I don't get it. This epidemic seems to be taking over the entire country, and getting worse by the day, and yet LEOs basically let people off with a slap on the wrist. Drivers fleeing from police also seem to be getting out of control. I think penalties need to be much more harsh on these drivers. Get caught driving without one of the three requirements (two in states that don't require insurance), and the state should confiscate the vehicle for 30 days. Get caught a second time, the state should take it permanently. They can't drive if they don't have a vehicle. Those who flee police should face a minimum of a year in jail, and the state should permanently take the vehicle, auction it off, and keep the money. Giving people tickets, and suspending licenses does absolutely nothing to keep these people off the roads. They just drive anyway....
Why aren't penalties stiffer for people who drive without a valid license/registration/insurance?
- Thread starter grampi
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dnewton3
Staff member
I'm going to take exception to your statement.
LEO's don't "let people off with a slap on the wrist." LEOs don't control who gets charged; that's the Prosecutors. LEOs don't set the penalties; that's the Legislature. LEOs don't oversee the trials; that's the Judges.
In most states, and certainly in Indiana, fleeing a LEO in a vehicle is a felony. IC 35-44.1-3-1
Why those folks aren't held accountable isn't because of LEOs.
LEO's don't "let people off with a slap on the wrist." LEOs don't control who gets charged; that's the Prosecutors. LEOs don't set the penalties; that's the Legislature. LEOs don't oversee the trials; that's the Judges.
In most states, and certainly in Indiana, fleeing a LEO in a vehicle is a felony. IC 35-44.1-3-1
Why those folks aren't held accountable isn't because of LEOs.
I've wondered this myself. I'm thinking it's just another ploy to keep the police guessing and confuse them as much as possible.
To me it sounds very similar to a policeman finding crack cocain in someones pocket. "But officer, these are my cousins pants"!
To me it sounds very similar to a policeman finding crack cocain in someones pocket. "But officer, these are my cousins pants"!
A lot of facts would be needed given the ground the OP covered.
penalties are not set by law enforcement. The legal system, courts and judges set the penalties.
Just my $0.02
Just my $0.02
I didn't say it was. What I said is penalties should be stiffer. I know the LEOs can only do what they're allowed to do...
I know that, and they need to be more harsh...
dnewton3
Staff member
NO, you clearly laid it at the feet of LEOs ...
grampi said:
I can accept that perhaps you made a mistake. But you said what you said. If you misspoke, that's fine; we all make mistakes.
Again, you're completely ignoring the title of this topic...it's directed at law makers, not LEOs...
I hear what you are saying but above you made it sound like the LEO's let people walk away. I don't believe this for one minute.
Just my $0.02
They will ignore the fines.
I don't either, which is why I didn't say that. I understand LEOs are only permitted to do what they're allowed to do...I'm not blaming them, I'm blaming the law makers...let's not turn this thread into something it's not...
You probably need to re-read what YOU wrote then 'cause you're clearly confused. Since you're back-pedaling now, you should not have even mentioned LEO in your post. But you did.
Go Bucks, by the way too !!
dnewton3
Staff member
Grampi, again, I can accept that you may have misspoken.
But your title only asks why penalties aren't stiffer. Then your first sentence blames the LEOs.
I'm not ignoring the topic. You're avoiding admitting your own mistake.
No matter. We understand now that you were perhaps a tad careless in your choice of words. It's not the end of the world. I was merely clarifying the general roles of the Judicial system.
But your title only asks why penalties aren't stiffer. Then your first sentence blames the LEOs.
I'm not ignoring the topic. You're avoiding admitting your own mistake.
No matter. We understand now that you were perhaps a tad careless in your choice of words. It's not the end of the world. I was merely clarifying the general roles of the Judicial system.
Not back pedaling at all, trying to correct the posts from people who are trying hijack the thread...and the Bucks suck...loses to MI
I think what you meant to say was "The time limit to edit my own post is past". No one has hijacked anything because we're commenting directly off of your words. Hijacking means side-tracking based on tangents or related topics.
I didn't misspeak, you misunderstood...I'm not arguing this anymore, it's stupid...
dnewton3
Staff member
As for the penalties, those are set in the State statues ... each level of violation (misdemeanor or felony) typically has X months or Y years for any specific level, as a maximum.
Then the jury finds guilt or innocence. If guilty, the Judge sets the penalty within the allowable range of choices set by the Legislature.
If you want to see higher penalties, you have to get the legislation changed, and then get judges to tend towards the maximums.
I'm not sure all vehicles should be confiscated. Obviously, if the car is stolen or otherwise not intended to be used in the crime by the owner, then the car is an unwitting victim as well. Only if the criminal uses his own car could forfeiture be considered.
And, you're going to have to pay higher taxes, because generally every state penal system is already over-capacity. Hence, you have to build more jails and prisons, and pay more guards, etc. Often inmates and prisoners are given leniency because the housing systems are over-crowded.
Then the jury finds guilt or innocence. If guilty, the Judge sets the penalty within the allowable range of choices set by the Legislature.
If you want to see higher penalties, you have to get the legislation changed, and then get judges to tend towards the maximums.
I'm not sure all vehicles should be confiscated. Obviously, if the car is stolen or otherwise not intended to be used in the crime by the owner, then the car is an unwitting victim as well. Only if the criminal uses his own car could forfeiture be considered.
And, you're going to have to pay higher taxes, because generally every state penal system is already over-capacity. Hence, you have to build more jails and prisons, and pay more guards, etc. Often inmates and prisoners are given leniency because the housing systems are over-crowded.
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