Does this man deserve a 36 year sentence?

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Did this trucker deserve 36 years?

  • No fucking way, much less

    Votes: 32 56.1%
  • Hell yeah, agree with sentence

    Votes: 16 28.1%
  • Shoulda gotten Life

    Votes: 5 8.8%
  • No Clue

    Votes: 4 7.0%

  • Total voters
    57

We didn't lose the game; we just ran out of time
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Brutal story, yet i feel he got more than he should have

http://www.miamiherald.com/news/broward/breaking-news/story/814162.html
Monday was the first time Flavio Santisteban got a glimpse of his 1-month-old daughter Brenda -- and it likely was the last time for decades that he will see her outside the visiting room of a state penitentiary.

A Broward County judge sentenced the former truck driver to 36 years in prison for causing a fiery crash that resulted in the deaths of four people nearly four years ago.

Santisteban, 37, was convicted in September of four counts of vehicular manslaughter for what happened on Feb. 11, 2005.

Santisteban was driving a gas tanker carrying more than 9,000 gallons of fuel when the truck skidded out of control as he tried to merge onto the on-ramp to Florida's Turnpike from Interstate 595. His truck flipped onto a 2001 Mercury Sable station wagon carrying the four people and exploded.

Eyewitnesses stated Santisteban attempted to run toward the blaze in an effort to save people in the car, but was restrained by passing motorists. He suffered significant burns to his hands and face.

''I would have laid my life to save just one. I feel deeply for the families,'' Santisteban said through an interpreter during sentencing. ``I did not start out that day with intentions to kill or hurt anyone. I went to work. It was an accident.''

Three people burned to death in the car. The fourth escaped and stumbled into a nearby pond, where he drowned, according to the Broward County medical examiner.

Killed were Anita Epstein, 83, of Coconut Creek; Gloria Halpern, 56, of Potomac, Md.; her brother, Alan Klein, 52, and his wife, Deborah Klein, 49, both of Cherry Hill, N.J.

''He killed four people. When they died, he killed us, too,'' shouted a tearful Gertrude Pastelnick, Deborah Klein's mother. ``I have sleepless nights. I hear them screaming while they are burning.''

The victims' relatives filed a wrongful death lawsuit against Santisteban, which was recently sent to arbitration for a potential settlement. The family contends that he was fatigued from working long hours and was driving without breaks in order to receive bonuses from his company.

Prosecutors said Santisteban was driving as fast as 60 mph and was cutting motorists off as he entered the on-ramp to the notoriously dangerous interchange. The posted advisory limit was 35 mph.

Experts testified a truck the size of Santisteban's would roll over at 42 mph.

The Florida Highway Patrol concluded that Santisteban -- who had been cited for driving violations at least 10 times -- operated the truck ``with reckless disregard for human life.''

''Maybe this will be a lesson to all truck drivers that you are accountable for your actions,'' said Sari Weinstein, Deborah Klein's sister.

Despite being asked several times by Judge Jeffrey Streitfeld if he was remorseful, Santisteban refused to take blame for the horrific accident. Streitfeld said he would have considered a lighter sentence if Santisteban had admitted wrongdoing.

Lance Armstrong, Santisteban's attorney, said his client equates saying he was wrong with intentionally trying to hurt someone.

Friends testified that Santisteban, who has been in jail only for the past three months, has been depressed about the accident for nearly four years and often talks about how he wish he could have helped.

'We were in the hospital and he told me, `I saw them. I saw them. I just couldn't reach them,' '' Rolando Avila, a close friend of Santisteban's, said through an interpreter. ``He is a good person. He does not deserve to be in jail.''
 

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Extrememely tragic but still 36 years for an accident IMHO seems like a lot of time. I know it's easy for me to say as it wasn't my family that was wiped out but I have read about cold blooded murderers getting less time for a premeditated killing. I have to believe the guy's driving history had a lot to do with the sentence.


The Florida Highway Patrol concluded that Santisteban -- who had been cited for driving violations at least 10 times -- operated the truck ``with reckless disregard for human life.''


wil.
 

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The beauty of the U.S. justice system at work here. People like OJ Simpson get off the death penalty or time while this man receives almost a lifer. It was an obvious accident and he tried saving them, wtf were the people thinking during his case?
 

RX Senior
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And it will cost the tax payers about half a million to keep him in jail for that long.
 

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Its no fucking obvious accident when an asshole is driving a gas tanker with 9,000 gallons of gasoline is exceeding the speed limit by 25 miles (60 in a 35) and weaving in and out of traffic. That is reckless and wanton disregard for human life. I see gas tankers speeding like this almost everyday. This wasn't one of those situations where a trucker jackknifed because someone cut him off. Fuck him. Rot in jail.
 

