sentence and counseling in most states other than Louisiana. Hell, I'm a white middle aged reasonably well off guy and I get nervous driving through Louisiana.

[–]scrambles57 0 points1 point ago

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Look at the bright side. At least now he'll have shelter and 3 meals a day.

[–]RadioHitandRun 0 points1 point ago

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Most homeless people prefer to be in prison. I knew a couple that would always get arrested because they needed a place to stay for the night.

[–]RedditGreenit 0 points1 point ago

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Put the CEOs in prison, house the homeless in their mansions.

[–]Marrz -1 points0 points ago

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New Chant:

This is what class warfare looks like!

[–]Prancemaster -2 points-1 points ago

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apples and oranges! yay!