Sage the Lawyer

"Correctional officers from the jail responded to a medical emergency in one of the cell pods.

There, inmates explained that they believed [Jessica] Barry was experiencing a drug overdose.

Within 3 minutes of being notified of the emergency, officers gave Barry a dose of Narcan.

A total of six doses of Narcan, chest compressions, and an AED were given to Barry, but officers were not able to resuscitate her."

Tragic stuff. I know we all like to blame the cops, and usually I’m 1000% on board, but it sounds like they did everything they could here. At most they could maybe be blamed for not catching and stopping the drugs from getting in. Maybe the ongoing investigation will turn something up as to how that happened, but I can’t say I’m surprised. I’ve been that courthouse and jail. It’s not the most well-funded, and addicts tend to find a way. Sad stuff.

I don’t necessarily disagree with you. I don’t think there’s really a number of years to put on it to make it appropriate. But I’m sure the lawyers discussed all the points you raised in negotiating this sentence. These numbers aren’t pulled out of our asses, there are guidelines (almost certainly, again, not barred in NY) which help ensure similarly situated defendants are sentenced similarly.

What I’d like to hear more about, is whether the judge also ordered some kind of anger management counseling. I think that’s what she needs more than a longer sentence.

If we truly want to balance the goals of protecting the public, adequately punishing the defendant, and also rehabilitating her, I don’t think a few more years either way is what makes the biggest difference. I think it more depends on what she does with that time. I’m not sure what the situation is like within New York prisons as far as counseling goes, but if they have good programs, it’s hard for me to imagine, if she takes it seriously, that 8.5 years of good counseling wouldn’t be helpful to her, and to society at large.

I also think she could make all those gains in counseling, again, if she truly takes it seriously, within a couple of years. But then, I could probably be convinced that 2-3 years isn’t long enough for causing someone’s death. I’ve seen people get that for having the wrong amount of weed on them.

But then we get into the larger discussion about the entire prison industrial complex. We need some kind of change with how our prisons operate. Exactly how that looks isn’t the point here. I’m just trying to point out that there’s a bigger picture in play, and hope that people will consider that in the future.

In the end, nothing we say here has any impact on her life or the issued sentence. But it might have a difference in how people perceive and talk about the system as a whole in the future, so I think it’s important to not lose sight of that.

Defense lawyer here, though not in New York so take this all with a grain of salt, I just felt I should put my 2 cents in based on the vibes in this comment thread.

It is weird for a judge to go against a joint recommendation, which seems to have happened here. It takes something extraordinary. The article indicates that the judge felt she didn’t truly feel remorse for her actions, which could do it, but doesn’t always do it. But, to me, just the fact that the judge went against a joint recommendation will always raise an eyebrow. Usually, if the sentence isn’t harsh enough, the prosecutor won’t agree to it, and if it’s too harsh, the defense won’t agree to it. So joint recommendations are almost always followed.

Yes, it’s “only” 6 more months, but that’s really not insignificant.

Now, to all the people screaming about how it’s not enough (and especially to the one person saying she should have her citizenship revoked (???)), I wonder, how many of you are also against the prison industrial complex we have here in America? I challenge you to think beyond your initial emotions. Is this death tragic? Yes, absolutely it is. It was senseless violence for no good reason. So I agree, it deserves a harsh punishment.

But everyone keeps calling it murder. Not every killing is a murder. I also want to challenge people to watch their language. Murder carries with it an intent to kill. A shove does not intend death, regardless of who is being shoved. No, it shouldn’t have happened, yes, it’s tragic, but it was not a murder.

Now, all of you calling for 20+ years, really think about what you’re saying. Do you think this person has no chance of rehabilitation? Those are the people we put away for life. I don’t think that’s the case here. She fucked up. Obviously. She deserves to be punished harshly, and make no mistake, she is. 8.5 years is a LONG time. Think back to where you were 8.5 years ago. Were you the same person? I doubt it. Now, do you think she might better herself in those 8.5 years? I think it’s very likely, though again, the prison industrial complex makes that less guaranteed.

Sentences have many goals. Some of the primary goals are punishment, protection of the public, and rehabilitation of the defendant. Does this sentence punish her? Yes, a lot. Does this sentence give her a chance for rehabilitation? I’m not sure on that one, but that’s because it may, if anything, be too long, and cause her to get too used to life in prison, and increase her likelihood of recidivism. But that’s not her fault, that’s the fault of the prison industry. Does this sentence protect the public? I say yes. She lost her temper once and it’s now going to cost her 9 years of her life (if you include the duration of the case). That’s a hell of an incentive not to repeat.

Alright, I think that’s all I really want to say. But please, everyone, in the future, try to think about how our prison system really works, and how much you support it, when you’re discussing individual crimes, not just when you’re talking about the system as a whole. I think most people on this site lean left, and therefore should support reducing the prison populations, but this comment section has me worried with everyone here frothing at the mouth to give MORE prison time, when the sentenced amount should be enough to satisfy our sentencing goals.

American here. While I don’t really know much about the specifics as far as the language killing goes, I think the blame for the vast majority of atrocities that were inflicted on the Natives falls on America, not England.

Sure, it started with you, but when we separated, we had only stolen the most of the east coast. Now we’ve stolen damn near everything. And Andrew Jackson in particular is to blame for a fuckload of it. He’s definitely ours, as much as I’m ashamed of it. Hiding from history doesn’t do anyone any good.

Criminal defense attorney here, confirming this is correct in at least every jurisdiction I’m aware of.

But as always, it’s best to contact a lawyer in the same jurisdiction of the court to know for sure.

Sounds like someone needs to google en passant.