Topic: Rapist gets four life sentences | |
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WEST PALM BEACH - A judge has sentenced a man to life in prison for the kidnapping, rape and robbery of a woman at her North Palm Beach apartment, WPTV-Ch. 5 reports.
Bobby James Broomfield was a maintenance man who had fixed the victim's air conditioning before the attack two years ago. He illegally entered her apartment at Sanctuary Cove and assaulted her. "I will always see and feel the machete pressed up against my cheek," the victim said during the sentencing hearing, WPTV reports. "I will always feel the zip ties pulled tight around my wrists." Broomfield was found guilty of seven charges and was sentenced to four life sentences Thursday. read this in this mornings paper, this is a very heinous crime and again so I am not misunderstood, I am not condoning any illegal activities but questioning our justice system and always trying to learn how it works. Since so many members here have more knowledge than I regarding it, I ask in the forums. How are the sentences for any crimes calculated? I believe they are categorized whether Misdemeanor or Felony and what class they are?Are there set minimums/maximums for each charge? Is the jury able to add/remove years from sentencing or do they just make a recommendation. Does this fall solely on the judge? |
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As to how a crime is classified, that's up to the prosecuting attorney and usually depends on circumstances (i.e. drugs, the amount you have, whether you're just holding or actively using, whether weapons are present, etc).
Sentencing is up to the judge, but they will usually follow the recommendations of the prosecuting attorney or will follow a plea bargain. However, they are not bound to do so. There are guidelines for every crime, the judge has great leeway within those guidelines but he cannot go over the maximum for each individual crime. He can, though, go under minimum guidelines if he feels the situation warrants. For young offenders or minor crimes, this often happens. Using the above example, the judge can sentence him the maximum sentence for each individual count he was convicted of. He also has the discretion to decide whether the sentences run consecutively or concurrently. Except in death penalty cases (I believe), the jury does not decide the sentence, only whether or not to convict. Sometimes, they also decide on the charge. If a murder is committed, they are often given the job of deciding whether it's say, 3rd degree murder or manslaughter (they have to decide on the intent of the perpetrator). |
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Thanks Suz!!!!
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I don't know the laws in Florida, but I can speak from Michigan laws. There are different counts of criminal sexual conduct.
Offenders are usually charged with multiple counts but usually one convicted on one. Because a weapon was involved he was probably charged with 1st degree criminal sexual conduct. In Michigan that can be a 20 year/life sentence. Since he kidnapped (or held against her willing) and convicted on that charge depending on the state that time would be tacked onto the time on the other conviction. He might/could have been charge with felonious assault, which would have added to his sentence. Armed robbery can also add a life sentence onto his sentence. And if she was assaulted and left for dead that would constitute attempted murder. Anything that involves a weapon is usually classified as a Felon. If the offender has previous convictions for serious crimes that would garner a felon conviction on any following offences. Yes, there are min and max sentences for crimes those are set the the court jurisdiction in the state or local area. Jury can make recommendations for sentencing changes, however the judge does have the final say because he signs off on it. But usually the jury is instructed on what kind of sentence will most likely granted based off the charge. Jury can decided what degree of conviction the offender will be charged with. Prosecuting attorneys and defenses attorneys can also push for particular sentences. If both the prosecutor and defenses attorney agree on a plea or at the time of sentencing can also make recommendations which the judge can take into consideration. In the end if the defended feels that he/she had an unfair trial, there is always appeal. Which most that are convicted of a crime will generally attempt to appeal until they amount of appeals are up. I hope that made sense. |
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Thanks Tanya - made great sense.
Another question, during jury deliberations, the jury is instructed on the charges facing defendant, makes sense as they heard testimonies etc., however, you stated the jury can decide the degree of conviction? explain please... does this mean for the ease of my understanding in a case of murder, the jury decides Murder 1, Murder 2, Manslaughter??? curious |
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Edited by
tanyaann
on
Fri 06/19/09 06:28 AM
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Thanks Tanya - made great sense. Another question, during jury deliberations, the jury is instructed on the charges facing defendant, makes sense as they heard testimonies etc., however, you stated the jury can decide the degree of conviction? explain please... does this mean for the ease of my understanding in a case of murder, the jury decides Murder 1, Murder 2, Manslaughter??? curious For each crime, there will be a variety of convictions normally. So for Rape... they maybe charged with criminal sexually conduct 1 & 2, generally it will be up to the jury to decided with charge fits the crime based off of the statues. The reason that the prosecutor will make multiple charges is that they can one of the charges to stick. Now granted this is in really basic laymans' terms because I didn't go to law school. My experience is from being a crime victims advocate. |
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Any time a weapon is used, that makes the crime aggravated. Kidnapping, and rape are both class X felonies here in Illinois, so when you add a weapon charge to that, it makes it mandatory life on each. He probably also got a separate weapons charge, what's called a UUW (unlawful use of a weapon), which when added to the other charges, also makes it a class X felony. Him tying her up with zip-ties adds a charge of illegal, or unlawful detention.
