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Man get's life for spitting on cop.

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  • Man get's life for spitting on cop.

    From CNN:

    http://www.cnn.com/2003/US/Southwest/07/02/crime.spit.reut/index.html

    OKLAHOMA CITY (Reuters) -- An Oklahoma man arrested on suspicion of beating his wife faced year in prison and a fine. But when he spit in an arresting officer's face, he got a life sentence instead, officials said Wednesday.

    John Carl Marquez, 36, was convicted of "placing bodily fluid upon a government employee," a felony that can carry a life sentence because of the possibility of transmitting a potentially deadly disease.

    State judge April Sellers White sentenced Marquez this week even though Marquez and the officer tested negative for any communicable disease.

    Marquez also was convicted of assaulting a police officer, and a jury recommended the maximum sentence because he had previous convictions.

    Marquez, arrested several months ago, could have received one year in prison and a $3,000 fine for wife beating, according to the Creek County court clerk's office.

    His lawyers said they plan to appeal.

    ----

    Actually, I think this is entirely too harsh, as he tested negative (If he was positive, then I'm all for it. ) However, as he did test negative, I think the cop should be allowed twenty minutes alone with him...or, if he wishes, he can designate someone to do the job for him.

    I just know that whenever I was rude as a kid, I got hit, and it worked. This guy needs the same treatment. [Wink]

    Probably be overturned, though. A bit too Draconian...though attempted murder sounds about right if he did have a disease.
    I haven't felt this good since we stole the 2000 elections!--Ned Flanders

  • #2
    I don't know what " Life " actuall means in Oklahoma, but it doesn't mean he will never see daylight again.

    In Texas, a life sentence is 60 years ( I'm pretty sure ). The person has to serve to serve half, which means he would be out in 30.

    quote:
    Marquez also was convicted of assaulting a police officer, and a jury recommended the maximum sentence because he had previous convictions.

    He sounds like a habitual criminal to me. If he is a habitual criminal, he needs to stay in prison. Espicially if he is assaulting police officers

    [ 07-02-2003, 06:44 PM: Message edited by: Evnings ]
    RADAR is the 8th wonder of the world.

    Comment


    • #3
      Sounds like a violation of his civil rights to me.

      quote:
      Amendment VIII (1791)
      Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

      Comment


      • #4
        I agree with Mike -- this is a clear violation of his civil rights. If you want to put him away for a long time for beating his wife, then that sounds reasonable. A life sentence merely for spitting on someone? If he had some aweful disease that could be transmitted in that fashion, then perhaps. But given that he didn't, this sentence is absurd.
        "Give a man a fish and he will eat for a day. Teach him how to fish, and he will sit in a boat and drink beer all day. " -- ???

        Comment


        • #5
          Reminds me of the fellow here in CA who got life for shoplifting...
          Concerning the difference between man and the jackass: some observers hold that there isn't any. But this wrongs the jackass.
          -Mark Twain

          Comment


          • #6
            quote:
            Marquez also was convicted of assaulting a police officer, and a jury recommended the maximum sentence because he had previous convictions.

            Marquez was a habitual criminal. Habitual criminals have had numerous times to try and overcome their social ineptness. It was a jury that gave the sentence. The sentencing guidelines were passed into law by the State Legislature and I am sure they have been scrutinized by several levels of state and federal courts. He has the right to appeal.

            This is not an 8th amendment issue. There is nothing cruel or excessive about sentencing a habitual criminal to life in prison. There are numerous states that have habitual criminal laws and have had them upheld by the US Supreme Court and every court between.

            Habitual criminals present a continuing and constant threat to society. They have shown that they are incapable of living within the rules that society has imposed on itself.
            RADAR is the 8th wonder of the world.

            Comment


            • #7
              I have to admit that I would have loved to see this dirtbag's face when the judge handed down this life sentence!! But having said that, and being someone who has also been spit on, life in prison seems a little harsh. Is this just another example of a "three strikes" decision? I find it difficult to believe that the legislature in OK fixed the penalty for this offense as life in prison. Here, it is really just harassment, a misdemeanor, unless the person is incarcerated and spits on a correctional officer.
              I also agree that this will most likely result in a reversal (if it's not a three strikes thing).

              Comment


              • #8
                Don't spit on Oklahoma officers.

                Jim Burnes

                Comment


                • #9
                  Facing a year for beating his wife but gets life for spitting at a cop. Yeah, nothing wrong with that picture
                  "They want the federal government controlling Social Security like it's some kind of federal program" ~George W. Bush, November 2, 2000

                  Comment


                  • #10
                    Do-not-spit-on-Oklahoma-police.

                    AIDS, or some STD nasties can be transmitted that way.

                    Jim Burnes

                    Comment


                    • #11
                      "Do-not-spit-on-Oklahoma-police."

                      But feel free to beat up Oklahoma women.

                      My point wasn't against the anti-spitting stance...although life sounds a little harsh. I just find the difference in sentencing strange to say the least.
                      "They want the federal government controlling Social Security like it's some kind of federal program" ~George W. Bush, November 2, 2000

                      Comment


                      • #12
                        But feel free to beat up Oklahoma women.
                        Well, theoretically at least, the man throwing spit was attempting to murder the police officer...

                        Besides...the woman should have had a gun.
                        I haven't felt this good since we stole the 2000 elections!--Ned Flanders

                        Comment


                        • #13
                          Reminds me of the fellow here in CA who got life for shoplifting...
                          Well, not really.

                          California's Three Strikes Law says that if you have at least two prior convictions for certain types of violent felonies (and some of the most heinous crimes known to mankind are on that list of felonies), ANY subsequent felony conviction MAY earn you a 25-to-life sentence.

                          To say that a "shoplifter got a life sentence" is a gross oversimplification the law, to the point of misrepresenting its true meaning. It implies someone who's never had a run-in with the law, who then screws up and fails to pay for a pack of gum at 7-11, will be spending the rest of his life at Folsom or Soledad or San Quentin. Nothing is further from the truth.

                          Some organizations oppose this law on the grounds that people who commit non-violent felonies shouldn't be sentenced to life. To which I say bovine-excrement. Those who are eligible for this law have already proven to society that they are worthless scum, and if they continue to commit crimes, it's clear these felons have no intention of changing their ways. So why does another innocent party have to risk being hurt, killed, or molested in order to put these people away forever? If they don't want to do the time, then don't do the crime.

                          9 years ago, the voters of California apparently felt the same way, as the Three Strikes Law was enacted by voter referendum, not by an act of the Legislature.
                          Last edited by Sig220Man; 07-05-2003, 08:55 PM.

                          Comment


                          • #14
                            Goodgirl,

                            The spousal abuse problem in Oklahoma is of equal importance to any other crime. The Oklahoma courts will not give slack to wife beaters; it is not "ok" to commit that particular crime. It may appear in the reports that the wife beating (which was the initial complaint) has become less important. But that's not the case.

                            On the face of it, life for spitting is exteme. But attempted murder, although it would have been a slow-motion act via AIDS, is also extreme.

                            Jim Burnes

                            Comment


                            • #15
                              He tested negative...therefore his spit was not a weapon. Therefore it was not attempted murder.

                              "It may appear in the reports that the wife beating (which was the initial complaint) has become less important. But that's not the case."

                              He faced 1 year and a fine for the wife beating. It was treated as less of a crime. I wonder if he spit at his wife during all of this? Maybe when he was yelling some spittle flew out of his mouth.

                              I just think it is too harsh...apparently you disagree.
                              "They want the federal government controlling Social Security like it's some kind of federal program" ~George W. Bush, November 2, 2000

                              Comment

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