Troubling sentence for murder conviction
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By Jeremy Eugene Reed in General Published: Wednesday, 19 December 07 - 04:14 PM (GMT) Last Updated: Wednesday, 19 December 07 - 09:00 PM (GMT) |
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This is an interesting case that shows the difference in how men can be treated quite differently, not only in the family law system, but also in the criminal justice system. Traci Rhode was convicted of 1st degree murder (the worst kind, premeditated, bad stuff.) She was sentenced to probation. That’s right, probation. I know of shoplifters that have trouble getting probation, but murder in the first?
Now, to be fair, according to the articles I have read, there very well may have been reasonable doubt in this case. See http://www.thehawkeye.com/Story/No_prison_120707.But that should go to the verdict, not the sentence. So if the jury (who determined the sentence in this case, a relatively strange procedure) thought that she wasn’t proven guilty, then not guilty is the appropriate choice. But to offer probation for the most serious crime one can commit is bordering on the ridiculous. And the fine. She has to pay $10,000 in fines by 2016. Less than many used cars.
So why post about this in a men’s rights blog. I actually struggled with this. As a defense attorney, I certainly appreciate that with the limited info I have available, it seems that this was not the greatest prosecution ever, and that there may have been reasonable doubt. If there is reasonable doubt, then I expect juries to acquit. On the other hand, I thought about the likely result if a man had been found guilty of murdering the mother of his two children. I suspect the sentence would be significantly different.
In the case of Zakaria Oweiss, there was also some doubt, possibly reasonable doubt. Dr. Oweiss’ wife was murdered, allegedly by him. The evidence was sketchy, and there was doubt about who actually committed the crime. The jury argued about whether Dr. Oweiss, or one of his grown sons, had killed Dr. Oweiss’s wife. Eventually, the jury covicted Dr. Oweiss of the lesser offense of 2nd degree murder. Dr. Oweiss was sentenced to 30 years in prison. See http://www.washingtonpost.com/ac2/wp-dyn/A49922-2003Mar18?language=printer .
I will try to keep my eye out for additional information on this case to see if there are any juror interviews so that we can further understand why the chose the sentence they did.
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