Support NeoGAF

[Skyzard]

The average sentence for burglary and rape in the UK is five years?

Just the rape.

Although apparently it's the same-ish for US:

Prison sentences for rape are not uniform. A study made by the U.S. Department of Justice of prison releases in 1992, involving about 80 percent of the prison population, found that the average sentence for convicted rapists was 9.8 years, while the actual time served was 5.4 years. This follows the typical pattern for violent crimes in the US, where those convicted typically serve no more than half of their sentence.[36]

 

[LookAtMeGo]

What a spit in the face. The fuck are you going to do with $75 dollars? Like seriously, what a disgrace. Thats all 31 years of who knows what kind of hell he had to go through in prison with a charge like that is worth to these people. Fuck everyone involved with this.

 

[Hazmat]

Just the rape.

Although apparently it's the same-ish for US:

Well, not including the burglary changes things significantly. 115 years is absurd, but 5 years for a vicious sexual assault is pathetic.

 

[Ketch]

I'm as liberal as it comes. From SF and Berkeley. But the tone here is just so frustrating. I don't mean to ruffle feathers. And I work in likely the most diverse american profession. I'm just exhausted with the hate and fuel.

Hey man, I just wanted to post and say I feel the same way. I read all these threads and it's terrible the things that happen, but I never post because I feel like it's impossible to talk about anything without adding more fuel to the hate fire. The with us or against us attitude is so tiring, and I just want you to know that your not alone.

 

[Trojan X]

The average sentence for burglary and rape in the UK is five years?

These are the potential MAX sentences. Of course, the actual amount is on the discretion.

http://www.thelawpages.com/court-cases/maximums.php

• Rape Sexual Offences Act 1956 s.1(1) Life
• Rape Sexual Offences Act 2003 s. 1 Life
• Rape of child under 13 Sexual Offences Act 2003 s. 5 Life
• Burglary with intent to commit rape (dwelling) Theft Act 1968 s9 14 years
• Burglary with intent to commit rape (non-dwelling) Theft Act 1968 s9 10 years
• Attempted sexual intercourse with girl under 13 Sexual Offences Act 1956 s.5 7 years
• Sexual penetration of a corpse Sexual Offences Act 2003 s. 70 2 years
  
  
  
  (Gross.........)
  
  
• Burglary (domestic) Theft Act 1968 s.9(3)(a) 14 years
• Aggravated burglary Theft Act 1968 s10 Life
• Burglary with intent to inflict GBH on a person or do unlawful damage to a building or anything in it (dwelling) Theft Act 1968 s9 14 years
• Burglary with intent to inflict GBH on a person or do unlawful damage to a building or anything in it (non-dwelling) Theft Act 1968 s9 10 years
• Burglary with intent to commit rape (dwelling) Theft Act 1968 s9 14 years
• Burglary with intent to commit rape (non-dwelling) Theft Act 1968 s9 10 years
• Burglary (non-domestic) Theft Act 1968 s.9(3)(b) 10 years

From the list, the answer to your question seems to be "no". The only way to know for sure is to check the actual sentence stats.

 

[amanset]

"Am I out of touch?

No, it's the DNA who are wrong."

Science can't overcome the feeling of being right, haven't y'all been paying attention?

In the UK at least DNA evidence alone isn't enough to convict as it isn't as clear cut as people seem to think. It is all based on probabilities rather than definites, with the possibility of false matches. In fact, there have been situations in the UK where there have been false matches. There was a guy in Swindon (UK) who was supposed to have climbed through a window to commit a robbery. There was a DNA match. There was, however, a slight problem in that he was disabled and could hardly even dress himself, never mind climb through a window.

https://www.theguardian.com/uk/2003/apr/27/ukcrime7

The first recorded case of mistaken DNA identity occurred three years ago in Britain, after a fluke match on the database. Raymond Easton, a 49-year-old man living in Swindon in the advanced stages of Parkinson's disease, was charged with a burglary in Bolton 200 miles away. Even though he could barely dress himself, he was still arrested. He had given a DNA sample three years earlier following a family dispute in which he had been cautioned. The burglary charges were only dropped after an advanced DNA test was taken.

'These adventitious matches can happen,' says Bob Bramley. 'But we always say to police you need something else as well as DNA: good, old-fashioned circumstantial evidence. DNA testing is a very powerful tool, but it is not the whole story.'

