Judge for a day - II: Escapee edition
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Since the first installment of “Judge for a day” was so successful, I’ve decided to bring it back for another round. This time, ripped right from the headlines. By now, most of you have heard of Susan M. LeFevre. LeFevre, also known as Marie Walsh, was arrested in her “hometown” of Del Mar, San Diego. Problem is, she was on the lam for 32 years. LeFevre, as she was known back in Michigan, was sentenced to a 10 to 20 year sentence back in 1974, for sale of heroin (although differing stories are emerging about her role).
One year later, she ran away from the prison, at the age of 21. Now 53, she is married with children, living a law-abiding, successful life. Now, she faces the remainder of her sentence and a corrections spokesperson said that it’s most likely that she’ll be required to serve 5 1/2 years of the time she owes.
Pretend, however, that you are the prosecutor/judge that has to decide what to do with her. She obviously escaped from prison and owes time. Since then, however, she has lived a law-abiding life and has raised a family. This was also 32 years ago. She is now 53. Important to note, also, is that her co-defendant was released on parole after serving two years of the same 10 to 20 year sentence. He was sentenced on the same day as her.
What do you do? Do you go after her hard for the escape? Or do you take into account her life and her family and the nature of the crime (drugs, after all) and her age at the time of the crime and offer to re-negotiate the deal and sentence her to something lesser, like probation and community service?
After all, one of the purposes of imprisonment is rehabilitation and prevention of future crime. She’s already shown that she’s no recidivist, so is there any point to incarceration now?
What would you do and what do you think is the just outcome in this case? I’ve already tipped my hand as to what I think should happen.
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I practice criminal defense law in Michigan. Had she stayed in, she could have gotten a reduction of 1,314 days off her 10-year minimum, or about 3.6 years off, for good behavior. That might not include the additional 50% she could get off for “special good time” in addition. Furthermore, when she would have been in, everyone in the prison system received a number of 90-day sentence reductions (about another two or two-and-one-half years), due to overcrowding. She did one year or a little more, has lost all her good-time, and won’t get the benefit of the 90-day sentence cuts. She could have been out in another two to three years, had she not escaped. My clients did the time. I favor rehabilitation, but don’t think she should get off without doing at least what she would have done, had she not escaped. However, prosecution for escape, a 5-year consecutive sentence, usually with a one-year minimum, would be overkill, though that’s what almost all escapees face.
That’s interesting. The article stated that the co-d got out about a year after she escaped - essentially serving 2 years total. Would she not have served the same amount if she had stayed in? If so, then she should do about a year.
After 32 years, you have to wonder if there’s a way a prison bed could be used more effectively. I agree that some time is warranted, although she’s doing it now, while she awaits the final disposition, and I am sure that the time she is doing is far from pleasant.
My law and order bona fides is about as good as it gets–I would never have turned this woman in.
whoever squelled on her i have abouslety no respect for also prison serves no useful purpose 90% of inmates could be relesaed and put in communty based programs and save the tax payers billons of dollars and rehailabted back into sociecty which is what prison is supposed to do but fails miserably just look at what she acconmlised on her own give her a fullpardon and save the state a lot of money the only pepole who should be in prison are white collar crimminsl ripping of the average citzen what about murder charges for george bush 4000 plus deaths in iraq and all those he laughed about as they were excuted in texas lets get real about this woman she is no threat to anyone why not make public the name of the person who tipped of the authorities