Pribek

From Beitbart/AP.

Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. But a judge offered to reduce that to $35 if Vactor spent 20 hours listening to classical music by the likes of Bach, Beethoven and Chopin.
Vactor, 24, lasted only about 15 minutes, a probation officer said.

It wasn’t the music, Vactor said, he just needed to be at practice with the rest of the Urbana University basketball team.

“I didn’t have the time to deal with that,” he said. “I just decided to pay the fine.”

That’s only a little over a $5.00 an hour savings for listening to, as they said in college “serious music”. Not enough to entice a youngster.

Champaign County Municipal Court Judge Susan Fornof-Lippencott says the idea was to force Vactor to listen to something he might not prefer, just as other people had no choice but to listen to his loud rap music.

“I think a lot of people don’t like to be forced to listen to music,” she said.

She’s also taped TV shows for defendants in other cases to watch on topics such as financial responsibility. As she sees it, they get the chance to have their fine reduced “and at the same time broaden their horizons.”

As much as I normally dislike creative sentencing, I’ll give you a “nice try” on this one judge. You probably failed in the broadening horizons department but, maybe the guy got some of the point when he figured out, after 15 minutes, that he would rather just pay the dough.

Now, if the average offender is only going to last the 15 minutes; maybe you should have them check out some “volume and violence that makes most rock bands sound tame”.

I’m seeing more and more of this kind of story, where some judge takes it upon himself to issue a creative sentence.

A judge on Thursday ordered a Salvation Army worker who stole a holiday kettle containing about $250 to spend the night homeless.

Nathen Smith, 28, was to spend the night anywhere but a house, said Municipal Judge Michael Cicconetti. Smith was fitted with a GPS device to track his moves.

Once again, we have a case in which an adult is being treated like a child. We want this guy-this Nathen Smith, to “understand” the plight of the homeless. Maybe, if he has sympathy for homeless people, he won’t steal from them in the future. Is that the logic here?

“My initial reaction was, ‘Wow.’ But I don’t think the sentence is too harsh,” said Smith, who expected to spend Thursday night in a homeless shelter. “I can see the judge’s point because what I did, I shouldn’t have done. Now I’ve got to pay the consequences.”

Of course the sentence isn’t “too harsh”. This guy is getting a break and, right there is the problem. He doesn’t see it that way-he sees it as harsh. Fact is, he has the option of spending the night in a shelter as opposed to jail.

Smith, who also received a three-day jail sentence, pleaded guilty to a misdemeanor charge of theft.

Smith worked as a bell ringer for the Salvation Army outside a Kmart store in nearby Eastlake on Dec. 17. Police arrested him at his mother’s house after a co-worker reported that one of eight kettles was missing.

At least he will serve some time in jail, allegedly. But, here’s the thing; There is no need for “creative sentencing” here. The lesson this guy needs to learn isn’t that he shouldn’t take away from the homeless, the lesson is-don’t steal, period. Don’t steal stuff. How do you get that lesson across? Throw the guy in jail. Steal stuff-go to jail. Doesn’t matter if you steal from homeless or Paris Hilton; it’s stealing.

It gets worse.

Smith was scheduled to return to court Friday to determine how much community service he must do to avoid paying a fine and costs for the tracking system.

Don’t fine a guy that stole $250. He probably doesn’t have the money to pay the fine. Instead, throw him in jail, Municipal Judge Michael Cicconetti. Don’t put him in an orange jumpsuit to pick up trash, hire a garbage man. And, don’t spend money on a GPS; if he’s in jail it should be easy to track his movement.

[tags] creative sentencing, Nathen Smith, Judge Michael Cicconetti [/tags]