billryan
billryan
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January 30th, 2022 at 6:51:30 AM permalink
A man awaiting trial came to a pleas agreement where he would serve 9.7 years in jail. His lawyers, the DA, and the Judge all agreed to it, the agreement was entered in writing, and the judge pronounced the sentence in open court.
Only when he is incarcerated does anyone ask how many months his actual sentence is? His attorney says it should be 9 years and seven months, but the state is arguing it should be 9 years plus 7/10s of a year, which is a month and several days more.
You would think that after two hundred plus years, the Justice system would have these things ironed out.
It doesn't sound like that much of a difference unless you are the person being kept even one day extra or the children waiting to get their dad back after almost ten years.
The difference between fiction and reality is that fiction is supposed to make sense.
Johnzimbo
Johnzimbo
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January 30th, 2022 at 7:05:21 AM permalink
I bet under 9.6 years so I lose either way :)
rsactuary
rsactuary
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January 30th, 2022 at 7:07:56 AM permalink
Why is this even a question? A year has 12 months not 10. So the fractional part of the year is 0.7 x 12 = 8.4 months.

If he wanted to serve 9 years and 7 months he should have said so.
UP84
UP84
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January 30th, 2022 at 7:15:56 AM permalink
Quote: billryan

...Only when he is incarcerated does anyone ask how many months his actual sentence is?...

What's the problem? Multiply 365 by .7 and he serves that many days following his 9th year. Where is it written that prison terms must be served in monthly increments?
billryan
billryan
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January 30th, 2022 at 7:27:55 AM permalink
Quote: rsactuary

Why is this even a question? A year has 12 months not 10. So the fractional part of the year is 0.7 x 12 = 8.4 months.

If he wanted to serve 9 years and 7 months he should have said so.
link to original post



Evidently, sentences normally are given in months, so the agreement to write it out as 9.7 years was unusual and subject to interpretation.
The difference between fiction and reality is that fiction is supposed to make sense.
rsactuary
rsactuary
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UP84
January 30th, 2022 at 7:59:54 AM permalink
Quote: billryan

Quote: rsactuary

Why is this even a question? A year has 12 months not 10. So the fractional part of the year is 0.7 x 12 = 8.4 months.

If he wanted to serve 9 years and 7 months he should have said so.
link to original post



Evidently, sentences normally are given in months, so the agreement to write it out as 9.7 years was unusual and subject to interpretation.
link to original post



well let's just change our number system to base 12, then we won't have this issue.
billryan
billryan
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January 30th, 2022 at 8:18:17 AM permalink
Or Judges could stick to making their sentences in the proper format.
The difference between fiction and reality is that fiction is supposed to make sense.
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