Ohio Judge Orders Woman to Spend Next Five Christmases in Jail

[aGameOfThrones]

An Ohio judge has sentenced a woman convicted of illegally selling drivers licenses to five days in jail - the next five Christmas days.

The unusual sentence for Betina Young, 44, of Columbus, is what Judge Michael J. Holbrook calls a "Holbrook Holiday."

The judge of Franklin County Common Pleas Courthouse asks the convicted defendants for their favorite holidays -- their birthday, the Fourth of July -- and then sentences to them to spend that day in prison.

"I've been doing this for nine years now," Holbrook told ABC News. "I take some date that is important to the individual and make them give it up. For example, if they celebrate Christmas, I would make them go to jail for three to five days during the Christmas holiday so they miss Christmas Eve and Christmas Day with their families."
Young was sentenced to her "Holbrook Holiday" on Monday for issuing state ID cards and driver's licenses to immigrants who entered the country illegally, according to the Associated Press. In addition to five years probation and a $3,000 fine for tampering with state records Young must also go to jail each Christmas for the next five years, Holbrook said.

"In Young's case, as in other cases where I have done this, I thought that the gravity of the situation deserved some sort of reminder of what could happen if they do not comply with their probation," Holbrook explained.

If Young violates her probation she would be sentenced to 15 years in prison, according to her sentencing report.
Holbrook said he got the idea from federal court judges who will sometimes sentence individuals to jail on every federal holiday throughout the year.

"I could make them go to jail on every holiday if I wanted to," Holbrook said. "But I just make them go on their favorite day, like their birthday. In one case I made one man who was very involved in his community go to jail on the Fourth of July."

Holbrook estimates that he has given "Holbrook Holidays" to approximately 40 people.

"With the cost of prisons rising in Ohio, this really is an alternative and effective form of sentencing," Holbrook said.

http://gma.yahoo.com/ohio-judge-orders-woman-spend-next-five-christmases-180802802--abc-news-topstories.html

[Anti Federalist]

Well, if I ever go before this judge I'll be sure to say the Feast of the Fifth Day of Omer.

[Occam's Banana]

My pick: Durin's Day

[Nobexliberty]

My pick: Valentines day, then I have a good excuse to be alone on that day.

[Neil Desmond]

Unusual punishments are unconstitutional.

[VoluntaryAmerican]

My pick: Valentines day, then I have a good excuse to be alone on that day.

The wife's birthday? Miss out on a few expensive presents.

[Nobexliberty]

The wife's birthday? Miss out on a few expensive presents. That is the point, if my wifes birthday is on valentines day and I am in prison on valentines day I do not have to bring her a gift for neither her birthday or valentines day.

[wormyguy]

Unusual punishments are unconstitutional.

"Cruel AND unusual." I don't think this quite meets the standard of cruelty.

[Neil Desmond]

"Cruel AND unusual." I don't think this quite meets the standard of cruelty.
Yes, in logic, with a statement like A := B and C, A is true only when B is true and C is true, otherwise A is false. But I don't think it works that way in ordinary English language, because it's not preceded by the word "both." If I say, "this basket has red and green apples," does that necessarily mean there's both red and green coloring to each individual apple in that basket? You're wormguy, so you ought to know apples. :p

[AFPVet]

http://constitution.laws.com/the-supreme-court/cruel-and-unusual-punishment


Cruel and unusual punishment refers to the punishment inflicted upon a person to create as much suffering and humiliation on that person as possible. All capital punishments throughout most of the world's recorded history have been purposely designed to be extremely painful.

Examples of such painful acts of capital punishment include boiling to death, flaying, disembowelment, crucifixion, crushing, sawing, impalement, and necklacing which were practiced in many different countries throughout the world, such as France, England, Germany and the countries of Asia. Such punishments were not only cruel and painful because of the method in which they were carried out, but also because of the occasionally slow process in which they were carried out leading to further suffering. Impalement and crucifixion often required the condemned person to suffer for many days before finally dying.

Notable Cases Pertaining to Cruel and Unusual Punishment

Today, many of the countries which have performed such acts of punishment on condemned persons have ceased to do so and have been deemed unacceptable. The English Bill of Rights described such acts as unacceptable and the same idea was finally adopted when the Eighth Amendment of the U.S. Constitution was written. The Supreme Court has examined this portion of the Amendment in several cases, including Louisiana ex rel. Francis v. Resweber and Robinson v. California. The former case determined that the Cruel and Unusual Punishment Clause applied to the states through the Due Process Clause of the Fourteenth Amendment.