 

[StrongBlackVine]

Hey man, I just wanted to post and say I feel the same way. I read all these threads and it's terrible the things that happen, but I never post because I feel like it's impossible to talk about anything without adding more fuel to the hate fire. The with us or against us attitude is so tiring, and I just want you to know that your not alone.

This man was clearly wronged so there isn't much to talk about. Save it for the appropriate thread.

 

[Da-Kid]

Even if he did do it 115 years for burglary and rape seems excessive. Jesus. I mean, how do you even learn your lesson with that? You're going to die in prison, not lesson can be learned only eternal regret.

 

[GaimeGuy]

I'm as liberal as it comes. From SF and Berkeley. But the tone here is just so frustrating. I don't mean to ruffle feathers. And I work in likely the most diverse american profession. I'm just exhausted with the hate and fuel.

This man's life was stolen from him. 22 years old, that's just a few years removed from high school. And he was in prison until he was 53. That's 2 years removed from being a senior.

By the state.

And they gave him $75. That's it. I make that in 2 hours, volunteering my labor. This man had 31 years of his life stolen from him.

 

[CloudWolf]

75 dollars to restart his life ? That's hardly enough money for a week's worth of food.

 

[jroc74]

of course he's black

they say there;s no evidence, but the dna evidence got him out of jail

what a fucking disgrace, this man deserves to be compensated, probably more than a million dollars

You cant even make this stuff up.

In what world is DNA evidence not enough????

 

[Symphonia]

I honestly think in cases like this, the woman should pay some sort of fine. She ruined a man's life, deeming him a rapist simply because of the colour of his skin. I know she was raped, and it's awful that happened, but she destroyed a man's livelihood simply because she made a substantially racist judgement call.

 

[SuperSah]

The American legal system is FUCKED UP.

And I thought the UK system was bad.

 

[nekkid]

How do they sleep at night?

 

[Sölf]

He should at least get 75$ per day he was imprisoned. This system is fucked up.

 

[Violater]

Just when I think that I can not get any more depressed.

 

[Mabufu]

Just when I think that I can not get any more depressed.

Being aware of reality is good... up until certain point.

 

[azyless]

I'd like to hear these people argue how one could "start a new life" with 75$.

 

[Lightning_Roller]

I would have ripped up those 75 dollars and gave them the finger on the way out if that was me. Fuck those assholes for taking years of his life and not properly compensating him.

 

[Chichikov]

In the UK at least DNA evidence alone isn't enough to convict as it isn't as clear cut as people seem to think. It is all based on probabilities rather than definites, with the possibility of false matches. In fact, there have been situations in the UK where there have been false matches. There was a guy in Swindon (UK) who was supposed to have climbed through a window to commit a robbery. There was a DNA match. There was, however, a slight problem in that he was disabled and could hardly even dress himself, never mind climb through a window.

https://www.theguardian.com/uk/2003/apr/27/ukcrime7

It's still way better than pretty much any other evidence, way better than eye witness testimonies, way better than fingerprints, even way better than a confession. And the fact that it can describe its match in terms of probabilities is a strength of the methodology, not weakness (especially when compared with other forensic science which relies heavily on subjective judgment calls).

But maybe more importantly to this case, when done right it can proves without a doubt that a DNA sample did not came from a specific person.

 

[Kinyou]

Even the $1million is goddamn humble for 31 years

It's disturbing to hear how little governments often pay people that have been falsely imprisoned.

 

[Diprosalic]

I just knew he had to be black.

$75 after 31 years of wrongful imprisonment?!?

it's so they can release a broke black man with no training or skills for the outside world, hope he fucks up somehow and then they can say "see, he was a rapist all along".

 

[Lupercal]

115 years fucking hell.
You can have a DUI and kill someone while driving here and at most you'll get 5 years.

Our laws are soft as fuck though.

 

[KHlover]

0.03 cent per hour he spent in prison. Fuck them.
A million dollars would be about $2.50 per hour. Fuck that also. Deserves waaaaay over a million.

 

[Foffy]

DNA testing is not clear and convincing evidence?

Of course it doesn't to Americans...

Fuck this country.

 

[Vilam]

Fuck everyone involved. That's disgusting. I understand wrongful convictions can happen, which is why I fully believe anyone that falls victim to one should be well compensated.

 

[Always-honest]

Now that is criminal.

