Monday, January 12, 2009

You Don't Need To Own a Gun...

...your government will protect you.

Stop me if you've heard this one before.

The Boston Herald pulled the CORI record for the subhuman piece of garbage who carved up his mother and ex-wife in New Bedford, Massachusetts last week. See previous post here.


...convicted of assault and battery, breaking and entering and malicious destruction of property.


...sentenced on a breaking and entering charge and drug possession.


...sentenced...for breaking and entering and larceny from a building, for receiving stolen goods, assault and battery with a chair and destruction of property.


...pleaded guilty to using a tray to assault a prison guard while serving a sentence.


...sentenced for assault and battery and larceny...


...pleaded guilty in court to assault and battery with a knife.


...convicted for using a car as a dangerous weapon in an assault and battery charge.

Do you think it might be time for Massachusetts to update the state's Sentencing Guidelines Grid?

(click to enlarge)

Level 3 Offense:

Assault and Battery with a Deadly Weapon (No or minor injury)
Breaking and Entering (Not dwelling)
Larceny ($250 to $10,000)

Criminal History of the Offender:

Violent or Repetitive (2nd highest level)

Sentence Range:

0 to 24 Months

...or does everyone deserve a 37th chance?

Of course, to be classified as a "violent or repetitive" offender, a person's record must include:

Six or more prior convictions in any combination for offenses in levels three, four, five, or six.

But, there's a catch. Isn't there always?

The commission adopted an incident-based approach for determining placement within a criminal history category. This means that multiple prior convictions with the same arraignment date are presumed to have arisen from the same criminal conduct, and are to be counted as one prior conviction based on the most serious offense of conviction. The presumption that several offenses arraigned on the same date arose from the same criminal conduct is rebuttable.

So, just going by Level 4 offenses, you could seemingly have a guy break into your house, hit you over the head with a baseball bat, and rob you blind. Yet, even if he's convicted on all three separate charges, it would, by default, only count as one conviction when used to determine his criminal history category for the purpose of determining his prison sentence (if he's even incarcerated, at all).

Five violent break-ins of that nature are apparently not enough to automatically make someone a "repetitive" offender in the eyes of the Commonwealth.

I have never before seen, nor will I ever see, a body of people so dedicated to preserving and defending the rights, liberties, and freedom of the violent criminal class, while simultaneously working to deny the same to the most law-abiding subset of the population, through ineffective and bigoted gun laws, as the Massachusetts General Court.

And, oh yeah...

I blame Halliburton.