91 WPFB - Celebrating over 60 years of community service.

That's My Opinion - Sentencing Disparity

Russ Dwyer WPFB News

When you listened to our news, do you sometimes get the idea that there is a huge disparity in the sentences that are proposed or imposed on people for what seems to be somewhat similar offenses.

Not only is the disparity between judges, but it is also between the sentences in state courts and those people charged with federal crimes.

I'll give you an example. Both cases involve juveniles who are 16 years of age and both crimes are sexual in nature.

In once case the Assistant Band Director at a school in Jamestown, Ohio was caught by custodians in a prop room having sex with a 16 year-old student. Investigation revealed that he had sex with her on at least one previous occasion.

He recently went to court and was given 90 days in jail, placed on probation for three years and labeled a sexual offender.

The other case involved a woman in Miamisburg who is accused of contacting a juveile male in Arizona. They exchanged what are described as lewd photos of each other over the internet. In addition, she purchased an X-Box for him so they could communicate, in real time, directly with each other. Although I don't understand all the technology, it appears they could continue to exchange lewd pictures while talking to each other. She now faces up to 20 years in prison for this conduct, after her husband, using "spyware", found out what she was doing and turned her in to the authorities and the F.B.I. took over.

Of course, I think both crimes should be punished appropriately, but in one case you have a person in authority at a school actually engaging in sex with a student, and in the other you have no sexual contact, just an exchange of nude photos of each other, and I'm sure some graphic sexual language, over the internet, and no indication they ever planned to meet to take the situation further.

One adult predator gets 90 days and the other, although not convicted or sentenced yet, faces a potential 20 years in jail.

It seems more appropriate to reverse the penalties.

I'm Russ Dwyer and that's my opinion.