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Posts Tagged ‘jail’

The Telegraph reports:

Czech scientist Petr Svacha, accused of illegally collecting insects from Singalila National Park, was let off with a fine of Rs 20,000 today after the chief judicial magistrate of Darjeeling took note of his reputation as a renowned entomologist and said he was a “victim of circumstances”.

However, his associate Emil Kucera, a forest official in the Czech Republic, was sentenced to three years of simple imprisonment and told to pay a fine of Rs 60,000.

First of all, I don’t see why there is this disparity in sentencing.

Secondly, I can understand the rationale behind criminalizing the killing of rare animals, but collecting a few beetles? Honestly? Why should there be a law against it?

They say there are no easy solutions to hard problems. But there indeed is a quick and effective way to get rid of many of the serious problems facing India. Just get rid of 90% of the laws and regulations in the Indian rulebook. Then the courts can get back to real cases and clear some of that backlog, enterprising citizens can open a new business without getting fifteen licenses, and people can live their lives the way they deem fit.

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Drunk drivers should be punished, no one doubts that. Yet this story, which I found while randomly surfing through some related news is, I think, a sad tale of vengeful justice, and deserves to be repeated.

For 40 years, Phil Cisneros worked as a heavy-equipment operator in the copper mines outside Globe. He was a family man, a big-hearted guy who taught his five kids and a bevy of nephews fishing and woodworking. In time, he administered those same lessons to his 15 grandkids.

He was liked by everyone and life had been good to him till his wife, Lucy, got Alzeimer’s.

It was a difficult time, a time that would drive many men to drink. Cisneros was one of them. He’d never been a teetotaler; prosecutors say he’d been busted for DUI in 1980. But with his wife’s health declining, a one-time problem became a frightening pattern. Cisneros got popped for no fewer than four DUIs from 1989 to 1992, barely getting out of jail for one before he was charged with the next.

Lucy died in 1993. Obviously, Cisneros was devastated. Five years later, in 1998, he got one more DUI.

It is, indeed, a terrible track record. But then something happened. Cisneros stopped drinking and driving — and, for that matter, stopped driving at all, according to his neighbors and family. He met another woman (coincidentally, another Lucy), fell in love, and got married again.

He didn’t even get a parking ticket in the next nine years. His behavior was impeccable. He was happy. After many years of misery and sadness, life seemed to have turned good for him again.

If the ultimate objective of the law is rehabilitation — to turn offenders into good people — Cisneros had already achieved it.

But then, in 2007, he was arrested again and sentenced to three years in prison. No, it wasn’t a new offence.

It turns out he’d never cleaned up that last offense from nine years ago. And neither the prosecutor nor the judge was in the mood to give him a break.

Apparently, in Cisneros’ absence, a jury had sentenced him to eighteen months in prison nine years ago and Cisneros wasn’t even aware of it, till the Border Patrol arrested him when he was returning from a visit to Mexico.

Cisneros’ family — a huge, close-knit group — begged the judge. They said that the old man suffered from a host of health conditions: prostate cancer, diabetes, pulmonary hypertension, sleep apnea, shingles, and shortness of breath. He’d already had double bypass surgery.

And his second wife had cancer.

But the judge wouldn’t relent.

Phil Cisneros was 83 when he was put behind bars last year. As feared, he was repeatedly hospitalized during his prison stay. Then he had a heart attack.

The family petitioned Governor Janet Napolitano for clemency: His death, they said, was imminent. Her board of executive clemency recommended his release, unanimously, on March 4.

Phil Cisneros was finally released on March 7 after a gruelling nine months in prison. On march 9, he was dead.

(The original articles that I used as my source are by Sarah Fenske and appeared in the Phoenix New Times. They contain much more than I have quoted; click here and here)

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