We didn't lose the game; we just ran out of time
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Extrememely tragic but still 36 years for an accident IMHO seems like a lot of time. I know it's easy for me to say as it wasn't my family that was wiped out but I have read about cold blooded murderers getting less time for a premeditated killing. I have to believe the guy's driving history had a lot to do with the sentence.





wil.

The judge did say the guy never said it was his fault, thats why the sentence was so stiff, i can understand that though as it was HIS fault
 

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FROM WIKEPEDIA:


The United States has the highest incarceration rate in the world at 737 persons imprisoned per 100,000 (as of 2005).[15] A report released Feb. 28, 2008 indicates that in the United States more than 1 in 100 adults is now confined in an American jail or prison.[8] The United States has 5% of the world's population and 25% of the world's incarcerated population.[6]

In 2006 the incarceration rate in England and Wales is 139 persons imprisoned per 100,000 residents, while in Norway it is 59 inmates per 100,000, whilst the Australian imprisonment rate is 163 prisoners per 100,000 residents, and the rate of imprisonment in New Zealand last year was 179 per 100,000.

In 2001 the incarceration rate in People's Republic of China was 111 per 100,000 in 2001 (sentenced prisoners only), although this figure is highly disputed. Chinese human rights activist Harry Wu, who spent 19 years in forced-labor camps for criticizing the government, estimates that 16 to 20 million of his countrymen are incarcerated, including common criminals, political prisoners, and people in involuntary job placements. Ten million prisoners would mean a rate of 793 per 100,000.[17]
 

powdered milkman
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not a mailicous act nor was he drunk......very bad luck and maybe travelling too fast......5 years is plenty
 

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Country Incarceration Rate/100K

Russia 690
United States 730
Belarus 505
Ukraine 390
Latvia 375
Lithuania 360
Singapore 287
Moldova 275
Estonia 270
South Africa 265
Cook Islands 225
Hong Kong 207
Romania 200
Czech Republic 190
Thailand 181
Poland 170
Slovakia 150
South Korea 137
Kiribati 130
New Zealand 127
Portugal 125
Fiji 123
Hungary 120
Canada 115
Luxembou 115
Bulgaria 110
Scotland 110
Brunei Darussal 110
Macau 107
Spain 105
Northern Ireland 105
Malaysia 104
China 103
England/Wales 100
France 95
Germany 85
Italy 85
Austria 85
Turkey 80
Switzerland 80
Belgium 75
Netherlands 65
Sweden 65
Denmark 65
Finland 60
Greece 55
Croatia 55
Norway 55
Ireland 55
Malta 55
Solomon Islands 46
Iceland 40
Japan 37
Bangladesh 37
Slovenia 30
Cyprus 30
Philippines 26
Cambodia 26
India 24

source:
http://christianparty.net/incarceration.htm
 

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Agree with Kenny B. This guy was driving recklessly in a vehicle that SHOULD NOT be driven recklessly. You don't take these kinds of risks in a gas tanker. He was endangering everyone on that highway. He got what he deserved.
 

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US justice system is a joke:

some is still in jail for getting Blow Job (10 years)

US trying for extradation of Canadian who sold marijuana seeds over the internet. 'Prince of Pot' (Even Canada wont charge this guy)

there are so many examples its sickening, now with jails being privatized, its nothing but a bizness.
 

powdered milkman
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US justice system is a joke:


it lacks any common sense it the main problem
 
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36 years is a joke....but I realize it isn't a joke to the relatives of the dead...very unfortunate but 36 years is harsh...

He wasn't drunk, just speeding...5-10 years is plenty!
 

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Does the United States lead the world in prison population?
February 6, 2004
Dear Cecil:

What with the new war on terror and the ongoing war on drugs, I've heard a lot of people make the claim that the United States has incarcerated a higher proportion of its citizens than any other country in history. To me, this claim seems tenuous at best. What about countries such as China, the USSR, and Germany during the mid-20th century? Perhaps the jail population would be low, but with all of the secret detainments and labor camps, the actual total would be more befitting of the all-time title.

— Shawn Hatfield, via the Internet

Your skepticism is well-placed. The U.S. certainly doesn't have the highest incarceration rate in world history, and depending on whose figures you believe may not even have the highest rate now. However, to be honest, we're more competitive than you might care to hear.

According to the International Centre for Prison Studies at King's College London, the U.S. currently has the largest documented prison population in the world, both in absolute and proportional terms. We've got roughly 2.03 million people behind bars, or 701 per 100,000 population. China has the second-largest number of prisoners (1.51 million, for a rate of 117 per 100,000), and Russia has the second-highest rate (606 per 100,000, for a total of 865,000). Russia had the highest rate for years, but has released hundreds of thousands of prisoners since 1998; meanwhile the U.S. prison population has grown by even more. Rounding out the top ten, with rates from 554 to 437, are Belarus, Bermuda (UK), Kazakhstan, the Virgin Islands (U.S.), the Cayman Islands (UK), Turkmenistan, Belize, and Suriname, which you'll have to agree puts America in interesting company. South Africa, a longtime star performer on the list, has dropped to 15th place (402) since the dismantling of apartheid.