 

[MarkMclovin]

Even if he did do it 115 years for burglary and rape seems excessive. Jesus. I mean, how do you even learn your lesson with that? You're going to die in prison, not lesson can be learned only eternal regret.

Christ, if you rape someone, you can rot in a prison cell for the rest of your life. There's no 'learning your lesson' about it.

 

[Pankratous]

Worst part is: if the guy was a perfectly reasonable and moral human being on the way in, he probably isn't now. 31 years in the mad house with real criminals - when you didn't even commit a crime to be there...

That's gotta fuck you up.

 

[Zelias]

Disgusting. I hope this guy gets enough money off the state to ensure the rest of his life won't be as hellish as the last 31 years. $75 is a fucking insult.

 

[kmax]

Such a flawed, racially skewed judical system. It's disgusting.

 

[Meaty]

Not questioning the accuracy of a DNA test, Im not a scientist.

But the crime happened 30 years ago right? What was the accuracy of those tests back then? did they even exist? Are those evidences stored in lock up just waiting until a dna test is done on them?

I could see why there could be enough in dubio pro reu to release him, but I dont know the particulars of this case, maybe theres not enough to prove hes actual innocent, but enough to prove he might be,

Even so, 31 years for that crime is a long time. A very long time. I really wish the prison system was built for resocialization instead of punishment.

 

[Usobuko]

How do they sleep at night?

By not seeing black people as human beings.

 

[bengraven]

He could have got nothing!


Now he can take what family he has left out to a nice Denny's.

 

[ShadowRunner]

Sounds like he was cleared of the rape but still found guilty of the burglary which i am guessing the DNA evidence could'nt clear him of? 31 years is still a long time for burglary but it sounds like further events in prison would have kept him in there anyhow.

 

[televator]

How do they sleep at night?

Like a baby in luxurious sheets. Waking up well rested and ready to fuck up more people's lives. Ah, the hardships of power in America.

 

[The Last Wizard]

of course he's black

they say there;s no evidence, but the dna evidence got him out of jail

what a fucking disgrace, this man deserves to be compensated, probably more than a million dollars

Hearing denied with a 7-0 vote. Gee I wonder why?

Yep here it is. He didn't have the correct skin color.

Of course he's black, anytime some crazy thing happens in the us with the judicial system the person is always black.

 

[-COOLIO-]

From a comment on hacker news:

In 1977, the victim was raped and robbed by two men, both whom she knew from her neighborhood. She identified them to the police as the children of women in the neighborhood Polly and Ollie Mae, and gave their addresses. The men were Lawrence McKinney and Michael Yancy. Police found both of them together at Michael Yancy's house, Yancy was watching TV and McKinney was hiding in the closet. They gave alibis for each other, claiming they had been there all day. Both were convicted of rape and burglary. This was a very reasonable conviction given the evidence against them.
In the years since, McKinney confessed to the rape and apologized for it during his parole hearings, which were denied. He was also a very problematic prisoner who was constantly getting into violent altercations with other prisoners and guards.
32 years after the crime, the bed linen was tested for DNA. It had a positive match for Yancy, and the victim's boyfriend, and a third man, still unknown. McKinney's DNA was not on the bed linen.
Based on this evidence, since this evidence would no doubt be considered relevant to the trial, the conviction was vacated. The parole board did not exonerate him because the evidence did not support exoneration, it only supported a new trial. Given that he had already served 31 years in prison, rather than have a new trial, in addition to vacating the sentence, the charges were dismissed and he was free to go.
Vacating and dismissal are not findings of innocence in the legal system. Based on the DNA evidence, it is an absolute fact that his friend Yancy raped and robbed the woman. He gave an alibi for this man, and vice versa. The woman said two men raped her, two men she knew, and identified Lawrence as the other one. Based on the victim's eyewitness testimony and her previous familiarity with the perpetrators, her testimony is extremely credible and the jury's verdict exceptionally reasonable. Not all rapists leave DNA on the bedsheets that is recoverable after 30 years.

Assuming that's all true, 'proven innocent' seems like a bit of a stretch.

 

[dragonyeuw]

$75!!?? What the fuck.

I'd rather they didn't give him anything. $75 lets you know they actually thought about it and thought this was reasonable financial compensation.

 

[BadAss2961]

Reminds me of this guy who spent 30 years on death row, wrongfully convicted. Received a $20 gift card for his troubles.

Dude got himself some chicken and french fries and was broke. Died a couple years later of lung cancer.