[LibertyEagle]

I think I'd prefer spending 5 days in jail spread out over 5 years than 1 year solid. Even if those 5 days were on Christmas.

[BlackTerrel]

A lot of judges are just dicks - and seems like they can get away with whatever they want.

[Nobexliberty]

What is Cruel and unusual has gone off. It used to mean having your hand cut off or being burned at a stake but now flogging is cruel.

[phill4paul]

Some simply say that TODAY, or any day, is NOT the day I'm going to jail. That's a good mantra to wake up to. IMHO.

[phill4paul]

I think I'd prefer spending 5 days in jail spread out over 5 years than 1 year solid. Even if those 5 days were on Christmas.

Yeah this is just bullshit. Under this logic one could be sentenced to 20 years. Yet the judge says that you have to serve every other day. Thus sentencing you to 40 years and destroying your life.

TODAY is NOT the day I am going to jail.

[HOLLYWOOD]

February 29th

Just tie a hell of a one on at a going away party on XMAS eve... then sleep it off on XMAS day.

[jclay2]

This seems wrong. A punishment should be continuous with a defined beginning and end. It seems that this just allows judges to drag on punishments.

[eduardo89]

Clear violation of 1st and 8th Amendments.

[presence]

That's 5 bend over and cough sessions.

[Anti Federalist]

Some simply say that TODAY, or any day, is NOT the day I'm going to jail. That's a good mantra to wake up to. IMHO.

"I don't think I'm going to let you arrest us today, Beehan."

[jim49er]

February 29th

Just tie a hell of a one on at a going away party on XMAS eve... then sleep it off on XMAS day.

I like the way you think and then you get presents when you get out.

[Occam's Banana]

Yes, in logic, with a statement like A := B and C, A is true only when B is true and C is true, otherwise A is false. But I don't think it works that way in ordinary English language, because it's not preceded by the word "both." If I say, "this basket has red and green apples," does that necessarily mean there's both red and green coloring to each individual apple in that basket? You're wormguy, so you ought to know apples. :p

One might also argue that if "cruel and unusual punishments" is to be interpreted as allowing "unusual" punishments (so long as they are not also "cruel"), then it must also be interpreted as allowing "cruel" punishments (so long as they are not also "unusual"). This is very probably NOT what the authors of the Eighth Amendment had in mind ...

[Christian Liberty]

I wouldn't serve the sentence, one way or another.

Seriously though, this is just stupid. The only possible reasons one can justify locking someone in a cage is either they are clearly a threat to the society in which they live, or if it is a required means to force an otherwise unwilling person to pay restitution. Anyone who is "Safe" enough to let roam for 364 days out of the year certainly doesn't belong there.

The judge in question should be executed for being an agent of tyranny. I've got no patience for people like this. People that dumb who have positions of power don't deserve any rights.

[Christian Liberty]

"With the cost of prisons rising in Ohio, this really is an alternative and effective form of sentencing," Holbrook said





I think legalizing drugs would do a lot more for that than gimmicks like this.

[AFPVet]

Well, SCOTUS could take this, and I would tend to agree that prolonging punishments could qualify as cruel and/or unusual.

[Christian Liberty]

Locking someone in a cage because you literally think they are going to kill or seriously harm someone else if you don't is one thing. Granted, I still usually think there's a better way of handling it, but I can at least understand why you'd take somebody who breaks into a bank and robs it at gunpoint, or commits rape, or chops off someone's arm with an axe, or commits murder, exc. (Obviously not all of these things are the same severity, but they'd all qualify as "Severe", as opposed to just punching someone in the face or petty theft) and isolate them from society for everyone else's safety.

On the other hand, if you're letting someone out for any length of time, they're obviously not "Dangerous." So you're locking someone in a cage not to protect anyone, but just to torture the prisoner (figuratively speaking.) That's cruel, unusual, and warrants execution for the judge cruel enough to institutionalize such a thing.

Locking someone in a cage without clear cut justification IS kidnapping.

[kcchiefs6465]

Well, SCOTUS could take this, and I would tend to agree that prolonging punishments could qualify as cruel and/or unusual.
She has 15 years over her head.

This woman should be jumping for joy she isn't in penitentiary green. To be clear, I haven't read about her case nor do I much care to but let's be realistic... The judge threw her a bone. Five days? It may be unusual with the current system of trivially throwing someone into a cage for years but really? This isn't cruel, it is un-cruel. (I understand the points OB and ND have made about the term "cruel and unusual")

[Christian Liberty]

I think I'd prefer spending 5 days in jail spread out over 5 years than 1 year solid. Even if those 5 days were on Christmas.