I'm not aware of any attempt to systematically compare imprisonment rates for all the world's sovereign states throughout history, and compiling such a list would be a daunting task. (Fax me those Sumerian jail records, would you?) But Stalin's Soviet Union, with its huge network of forced-labor camps, would surely be near the top. I've seen widely varying figures, but let's use the conservative Britannica number of five million prisoners in the Gulag in 1936. That works out to more than 3,000 per 100,000. The record holder, though, is undoubtedly Cambodia under the Khmer Rouge: the regime forced virtually the entire population into labor camps or prisons during the late 1970s, killing as many as two million of the country's six to seven million people.

Nazi Germany employed millions of slave laborers, but most were foreign nationals during wartime, so the comparison doesn't seem apt. China, though . . . well, 1.5 million prisoners is just the official figure. Chinese human rights activist Harry Wu, who spent 19 years in forced-labor camps for criticizing the government, estimates that 16 to 20 million of his countrymen are incarcerated, including common criminals, political prisoners, and people in involuntary job placements. Even ten million prisoners would make for a rate of 793 per 100,000.

Another nation suspected to have a lot of prisoners is North Korea. The country isn't listed in ICPS statistics, but a recent NBC News investigation put the number of political prisoners alone at 200,000, or more than 900 per 100,000.

Great, you're thinking. The only countries that might put away more of their own people than we do are both notorious authoritarian states. No question: considering we're supposed to be the land of the free, we've got a huge number of folks locked up. Most countries, including almost all our industrialized peers, have imprisonment rates under 200. India, hardly an orderly utopia, has a rate of just 29. What gives? You can try to explain our prison boom by pointing to political gambits like mandatory sentencing laws and the war on drugs, but that's dodging the question: Is crime here really that much worse than everywhere else?

Not necessarily. A comparison with the UK (incarceration rate for England and Wales: 140) is instructive. According to a U.S. Department of Justice report, rates for many types of serious crime are similar in the U.S. and UK, but between 1981 and 1996 they dropped here and rose there. Rates of burglary, assault, and car theft are now higher in Britain. Murder and rape are still vastly higher here, but the gap has narrowed. American law-and-order advocates will say: Of course! We put more of our bad guys in jail! Defenders of civil liberties, on the other hand, tend to see the get-tough approach as a way of putting the screws to minorities, whose chances of getting sent up the river--even for minor offenses like marijuana possession--are disproportionately high. Do more convicts = less crime? A knotty question, but luckily for me not the one you asked
 

Rx God
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The family contends that he was fatigued from working long hours and was driving without breaks in order to receive bonuses from his company.
.................................................................................................

He gets a bonus for going without breaks ?

Sounds like the trucking company is partially at fault.
 

We didn't lose the game; we just ran out of time
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Country Incarceration Rate/100K

Russia 690
United States 730
Belarus 505
Ukraine 390
Latvia 375
Lithuania 360
Singapore 287
Moldova 275
Estonia 270
South Africa 265
Cook Islands 225
Hong Kong 207
Romania 200
Czech Republic 190
Thailand 181
Poland 170
Slovakia 150
South Korea 137
Kiribati 130
New Zealand 127
Portugal 125
Fiji 123
Hungary 120
Canada 115
Luxembou 115
Bulgaria 110
Scotland 110
Brunei Darussal 110
Macau 107
Spain 105
Northern Ireland 105
Malaysia 104
China 103
England/Wales 100
France 95
Germany 85
Italy 85
Austria 85
Turkey 80
Switzerland 80
Belgium 75
Netherlands 65
Sweden 65
Denmark 65
Finland 60
Greece 55
Croatia 55
Norway 55
Ireland 55
Malta 55
Solomon Islands 46
Iceland 40
Japan 37
Bangladesh 37
Slovenia 30
Cyprus 30
Philippines 26
Cambodia 26
India 24

source:
http://christianparty.net/incarceration.htm
In order to be THE GLOBAL SUPERPOWER we have to be #1 in every aspect.

We are a well rounded country!
 

Honey Badger Don't Give A Shit
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A great example of why our criminal justice system should be reformed to deliver more Restorative Justice, rather than focusing on Punitive Justice.

Have the guy serve 10 years. Place him in a 'state jail' (similar to county but overseen by state). Allow him work release five days a week in a non-driving job so he can earn money, pay for his jail stay and give rest to his family.

On his two 'off days' he is permitted release to go to local hospital and do volunteer work in the burn ward.

After 10 years, he's 69 years old and likely no danger to anyone.
 

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For 36 years I'd like to see some form of intent in the crime.

The state offering that he has 10 violations - fuck, I must have had 25 speeding tickets in my life
 

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