 

[ScriptedReality]

Came in hoping he wasn't black

 

[Kinitari]

From a comment on hacker news:



Assuming that's all true, 'proven innocent' seems like a bit of a stretch.

Oh, I was about to say, this shit is insane and maybe the innocence project might help him out, but maybe not. Still, who knows, like you said this post might not be the whole truth either.

 

[Big Green Anus]

Not even atleast one person to approve his request?

 

[Hyun Sai]

From a comment on hacker news:

Assuming that's all true, 'proven innocent' seems like a bit of a stretch.

In 1977, the victim was raped and robbed by two men, both whom she knew from her neighborhood. She identified them to the police as the children of women in the neighborhood Polly and Ollie Mae, and gave their addresses. The men were Lawrence McKinney and Michael Yancy. Police found both of them together at Michael Yancy's house, Yancy was watching TV and McKinney was hiding in the closet. They gave alibis for each other, claiming they had been there all day. Both were convicted of rape and burglary. This was a very reasonable conviction given the evidence against them.
In the years since, McKinney confessed to the rape and apologized for it during his parole hearings, which were denied. He was also a very problematic prisoner who was constantly getting into violent altercations with other prisoners and guards.
32 years after the crime, the bed linen was tested for DNA. It had a positive match for Yancy, and the victim's boyfriend, and a third man, still unknown. McKinney's DNA was not on the bed linen.
Based on this evidence, since this evidence would no doubt be considered relevant to the trial, the conviction was vacated. The parole board did not exonerate him because the evidence did not support exoneration, it only supported a new trial. Given that he had already served 31 years in prison, rather than have a new trial, in addition to vacating the sentence, the charges were dismissed and he was free to go.
Vacating and dismissal are not findings of innocence in the legal system. Based on the DNA evidence, it is an absolute fact that his friend Yancy raped and robbed the woman. He gave an alibi for this man, and vice versa. The woman said two men raped her, two men she knew, and identified Lawrence as the other one. Based on the victim's eyewitness testimony and her previous familiarity with the perpetrators, her testimony is extremely credible and the jury's verdict exceptionally reasonable. Not all rapists leave DNA on the bedsheets that is recoverable after 30 years.

Welp, seems like they may have released a violent rapist.

 

[Snkfanatic]

I'm as liberal as it comes. From SF and Berkeley. But the tone here is just so frustrating. I don't mean to ruffle feathers. And I work in likely the most diverse american profession. I'm just exhausted with the hate and fuel.

I am so sorry you have to read about it on a video game forum. I am sure the man in the OP and the hundreds and hundreds of similar cases all feel for you.

Hey man, I just wanted to post and say I feel the same way. I read all these threads and it's terrible the things that happen, but I never post because I feel like it's impossible to talk about anything without adding more fuel to the hate fire. The with us or against us attitude is so tiring, and I just want you to know that your not alone.

lol wow

 

[ScriptedReality]

By not seeing black people as human beings.

On the money

Hey man, I just wanted to post and say I feel the same way. I read all these threads and it's terrible the things that happen, but I never post because I feel like it's impossible to talk about anything without adding more fuel to the hate fire. The with us or against us attitude is so tiring, and I just want you to know that your not alone.

Hope a mod ships you off with him so y'all discuss more of your Racism :Light.

 

[Lovely Salsa]

So if the above is true....he probably did rape her

He shouldnt get a penny in that case but I think he served his time after 31 years

 

[remist]

So the victim identifies both men. They find the DNA evidence on the bed sheets for one of the men. This guy lies about his and his friends alibi.

This seems to lend credence to the victims testimony. Just because his DNA didnt make it on the sheets doesnt mean he is innocent. We never seem to get the full context of these stories initially.

 

[EdibleKnife]

Hey man, I just wanted to post and say I feel the same way. I read all these threads and it's terrible the things that happen, but I never post because I feel like it's impossible to talk about anything without adding more fuel to the hate fire. The with us or against us attitude is so tiring, and I just want you to know that your not alone.

Poor you. As someone who's lived his entire life on edge because I don't know when the color of my skin will make me into a victim, I can't imagine what it's like to be a little bit bummed that people in forum topics that you walk into aren't in the mood for your empty BS about not wanting to "add to the hate".

 

[Harp]

Another sad thing is even though he is out of jail, it will still show he was convicted. Of the crime. Another question how even get 30 years.