Originally published at: "No remorse"— Bullhorn Lady slammed with nearly 5 years behind bars | Boing Boing
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I hope “no remorse” translates into “no parole”.
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If as she claims it was war, then as per Article 3 Section 3 of the Constitution:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
At least two people can testify that she was there. Her tweets can be entered into evidence in court. This is a case where by her own words she’s guilty of treason and should be charged appropriately and punished appropriately if convicted.
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Why should “remorse” matter when it comes to sentencing? Feeling bad now about committing a criminal act in the past doesn’t make the act less criminal.
Letting people off lightly because they feel sorry is what you do with a toddler who doesn’t necessarily understand what the problem was, or really did not intend to do wrong. These adults who knew exactly what they were doing and it’s illegality shouldn’t be getting graded on a curve of (temporary, expedient) remorse.
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So you’re saying that rehabilitation should have no place in the justice system? That we should simply punish to the full extent of the law, then toss the evildoers back on the street?
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People make mistakes. People are ignorant of the law. Obviously not in this case, but it happens. They’re not excuses for criminal wrongdoing, but genuine remorse* is generally considered a mitigating factor when it comes time for sentencing when someone is found guilty.
[* As opposed to the insincere grovelling approach taken by some insurrectionists.]
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Never said that, nor anything like that. If the American response to crime was rehabilitation instead of punishment we would have a much more functional society. Helping people decide not to commit criminal acts in the future and helping them find alternatives would be a much better way to do things. But no one robs the 7-11 by mistake. Being sorry you did it after you were arrested-presuming you did do it and the evidence is clear, which I know is not always the case, are you sorry you did it or sorry you got caught? If you hadn’t been caught would you feel remorse?
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Albert Camus has entered the chat
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Take that dumbass Qanon shaman for instance. He showed remorse at sentencing and had a great spiel that worked on the judge.
““Without Mr. Chansley’s apparently unequivocal acceptance of responsibility, the Court is confident that he would have received a higher sentence,” (Judge) Lamberth wrote.”
“Lamberth also expressed regret that Chansley appeared to have “recanted the contrition he displayed at his sentencing hearing nearly two years ago.” At the time, Lamberth appeared moved by Chansley’s effusive acceptance of responsibility and sentenced him to the lowest end of the recommended range.”
“Such an about-face casts serious doubt on the veracity of any of Mr. Chansley’ s claims, here or elsewhere,” Lamberth wrote in Thursday’s opinion.
(quotes from NPR article)
Should judges be able to put a * next to their sentencing and impose harsher punishment when rehabilitation obviously didn’t happen and the perp recants and then throws it in lady justice’s face?
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Remorse changes the odds that someone will do it again, and so how much of a threat they are to others. That seems pretty straightforward to me. 
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Suppose they robbed the 7-11 because their children were hungry. Suppose a teenager gave in to peer pressure and robbed the store. Is it inconceivable that they might later feel genuine remorse?
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Dostoevsky pleads with him to acknowledge to himself the harm he has done, but Inspector Javert arrests them both.
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I think they kind of can actually, or at least it can impact future consequences for the person if they find themselves in trouble with the law again.
The thing is afaik remorse is a highly contested concept in law. IANAL but I got curious and did some quick reading on the subject and it seems to basically come down to the judge’s general opinion of remorse (and these differ wildly) and of the defendant when it comes to sentencing, as well as the nature of the crime. Same with lack of remorse, which isn’t seen as necessarily inherently bad for some because it is implied with a plea of not guilty that there is nothing to be remorseful about. Knowing whether to admit to feeling remorseful or not perhaps is not a simple decision for a defendant depending on their situation. And obviously all the biases judges can have against people come into play in who is or isn’t perceived as authentically remorseful and how much it matters.
As for this lady… I dunno… I don’t personally feel that sorry for her and I think she seems like a menace.
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Per the headline I first thought this was about Lara Loomer.
Ah well, there’s always next year.
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Are the convicted person’s statements at sentencing sworn under oath, meaning if they later recant the justice system could slap them with perjury charges? Should they be?
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Find out has entered the chat.
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All the sentences for these insurrectionists seem to be missing a digit.
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