Quartavious Davis is still shocked by what happened to him in a US federal court two months ago. "My first offence, and they gave me all this time," said Davis, a pudgy African American with dreadlocks who spoke at the Federal Detention Centre in Miami. "Might just as well say I'm dead."
Davis was convicted of participating in a string of armed robberies in the Miami area in 2010. His accomplices testified against him, saying he carried a gun during their crimes and discharged it at a dog that chased them after one of their burglaries. But Davis was not convicted of hurting anyone physically, including the dog.
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Inside ... US Supreme Court decided that life sentences without parole for defendants under the age of 18 constituted "cruel and unusual punishment" even in cases of murder. Photo: Reuters
Davis would occupy no place at all in the annals of crime if not for his sentence. Now 20 years old, he was sentenced to 1941 months - almost 162 years - in prison without the possibility of parole.
On the day of Davis's interview, the US Supreme Court decided that life sentences without parole for defendants under the age of 18 constituted "cruel and unusual punishment" even in cases of murder. Unfortunately for Davis, he was 18 at the time of his crimes.
Nonetheless, Davis's lawyer will argue that Davis's sentence to die in prison also constitutes "cruel and unusual punishment" on the grounds that Davis is a "first offender", having never before been charged with a crime.
"Just as the Supreme Court recently held that the Constitution bars taking away all discretion from judges in sentencing juveniles to life imprisonment for committing murder," said the lawyer, Jacqueline Shapiro, "so also is it cruel and extreme to allow unfettered prosecutorial discretion to force a sentencing judge to impose a life sentence on a teenage first offender convicted of lesser charges".
Davis's unusually long sentence results from a controversial practice known as "stacking", in which each count of an indictment is counted as a separate crime, thus transforming a first-time defendant into a "habitual criminal" subject to multiple sentences and mandatory sentencing guidelines.
"Any law that provides for a mandatory term of imprisonment for a 19-year-old first offender that exceeds a century has got to be unconstitutional," said Michael Zelman, the court-appointed lawyer who represented Davis at his trial.
Zelman resigned from Davis's case after filing a notice of appeal. If Davis's new lawyer, Shapiro, has her way, the Supreme Court may ultimately decide the issue. The case will be appealed first to the Eleventh Circuit Court of Appeals in Atlanta.
Until then, Davis's story will be a prominent case in point for both sides in an increasingly heated debate, pitting those who would protect society from the prospective dangers posed by serial criminals against those who see the United States - whose overcrowded prisons house fully one-quarter of all the prisoners in the world, most of them black - as a bastion of injustice.
Cruel and unusual punishment?
OrangestO
Why does a black man have to steal to begin with? The white man dealt him this hand hundreds and hundreds of years ago. Just because slavery was abolished doesn't mean it doesn't exist in modern context. The media manipulates, education separates, the system incarcerates. To lock up a black 18-year-old kid for 162 years without the possibly without parole is not a Davis vs. The State of Florida issue. This is about the history of man and his capitalist agenda. This is about America still being hateful, racist and ignorant, even in 2012. It's frightening how many unenlightened people are there are in this country. Following along and not having a clue or idea about the Matrix they live in. this lower, middle, upper class bull. This is about the working class and the class of power. This is about putting the power in the people and giving them a voice. This is about conquering the fear we have about how much we may have to sacrifice in order to revolt and reach our aims. The system feeds on our fear. The system is reliant on our complacency. This cycle we live in will continue until man destroys most if not all of itself and the reset button is pushed. I pray for events that bring the revolution to fruition. I want to be a part of it. I want to be witness, participator, contributor. The future awaits us all.
Sushipunk
quote:
Originally posted by OrangestO
Why does a black man have to steal to begin with? The white man dealt him this hand hundreds and hundreds of years ago. Just because slavery was abolished doesn't mean it doesn't exist in modern context. The media manipulates, education separates, the system incarcerates. To lock up a black 18-year-old kid for 162 years without the possibly without parole is not a Davis vs. The State of Florida issue. This is about the history of man and his capitalist agenda. This is about America still being hateful, racist and ignorant, even in 2012. It's frightening how many unenlightened people are there are in this country. Following along and not having a clue or idea about the Matrix they live in. this lower, middle, upper class bull. This is about the working class and the class of power. This is about putting the power in the people and giving them a voice. This is about conquering the fear we have about how much we may have to sacrifice in order to revolt and reach our aims. The system feeds on our fear. The system is reliant on our complacency. This cycle we live in will continue until man destroys most if not all of itself and the reset button is pushed. I pray for events that bring the revolution to fruition. I want to be a part of it. I want to be witness, participator, contributor. The future awaits us all.
Cool story, bro.
Lira
quote:
Originally posted by OrangestO
Why does a black man have to steal to begin with? The white man dealt him this hand hundreds and hundreds of years ago. Just because slavery was abolished doesn't mean it doesn't exist in modern context. The media manipulates, education separates, the system incarcerates. To lock up a black 18-year-old kid for 162 years without the possibly without parole is not a Davis vs. The State of Florida issue. This is about the history of man and his capitalist agenda. This is about America still being hateful, racist and ignorant, even in 2012. It's frightening how many unenlightened people are there are in this country. Following along and not having a clue or idea about the Matrix they live in. this lower, middle, upper class bull. This is about the working class and the class of power. This is about putting the power in the people and giving them a voice. This is about conquering the fear we have about how much we may have to sacrifice in order to revolt and reach our aims. The system feeds on our fear. The system is reliant on our complacency. This cycle we live in will continue until man destroys most if not all of itself and the reset button is pushed. I pray for events that bring the revolution to fruition. I want to be a part of it. I want to be witness, participator, contributor. The future awaits us all.
Riveting tale, chap.
Guest
162 years for a first time offender?
Da fuk is wrong with you retards. The sad part is that the Harper cronies are bringing us closer and closer together
OrangestO
The moment is never too insignificant to become a part of the future.
Lagrangian
quote:
Originally posted by Lira
Riveting tale, chap.
:stongue:
OrangestO
We're all in on the ride of our lives. Jump out before it's too late.
dj_alfi
Stacking is ed.. They should either charge with either the worst crime, or the 'original crime', as in what they had planned to do.
Although there are always exceptions, and like matters of the law usually do it'll end up in retarded discussions on definitions. Is stealing a car during a robbery would be different than stealing it beforehand?
This seems to be a case where they've added stuff like jaywalking to the charges because they ran across the street to get away. That's ed up imo.
OrangestO
Disconnect yourself from the external influences. Teach yourself to sustain and survive without dependence on others. Grow your garden and ignite your fire. You have been produced and programmed to contribute to the wealth of the few, and armed with fallacies that have made your weapons dull and reflexes slow. Exercise your mind, stretch your thoughts and let the powers of your being become the driving force in your enlightenment. The system needs us, and without us, it does not exist. We must forfeit the consumption of materials in order to preserve the sanctity of life. Those who oppose you are only unaware of the signs and will not understand until they are shown the way. Their laughs are of ignorance and weakness, but together, our strength can grow.