Totally, but if you're "Spreading out" a prison term that's just proof that it is simply kidnapping rather than a real attempt to protect society. Locking someone in a cage isn't valid as a form of punishment for anything other than maybe kidnapping, it isn't proportional for anything else.

She has 15 years over her head.

This woman should be jumping for joy she isn't in penitentiary green. To be clear, I haven't read about her case nor do I much care to but let's be realistic... The judge threw her a bone. Five days? It may be unusual with the current system of trivially throwing someone into a cage for years but really? This isn't cruel, it is un-cruel. (I understand the points OB and ND have made about the term "cruel and unusual")

Its cruel because it recognizes that the person does not need to be incarcerated for the protection of society, and then throws them in jail anyway.

Making fake drivers licenses shouldn't be a crime either, so she doesn't deserve any punishment.

Judge is an accessory to kidnapping and should be punished accordingly.

[Nobexliberty]

They could have given her a few lashes instead. It would have worked alot better.

[Christian Liberty]

They could have given her a few lashes instead. It would have worked alot better.

I support flogging for violent crimes, unless the victim chooses to accept monetary compensation instead.

But ignoring the purely arbitrary state rules requiring permission from His Majesty in order to drive is not a violent crime. Nor is it a crime against any actual victim.

There should be NO punishment for faking a drivers license, because requiring permission to drive is unlibertarian and anti-freedom.

[kcchiefs6465]

Totally, but if you're "Spreading out" a prison term that's just proof that it is simply kidnapping rather than a real attempt to protect society. Locking someone in a cage isn't valid as a form of punishment for anything other than maybe kidnapping, it isn't proportional for anything else.

See, you'd prefer the judge to resign on principle. That's well and fine. The person who replaces him would have given her ass five to seven years in a state prison. You don't seem to get that. The judge did the woman a favor. (aside for the 15 years over her head)



Its cruel because it recognizes that the person does not need to be incarcerated for the protection of society, and then throws them in jail anyway.

Non-violent drug offenders routinely get years. They don't deserve it. Would you acknowledge that instead of getting the mandatory minimum sentencing to five or so years, that it'd be better if they got one day every year they had to take off? Not even a work day too - A damn holiday. Their job probably is still intact, their life minimally derailed... are you kidding me? Wait until you see football numbers (50, 60, 100 years) for non-violent drug offenses. Talk to me then about how cruel five days over five years is.



Making fake drivers licenses shouldn't be a crime either, so she doesn't deserve any punishment.

A subject for another discussion. It is a crime. Whether it should be or not hardly plays a bearing. (to the topic of cruel and unusual punishment)

I feel worse for the 15 years over her head, which truth be told she will probably violate and get, than I do for the five Christmas days. Christmas is the best day to be in on. She gets a special meal and the guards aren't going to be assholes towards her. Watch tv late and eat more than a damn apple and bagel for breakfast. Sounds wicked. Tell you what, have her go get a prescription they hand out like candy from her doctor for trazodone or Ambien . She'll sleep through that day. You could sleep through it anyways.



Judge is an accessory to kidnapping and should be punished accordingly.
The judge should be commended on not wasting a quarter million dollars to lock the woman up.

[Philhelm]

My pick: Valentines day, then I have a good excuse to be alone on that day.

Or you'll be caged with a towering, muscular, lovesick inmate...

[Christian Liberty]

See, you'd prefer the judge to resign on principle. That's well and fine. The person who replaces him would have given her ass five to seven years in a state prison. You don't seem to get that. The judge did the woman a favor. (aside for the 15 years over her head)


Non-violent drug offenders routinely get years. They don't deserve it. Would you acknowledge that instead of getting the mandatory minimum sentencing to five or so years, that it'd be better if they got one day every year they had to take off? Not even a work day too - A damn holiday. Their job probably is still intact, their life minimally derailed... are you kidding me? Wait until you see football numbers (50, 60, 100 years) for non-violent drug offenses. Talk to me then about how cruel five days over five years is.


A subject for another discussion. It is a crime. Whether it should be or not hardly plays a bearing. (to the topic of cruel and unusual punishment)

I feel worse for the 15 years over her head, which truth be told she will probably violate and get, than I do for the five Christmas days. Christmas is the best day to be in on. She gets a special meal and the guards aren't going to be assholes towards her. Watch tv late and eat more than a damn apple and bagel for breakfast. Sounds wicked. Tell you what, have her go get a prescription they hand out like candy from her doctor for trazodone or Ambien . She'll sleep through that day. You could sleep through it anyways.