Home invasion, which is different from a burglary in that you either know someone is home, or have reason to suspect that someone is home, ie.. breaking in at 3am, is also either a class 1, or class X felony. Add it all up, and the guys locked up forever. And rapists are just a hair above people that do nasty stuff to kids on the slimeball scale, so he's in for a fun time. |
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Thanks Tanya - made great sense. Another question, during jury deliberations, the jury is instructed on the charges facing defendant, makes sense as they heard testimonies etc., however, you stated the jury can decide the degree of conviction? explain please... does this mean for the ease of my understanding in a case of murder, the jury decides Murder 1, Murder 2, Manslaughter??? curious Yeah, sometimes but not always. For example, in the case of a drunk driver. Say a drunk driver kills someone while driving home from the bar. They're not falling down drunk, maybe had just that one too many. Not drunk, but not completely sober either. A jury might have to decide whether it's vehicular manslaughter (for all intents and purposes, a preventable accident but no actual intent to cause harm) or 3rd degree murder (which is basically they didn't intend to cause harm but there was reasonable expectation and knowledge that their action could cause harm). Most of the time, the prosecuting attorney will decide on the charge. However, sometimes there's a fine line and a jury might have to decide whether a defendant is guilty of a lesser or greater crime. |
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Thanks again ((((tanya)))
Els - thank you ![]() |
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The sad thing about the legal system is that if the state's attorney goes for just one felony charge, instead of laying a bunch of them on someone, and the jury doesn't find them guilty, they walk.
But, at the same time, if that does happen, the state's attorney can re-charge the person with everything else EXCEPT for the charge that they already went to trial for. |
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(((suz))) you rock
You guys think I am curious here, boy if I were a juror, this would go on for years (joking here people) as I question everything. but it is great to know so many people that do know the system and trust me I'm learning ![]() |
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The sad thing about the legal system is that if the state's attorney goes for just one felony charge, instead of laying a bunch of them on someone, and the jury doesn't find them guilty, they walk. But, at the same time, if that does happen, the state's attorney can re-charge the person with everything else EXCEPT for the charge that they already went to trial for. OK Els, you did it I am confused again, huh??? for every crime just how many charges are there??? are charges like a cya??? just in case??? know of double jeopardy where a person cannot be tried again for the same crime they were tried, but in this case all they do is change the top charge, correct? |
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(((suz))) you rock You guys think I am curious here, boy if I were a juror, this would go on for years (joking here people) as I question everything. but it is great to know so many people that do know the system and trust me I'm learning ![]() I would love to be on a jury (I know, I'm weird) but I'm like you, I question so much, I'd probably piss everyone off ![]() ![]() ![]() |
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One of my co-workers just spent the last 18 months on the Grand Jury for Drew Peterson. They met every Thursday at the couthouse. He was/is so jaded by the legal system now.
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(((suz))) you rock You guys think I am curious here, boy if I were a juror, this would go on for years (joking here people) as I question everything. but it is great to know so many people that do know the system and trust me I'm learning ![]() I would love to be on a jury (I know, I'm weird) but I'm like you, I question so much, I'd probably piss everyone off ![]() ![]() ![]() I know I'd piss everyone off and they'd probably try to throw my behind out of a window ![]() hey Suz, if you were in a jury do you think you'd succumb to peer pressure??? |
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The sad thing about the legal system is that if the state's attorney goes for just one felony charge, instead of laying a bunch of them on someone, and the jury doesn't find them guilty, they walk. But, at the same time, if that does happen, the state's attorney can re-charge the person with everything else EXCEPT for the charge that they already went to trial for. OK Els, you did it I am confused again, huh??? for every crime just how many charges are there??? are charges like a cya??? just in case??? know of double jeopardy where a person cannot be tried again for the same crime they were tried, but in this case all they do is change the top charge, correct? Say that a person is killed, like in the Phil Spector case. The evidence shows that a gun was used, but as there are no witnesses, and there may not be a motive, you can try just one count, say murder, but if you don't prove it, you may have to go to trial all over again. If you charge the person with murder1, murder2, and manslaughter, you're cya, and that when the jury gets the go ahead to try for a verdict, they have lots to choose from. |
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Edited by
franshade
on
Fri 06/19/09 06:49 AM
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playing devils advocate Els.
Say that a person is killed, like in the Phil Spector case. The evidence shows that a gun was used, but as there are no witnesses, and there may not be a motive, you can try just one count, say murder, but if you don't prove it, you may have to go to trial all over again. If you charge the person with murder1, murder2, and manslaughter, you're cya, and that when the jury gets the go ahead to try for a verdict, they have lots to choose from.
so for my understanding every action gets dissected and used as a charge for means of allowing prosecutors to prove guilt and convict? did I get it right? |
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playing devils advocate Els. Say that a person is killed, like in the Phil Spector case. The evidence shows that a gun was used, but as there are no witnesses, and there may not be a motive, you can try just one count, say murder, but if you don't prove it, you may have to go to trial all over again. If you charge the person with murder1, murder2, and manslaughter, you're cya, and that when the jury gets the go ahead to try for a verdict, they have lots to choose from.
so for my understanding every action gets dissected and used as a charge for means of allowing prosecutors to prove guilt and convict? did I get it right? YES, you got it now. ![]() |
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playing devils advocate Els. Say that a person is killed, like in the Phil Spector case. The evidence shows that a gun was used, but as there are no witnesses, and there may not be a motive, you can try just one count, say murder, but if you don't prove it, you may have to go to trial all over again. If you charge the person with murder1, murder2, and manslaughter, you're cya, and that when the jury gets the go ahead to try for a verdict, they have lots to choose from.
so for my understanding every action gets dissected and used as a charge for means of allowing prosecutors to prove guilt and convict? did I get it right? Unless you live in Texas, then it is an automatic death sentence. Speeding that's the death sentence. Jay walking that's the death sentence. ![]() |
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