this post was submitted on 15 Aug 2024
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[–] snooggums@midwest.social 12 points 2 months ago (1 children)

Why in your theory doesn’t that happen for 1st and 2nd degree felonies?

Because longer sentences don't have as much proportional variance as a shorter sentence.

When a sentencing range is 1-5 years, some people will have sentences that are 5 times as long as others. When the sentencing range is 25-40 years, nobody will have a sentence that is even twice the duration of someone else.

I understand the point you are trying to make on math. I am saying your point is based on flawed assumptions.

Yes, I am also saying that racism and sexism are the most likely explanation for any disproportionate outcome when looking at the legal system. Single judges might have their own personal variance, but when looking at state levels and above it always ends up being racism or sexism that drives the trends.

[–] mozz@mbin.grits.dev 0 points 2 months ago (1 children)

I am saying your point is based on flawed assumptions.

What flawed assumptions?

[–] snooggums@midwest.social 10 points 2 months ago (1 children)

Not every third degree felony is identical to every other third degree felony. There are ones where the circumstances of the case are going to warrant a longer sentence, and those are probably going to overlap with the ones where the circumstances of the case would warrant charging a juvenile as an adult.

You are assuming that what leads to a child being charged as an adult is the curcumstances of the crime, and that they will have a longer sentence for those lesser charges instead of different charges that reflect the sentence.

My assumption that the trend in this article is based on racism is because that is absolutely a thing that happens. Here's an article that covers just how racist Florida is for charging minors in general and charging them as adults.

The number of direct file cases among Black teens is also disproportionate to the overall juvenile arrests.

In FY 2020-21, there were 19,086 juveniles arrested statewide; 46% were Black, 37% were white and 16% were Latinx.

Yet, Black juveniles comprised 61% of the children transferred to adult courts.

“The racial disparities in direct file cases are still real and significant, so that is a real problem,” McCoy said.

[–] mozz@mbin.grits.dev -3 points 2 months ago (1 children)

Both race and the circumstances of the crime are going to impact their being charged as an adult, and the sentence they receive. The existence of racism doesn’t mean that the circumstances of the case will now have 0 bearing on their punishment - it’s not one or the other; it is both.

Like I say, the system is racist, yes. It feels like you just seized on an opportunity to lecture about racism and deny the existence of literally any other factor being possible except for race. It’s childish and reductive and hostile to things that are necessary for understanding the world. Stop doing that. This will be my last message to you on this topic.

My assumption that the trend in this article is based on racism is because that is absolutely a thing that happens.

I could say that people order vanilla ice cream more than chocolate because of racism, and then if someone said that wasn’t true I could cite a bunch of statistics about how racism is absolutely a thing that happens and get mad at them for denying the impact of racism, and it would make an equal amount of sense as your argument here.

[–] snooggums@midwest.social 7 points 2 months ago

It feels like you just seized on an opportunity to lecture about racism and deny the existence of literally any other factor being possible except for race.

You asked for an explanation and I provided it, then explained in further detail when you dismissed it. If that feels like being lectured, maybe you shouldn't ask for explanations.

I see you haven't given up on the explanation you pulled out of thin air to avoid the obvious explanation of racism. Why are you so dedicated to dismissing racism? Do you feel personally attacked by Florida's legal system being criticized for its racism?