The judge should be commended on not wasting a quarter million dollars to lock the woman up.

Why couldn't the judge have just given her no sentence?

Its painfully obvious the judge's goal here is not mercy. Based on what he said in the OP.

I don't think the judge should resign, I think he should cut through the BS and actually inform the jury of jury nullification, whether he's actually allowed to do that or not.

[Nobexliberty]

Or you'll be caged with a towering, muscular, lovesick inmate... Stupid reality always gets in the way of my plans, well no battle plan survives to the first contact with the enemy.

[oyarde]

This Judge , I think he may have some childhood issues , law school was probably not a good place for him.....

[Christian Liberty]

"I've been doing this for nine years now," Holbrook told ABC News. "I take some date that is important to the individual and make them give it up. For example, if they celebrate Christmas, I would make them go to jail for three to five days during the Christmas holiday so they miss Christmas Eve and Christmas Day with their families."

His intent here is clearly not to alleviate suffering. His line of thinking is sick, locking up the nonviolent is evil.

[amy31416]

If the woman has kids, that's extra mean.

[RonPaulFanInGA]

Unusual punishments are unconstitutional.

Cruel and Unusual was written during a time in which people were hanged by the legal system within mere months of a murder conviction.

[Ranger29860]

Surprised no one said leap day :)

[QuickZ06]

She will have to be processed in and out of jail 5 times, nothing like blowing even more $$$ we don't have. Almost 17 trillion!

[Nobexliberty]

Surprised no one said leap day :) Wish I had thought about that.

[jkob]

This 100% sounds like cruel and unusual punishment to me

[kcchiefs6465]

Watch when the man who was also charged with five counts of tampering with records gets 10 years. We'll see how cruel and unusual the system really is with regards to the amount of time a man will get versus a woman.

If the probable 15 days she will spend in jail and five years probation was so cruel and unusual, she should have opted for the 15 years.

[Christian Liberty]

Watch when the man who was also charged with five counts of tampering with records gets 10 years. We'll see how cruel and unusual the system really is with regards to the amount of time a man will get versus a woman.

If the probable 15 days she will spend in jail and five years probation was so cruel and unusual, she should have opted for the 15 years.

Do you not get my reasoning behind why this punishment sucks?

[Carson]

A government employee violating their public trust to aid and abet illegal aliens is a serious offense.

This was also a crime that would allow further abuse of our nations laws.


"Prosecutors say 44-year-old Betina Young – a former license agency employee – accepted payments from applicants to falsify records showing they had verified their immigration status. She has pleaded guilty."

http://www.huffingtonpost.com/2013/07/23/betina-young-sentenced-5-christmases-in-jail_n_3638918.html

[kcchiefs6465]

Do you not get my reasoning behind why this punishment sucks?
I do.

I suppose any punishment would suck.

Me, I would be more concerned with the fines than with spending three days a year in the county jail.

The punishment is leaps and bounds better than what the man who helped in the scheme will undoubtedly get and is leaps and bounds better than the 15 years she could have gotten.

People act as if this is some sort of crucifixion. This woman should thank her lucky stars the judge didn't give her 15 Christmases. You know, with no break.

Five felonies and the woman gets probably 15 days and five years probation. Ask anyone the odds of that or how cruel that really is. I am going to bump this thread when Sekou Kpoto (the man who was charged along with her whose trial begins Tuesday) gets years in the state penitentiary.

[Grubb556]

The courts defined cruel and unusual (from wikipedia) as:

The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."

So IMO, in this case, it is degrading to her human dignity, since the women is being forced to miss Christmas for the next 5 years.
It is arbitary, since I doubt other people who committed same crime got the same sentence.
Not sure if society rejects this punishment (this board certainly does)
The punishment seems unnecessary, because the fact that she is allowed to not be in jail for 364 days suggests she is not a threat.

[kcchiefs6465]

The courts defined cruel and unusual (from wikipedia) as:

The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."

So IMO, in this case, it is degrading to her human dignity, since the women is being forced to miss Christmas for the next 5 years.
It is arbitary, since I doubt other people who committed same crime got the same sentence.
Not sure if society rejects this punishment (this board certainly does)
The punishment seems unnecessary, because the fact that she is allowed to not be in jail for 364 days suggests she is not a threat.
Here's the thing, this woman was facing over fifteen years in jail. She was charged with five felonies for charging anywhere from $700 to $1,000 a piece around 95 times to change a person's immigration status when issuing a license. There was a man also charged in the scheme.

