Notice: Undefined index: HTTP_REFERER in /home/stparch/public_html/headmid_temp_main.php on line 4394
Newspaper Archive of
Indian Valley Record
Greenville, California
HOME Browse Search List Of All Titles New! Global Image Search
Free Search  Subscribe  Sign In
September 14, 2011     Indian Valley Record
PAGE 15     (15 of 32 available)        PREVIOUS     NEXT      Jumbo Image    Save To Scrapbook    Set Notifiers    PDF    JPG
© Indian Valley Record. All rights reserved.     Upgrade to access Premium Tools
 
PAGE 15     (15 of 32 available)        PREVIOUS     NEXT      Jumbo Image    Save To Scrapbook    Set Notifiers    PDF    JPG
September 14, 2011
 
Newspaper Archive of Indian Valley Record produced by SmallTownPapers, Inc.
Website © 2025. All content copyrighted. Copyright Information
Terms Of Use | Privacy Policy | Request Content Removal | About / FAQ | Get Acrobat Reader




Bulletin, Progressive, Record, Reporter Wednesday, Sept. 14, 2011 5B Does 'lfe wit,'00 ' lly mean life? out parole In fact, not only does life without parole mean no parole, but life with the possibility of. parole can mean no parole as well, especially if the crime was particularly heinous. If a LEGAL MUSINGS convicted murderer is sen- ..................................................................................................... tenced to 25 years to life, he is STEVE BRENNEMAN not eligible for parole until he steve@schoolpathways.com Does a sentence of life with- out parole (LWOP) really mean there is no possibility the person will ever get out of prison? As a matter of fact, yes. Oh sure, the governor could always step in and grant a pardon or commute the sen- tence, but that's about as like- ly as me winning the Masters. So now that we've resolved that issue, on to more interest- ing things. On Aug. 9, it was reported that Justin Walker, who is in prison for murdering a sher- iff, posted pictures on his Faceb0ok account of him smoking a homemade bong, smoking a joint, holding a bot- tle of alcohol and holding a bag of marijuana, all while in has served 25 years. But even then, the chance he will imme- diately receive parole are not all that good. Although recent Supreme Court decisions prohibit pa- role authorities from denying parole solely on the basis of the gravity of the commitment offense, that offense can still play a significant role. A per- son who commits a particular- ly vicious crime is likely to be ... well ... particularly vicious. Such a person is not likely to change his stripes just by be- ing forced to sit in prison for 25 years. In fact, such a person is likely to commit more crimes while in prison. It's simply the nature of the beast. In my limited experience, even murderers whose crimes were not that bad (as far as grants a release, that decision is reviewable by the governor. No governor wants to be viewed as soft on crime. Among the criteria parole boards use to make their deci- sions is whether the defen- dant has accepted responsibil- ity for the crime and shows re- morse. This has always been somewhat disquieting to me. What about the defendant who is genuinely innocent and was wrongly convicted? It does happen now and then. Is such a person supposed to lie to the parole board about accepting responsibility for his crime? In recent years, the United States Supreme Court has is- sued decisions finding certain punishments to be cruel and unusual under the Eighth Amendment. For example, the court has determined that a defendant cannot be sen- tenced to death for a non- homicide offense (Kennedy v. Louisiana). The court has also barred capital punish- ment for minors, even when they commit murder (Roper v. Simmons). Last year, in Graham v. Florida, the high court con- cluded it is cruel and unusual punishment to sentence a mi- nor to life without parole for a non-homicide offense. The court reasoned that, as com- pared to adults, "juveniles have a 'lack of maturity and an underdeveloped sense of responsibility.'" According to the court, a juvenile offender's transgression is "not as morally reprehensible as that of an adult" because juveniles are more susceptible to nega- tive influences and outside pressures and "their charac- ters are 'not as well formed.'" Having raised two children through the teenage years, I can attest to that. What the court said in Gra- ham v. Florida was that a non- homicide juvenile offender is not a hopeless cause andso must be given "some mean- ingful opportunity to obtain release based on demonstrated maturity and rehabilitation." What a "meaningful opportu- nity" means is for the individ- ual courts to decide on a case- by-case basis. Which brings us to several recent cases of the California Court of Appeal. In People v. Mendez, a 16- year-old offender was sen- tenced to 84 years to life for various non-homicide crimes. Given that the life expectancy for an 18-year-old male at the time was 76 years and the de- fendant would not have been eligible for parole until he reached the age of 88, the court concluded the sentence did not give the defendant a meaningful opportunity for release. Although not techni- cally an LWOP sentence, the court indicated the sentence imposed "and an LWOP sen- tence are 'materially indistin- guishable.'" Nevertheless, in another case earlier this year, the court concluded a sentence of 110 years to life for a juvenile offender did not violate Gra- ham v. Florida because, tech- nically, it was not an LWOP sentence. In yet another case, the court concluded a sentence of 120 years to life for a juvenile offender did not violate Gra- ham v. Florida. In order to be a judge, one must first have been a lawyer for a number of years. In or- der to be a lawyer, one must generally attend at least three years of law school and pass the bar exam. It is only through this kind of intensive training and experience that one is able to conclude that a sentence making one ineligi- ble for parole until he reaches the age of, say, 130 years nev- ertheless provides a meaning- ful opportunity for parole. Perhaps that is why the Cal- ifornia Supreme Court has granted review in these two cases. This may be the one and only time when our state Supreme Court issues a one- word opinion: "Duh!" prison. I guess in his case LWOP doesn't mean lffe with- out parties. Life without parole means