Louisiana Supreme Court upholds Black man's life sentence for stealing hedge

[RidgeSprinter]

https://www.cnn.com/2020/08/06/us/louisiana-supreme-court-trnd/index.html

Life Sentence for failed theft?

But Johnson also mentioned the cost associated with Bryant’s sentence, writing that in his 23 years in prison, he has cost Louisiana taxpayers over $500,000.

“If he lives another 20 years, Louisiana taxpayers will have paid almost one million dollars to punish Mr. Bryant for his failed effort to steal a set of hedge clippers,”

 

[RhodesianSon]

Good sentence

The sentence is sanctioned under the habitual offender law, Johnson noted in her dissent, meaning that Bryant’s previous criminal history supports the sentence.

Bryant was convicted in 1979 for attempted armed robbery, in 1987 for possession of stolen things, attempted forgery of a check worth $150 in 1989 and for simple burglary of an inhabited dwelling in 1992, all before his 1997 arrest for the failed attempt at stealing the hedge clippers.

 

[Trader]

In my experience, career criminals are not the people best able to judge the fairness of a criminal penalty.

In 1995 I served on a jury for a man charged with auto theft, resisting law enforcement causing serious bodily injury, fleeing law enforcement causing serious bodily injury, and attempted murder of a police officer. We acquitted on the attempted murder count, but convicted on the other three felonies in what seemed to be an open and shut case, that would normally be settled in a plea agreement. Then we were called back to decide if he should be found to be an habitual offender. The evidence was presented that he had been convicted of two other separate felonies in the last 10 years. At that time Indiana law called for an extra 30 years. The criminal and his public defender did not think that was fair.

This was before Uber. When this guy needed a ride, he would just steal a car. His other two felony convictions were for auto theft. I felt more sorry for his neighbors who lost their transportation to get to work when he stole and wrecked their car.

 

[JanR]

What’s really unfair is that our current justice system will keep someone in prison for stealing a hedge clippers, but has let thousands of criminals back out on the streets who have committed heinous crimes, and used COVID as an excuse for it.

Shouldn’t we say that sauce for the goose is sauce for the gander?

 

[Nepperhan]

I think that the dissenting judge made a very good point. The law about habitual offenders is a direct descendant from the ‘pig theft laws’ after Reconstruction. Under those laws the former slaves could be imprisoned for minor crimes. Their labor then could be contracted out. In effect, the former slaves became less than slaves since they were contracted out with little incentive of the powers that be to see to their health or welfare.

It is well-known that there were instances of slavery in the US well after Lincoln and emancipation into the 20th century. " Since 1997, more than 1000 enslaved persons have gained freedom in Florida. An African American man, Jewel Goodman, was held against his will and forced into debt-bondage in Hastings, FL. Like many farm workers, he had been threatened with violence if he tried to leave the camp. After several failed attempts, Goodman escaped in the middle of the night. It took him two hours to get to the safety of a friend’s place in town (Tampa Bay Times)."

As for the criminal sentence, I think it is unconstitutionally cruel and unusual for a life sentence for that type of petty offense. The man should file a habeas petition.