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Date Posted: 20:39:10 09/30/11 Fri
Author: First Time Offenders Law (First Time Offenders Law)
Subject: First Time Offenders Law
First Time Offenders Law
By patrick v bakaturski r62877 p.o. 1000 menard, ill 62259 thank you.
To all who read this letter I hope that you have a open mind. I am a first time offender who was sentenced to 40 year. I made a open plea of guilty to the attempt first degree murder and was senteenced to a maximum sentence of 30 years and a term of 10 years running consecutively. when I plead guilty I was told the judge would give me less time if I plead guilty yet the gave me the the max on one of my sentences. see in the state of Illinois there is some thing called Truth-in-sentencing which states if a defendant inflicts severe bodily in jury the sentence must be run cosecutively and know more then 85% can be given for good time. under the truth and sentencing laws if you are a first time offender the courts dont care.
The problem is that the courts in Illinois are not equired to take any miltigating factors under revieew and apply a fair sentence baed on those factors. the courts are allowed to totally ignore substantial mitigation presented to them by a defendant. for examole, if the defendent pleads, is a first time offender, if there is a strong rehabilitative potential of the defendant and if the defendant has other mitigatting evidence ti show the court. the standards of review need to be changed inorder for a more just sentencing system baced on rehabilitation not vengence. "the standard of review to be applied in determining whether a sentence is exessive is whether the trial judge abused his discretion in imosing that sentence. people v. lapoite (1981)."judges in the stateof Illinois do not have any guideline which tell them they cannot hand down mamimum sentences or that restrict there power in handing down long prison sentences. when a sentening judge fails to give proper consideration to mitigating factors the appellate court sides with the sentencing jugee 99% of the time because theres no laws governing how much time should be takens off of the maximum sentences for each mitigating factor. like I just stated there is no law which directs the senencing judge with reguards to how much time should be handed down. this is why I want a bill to be passed which will take the power out of the judges hands and put it in the voters. what I would like is the state of Illinois to change this error in the sentencing law and make the new law retroactive, so people in prison can put in for resentencing under the law just guidelines. I need the voters of the state of Illinois to ask localrpresentavive to write up a bill or allow the voters of the state of Illinois to vote on one.
Here are the new guide lines which I want that state of illinois to take under consideration:
1. repeal of the truth-in-sentencing law. allow all prisoners in the state of illinois to earn there why out of prison by lower the 100% and 85% good time laws to 50% sentencing term.
2. if you plead guilty to any offeenced you cannot be sentenced to more the 80% of the mamium time range of said offence.
3. if youare a first time offender and/or under the age of 18 years old you canot be sentenced to more the 65% of the mamimum time range of said offence. no one who is 16 or 17 years old can be sentenced to more then 30 years for muder or attemped murder.
4. if you are over 51 years old and have seved 25 years, said prisoner can asked to be put on parole. said prisoner will be taken back to sentencing court and the jugdes not parole board will review said prisoners record and health record to see if said prisoner is likely to repeat said offence again. if prisoner is in bad healt and there by could not pose a threat to the genarel public, the court must grant parole.
What I would like everyone who is reading this to understand is that everyone in prison can be rehabilitaed and everyone should get a second chance at life. if you give someone no hope of redemption or freedom then all you are doing is seeking vengence not justice. the whole point of sending anyone to prison is rehabilitate them not destrony soul. if you are a men of god or beleive everyone makes bad life altering choices, then I am asking you to pleace e-maill a copy of this letter to your state representavive and ask him or her her to support a bill to change the sentencing for the state of illinos.
If they say they themselves do not want to write bill then ask them if they could add it to the next election ballet, so the familes of the more them 46,000 inmates of the state of illinois can vote.
I am asking you if are a christain and love you fellow man, pleace e-mail a copy of they letter to all of your friends and print a copy off and mail it to your state reperesentavives with your name and as many other name you can get. ask your local church if they could sighn up for a first time offenders law being passed and the repeal of the truth-in-sentencing law which will allow all prisoners to file for resentencing under the new guidelines. in closing I thank you for taking the time to read this letter and I hope god puts in your heart to help me. to love the lored is the patheto knowledge and wiisdom. god bless you.
from : Patrick Bakaturski
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