just that. No parole. No chance to get out. Not ever. ROAD Road improvements have begun on Three Lakes Road (Forest Road 24N24) north- west of Bucks Lake on the Plumas National Forest. While the Three Lakes Road will be open on week. ends, there may be extended road delays of more than two hours Sept. 12 - 16, and de- lays up to two hours Sept. 19 through approximately Sept. 22, when the improvements are expected to be completed. • Recreation and road im- provements are part of the Storrie Fire Restoration Pro- ject. Road 24N24 accesses the Bucks Lake Wilderness, al- most one-qater of which burned in the southeastern flank of the Storrie Fire of 2000. Road improvements murders go) and have been model prisoners are often kept in prison many years after their first parole date. It's just the way the system works. Even where a parole board REPORT Addressing VA ben00t problem:; ................. .......................... VET complain about bureaucracy, and in spite of efforts to make it one VA, it can seem like dealing with one com- plex beast. And here's what is even more disappointing -- one administration does not talk to the other and more often than not, one medical center does not talk to the others unless clearly instructed by the patient to do so. Hard to believe, but I've seen it in my experience. Here are examples of some simple errors that take place. If you update your mailing address at the Reno medical facility, that information does not transfer to the folks in the benefits administra- tion..The same is true about the benefits administration. The administrations are very unforgiving, too. If you don't communicate with them promptly, often you are re- moved from the health care LAW, from page 4B Hit parked car, Sept. 6 At approximately 5 p.m., George L. Tarleton, 64, of Meadow Valley, was parked in a 2010 Itonda CR-V in the Plumas Bank parking lot in Quincy. To his right was a 2003 Cadillac Escalade. According to the CHP will allow for improved ac- cess for the public, for fire personnel to protect the Bucks Lake Wilderness, and for Pacific Gas and Electric crews. The toilet facility at Three Lakes trailhead, vandalized in 2009, will be replaced once road improvements are com- plete. Hikers on the Pacific Crest Trail, campers and off- highway vehicle motorists use the toilet facility. For additional informa- tion, contact recreation spe- cialist Erika Brenzovich at 283-5189, or hydrologist Kurt Sable at 283-5193, of the Mt. Hough Ranger District. For other Plumas National Forest information, visit fs.usda.gov/plumas. report, Tarleton began to back out of his parking stall and allowed the right rear corner of his vehicle to side- swipe the left rear corner of the Cadillac. He reposi- tioned the Honda and looked at the Cadillac to see if there was any damage. He did not see any damage, so he left the parking lot. The owner of the Cadillac OLD COIN COLLECTIONS... Pre-1965 Silver Coins, Proof Sets, Old Currency, Pre-1936 Silver Dollars, Gold, All Gold Coins FREE APPRAISALS • We come to you • Over 20 years in coin business • References available . Call 530-589-3585 leave message or 530-370-0101 for appointment \\; (775) 825-1616 FRF:E 1-877-832-8757 DISABILITY MIKE McLEOD Division Director, Veterans Services Over the past several weeks I've seen a number of vets who have run into prob- lems with their benefits over simple oversights. Let me take a stab at making the De- partment of Veterans Affairs more understandable. Basically, the VA is set up to operate under three ad- ministrations: the National Cemetery Administration, Veterans Benefits Adminis- tration and Veterans Health Administration. I'll leave it at that for now since it be- comes more confusing if we speak about the sub-groups! I know we all like to damage himself. An unknown third party told Tarleton that he had caused damage to the Cadil- lac. Tarleton then contacted the CHP to report the inci- dent. CHP found correspond- ing damage to each of the in- volved vehicles. was using the ATM machine at the bank and watched all of this activity. The Cadillac owner figured that the Honda must not have hit his vehicle, so when he was done using the ATM he left the parking lot without checking for Great for wood stoves, fireplaces, BBQs and campfires. Lights easily and burns strong for 15 rain. 2019 East Main St., Quincy 283-2929 .-  THIS 'J ., W WEEK'S ]1 seEcIA,00 SAVE 600 *includes ITC HEARTHSTONE HERITAGE Regular Price: $3,589 This Week: s2,989 Heats approx. 1,700 sq. ft. This offer good Sept. 28 Soapstone (1 1/4" thick!) Front & Side load door • In Stock We have the largest display of WOODstoves in Plumas, Lassen and Sierra counties, and we've been doing WOODstoves for 33 years! se habla espafiol DISABILITY ASSOCIATES j ~ 284-7849 ~ 4291 Nelson St., Taylorsville www.featherriverstoveworks.com CA Lic. 681552 ~ Since 1977 aOTt 1 hea roster or your check is sus- pended. Correcting these errors can range from several hours to weeks. If you've been seen at other medical facilities for a particular condition, it is very important to notify the current medical facility of that fact and have your records updated. Finally, make sure to return corre- spondence or phone calls to representatives at the VA. Keeping your information current with the VA is im- portant if you are utilizing services or receiving bene- fits. Often call volume can. lead to long waits or an in- ability to answer. And while they've tried to make it more friendly with computer ac- cess, many of our local vets do not have computer re- sources. It can be frustrating at times. However, with the right phone calls and forms, we can get the information in the right spot.' I hope this information will help many through the sometimes-frustrating quag- mire and improve their rela- tionship with the VA and its representatives. Contact me at the office if you have any questions. Horse Plus Humane Society P.O. Box 6108 Oroville, CA 95966 www.savethehorse.com 530-282-5565 Horse Plus Humane Society This is a non-profit organization dedicated to rescuing equines from abuse, neglect, abandonment and worse. Its main goal is to heal those horses and adopt them to loving homes. Horses available for adoption. This message sponsored by: 362 Crescent St., Quincy (next to Feather River Fitness) 283-9605 9-5:30 M-F * Sat. 9-4 I !