You mention it being arbitrary since other people who committed the crime didn't get the same sentence. That is true. They probably spent five Christmases in prison, but these were consecutive days, not you show up for three days a year on this date. Had this woman have gotten the 15 years, I doubt many in America would be calling her punishment cruel or unusual. That is odd considering that locking someone up for years is far more cruel than cutting them a break for 15 days with stipulations.

This woman could have taken the time if it was that cruel or unusual. I am sure this judge would have been happy to oblige. Any other judge wouldn't have given her the choice and would have promptly gave her time. So dare I say I am speaking for this woman when I say, it is not cruel, it is somewhat unusual but no more unusual on a person than being confined to a small cage with nothing but the same gender. Perhaps someone should get her opinion. Being sentenced for five felonies and receiving 15 days and five years probation would be heaven-sent to the majority of defendants. (all.. including this woman) I would do longer than that just for unpaid fines. It is somewhat funny that people would classify this as cruel and unusual. It is in fact a bone thrown and I bet this woman thanked God.

Moving on to the next point you addressed is that this woman is not a danger to society. Well frankly I'd be willing to bet that the vast majority of prisoners aren't a danger to society. The person who shoplifted a candy bar for example, [and received four years, I'd add] is not a danger to society. First thing first, in today's society, which to be clear is not optimal or even Just, it does not matter whether or not you are a threat to society. Ask the Florida mother who received a mandatory minimum sentence of 20 years (20 Christmases) for firing a warning shot. Jail is used as a deterrent and punishment rather than for rehabilitation. It should be both in my ideal society. The person who breaks into homes or steals property ought to have a few days to think about their life. They aren't necessarily a danger to anyone but that doesn't mean you don't get punished for your actions.

What is more cruel and/or unusual - A person receiving five or ten years straight, as the man charged along with her probably will get, or a person receiving a sentence of five Christmases?

People seem to be out of touch if they think that this woman is upset about this sentence. She wasn't arrested on spot. She went home. Slept in her own bed. That's unusual. Cruel? I don't think so. One person even went as far as to suggest this woman doesn't show up. What a great idea. Then instead of the three days once a year she will face sentencing like the average person and possibly receive fifteen years. (That one makes me question if people read what they type)

I would be hard pressed to find someone charged with a felony who wouldn't rather take three days for five Christmases instead of even just one year straight. This woman had fifteen of them. Which threat or no threat she probably would have gotten. (dare I say if she wasn't a woman or didn't work for the State!) We'll have to wait and see what Kpoto gets sentenced to. No doubt it will be far more cruel and unusual. (though the average person probably would not consider so) Indeed, it would just be business as usual.

[Christian Liberty]

You mention it being arbitrary since other people who committed the crime didn't get the same sentence. That is true. They probably spent five Christmases in prison, but these were consecutive days, not you show up for three days a year on this date. Had this woman have gotten the 15 years, I doubt many in America would be calling her punishment cruel or unusual. That is odd considering that locking someone up for years is far more cruel than cutting them a break for 15 days with stipulations.

This woman could have taken the time if it was that cruel or unusual. I am sure this judge would have been happy to oblige. Any other judge wouldn't have given her the choice and would have promptly gave her time. So dare I say I am speaking for this woman when I say, it is not cruel, it is somewhat unusual but no more unusual on a person than being confined to a small cage with nothing but the same gender. Perhaps someone should get her opinion. Being sentenced for five felonies and receiving 15 days and five years probation would be heaven-sent to the majority of defendants. (all.. including this woman) I would do longer than that just for unpaid fines. It is somewhat funny that people would classify this as cruel and unusual. It is in fact a bone thrown and I bet this woman thanked God.

Moving on to the next point you addressed is that this woman is not a danger to society. Well frankly I'd be willing to bet that the vast majority of prisoners aren't a danger to society. The person who shoplifted a candy bar for example, [and received four years, I'd add] is not a danger to society. First thing first, in today's society, which to be clear is not optimum or even Just, it does not matter whether or not you are a threat to society. Ask the Florida mother who received a mandatory minimum sentence of 20 years (20 Christmases) for firing a warning shot. Jail is used as a deterrent and punishment rather than for rehabilitation. It should be both in my ideal society. The person who breaks into homes or steals property ought to have a few days to think about their life. They aren't necessarily a danger to anyone but that doesn't mean you don't get punished for your actions.

Well, if you break into someone's home, there's more than that than just theft. That's actually a danger to society in most cases. Although I support flogging rather than prison for it.

But yeah, locking someone in a cage like that IS cruel and unusual IMO. Much more so when its obvious the judge knows that there's no danger to society.