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Old 04-12-2016, 21:19   #16
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Re: USCG claws back rescue costs

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Originally Posted by bletso View Post
Perhaps but consider while in jail, no restitution can be made and the cost of incarceration is very high. Just have them make restitution with interest. Even then he may never get it all paid back. To maintain control how about a GPS tracker and parole type check-ins.

That's Debtor's prison. You don't want to go that route. Creates a precedence for to much abuse. They already pull that **** with minor fines and traffic tickets in some states.
Just convict his sorry ass and let him rot.
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Old 04-12-2016, 21:34   #17
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Re: USCG claws back rescue costs

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Now there's a solution looking for a large group of folks who will yell abuse.

Folks, without getting into inhumane repercussions, can you please endeavor to actually come up with a punishment that would fit the crime? Seriously.
Well, my proposed solution would be an eye for an eye so to speak. When and why did we as society waiver from that pretty straight definition of "punishment which fits the crime"? He put the lives of the rescuers in danger so putting his life in danger of similar nature would be the very case of punishment fitting the crime. IMO putting him in jail would not be "fitting the crime" (too harsh if no rescuers lost life or limb) nor letting him off with just a fine he could afford (too lenient and too forgiving). At some point we need to get creative with a**holes like that and teach them valuable life lessons.
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Old 05-12-2016, 06:12   #18
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Re: USCG claws back rescue costs

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Originally Posted by Lancelot View Post
That's Debtor's prison. You don't want to go that route. Creates a precedence for to much abuse. They already pull that **** with minor fines and traffic tickets in some states.
Just convict his sorry ass and let him rot.
IRS and other gov agencies as well as court awards don't care if you will have to pay over a very long time. Personally I think many criminals would think twice if they had to make full restitution for damages they have caused. Jail now a days is too much a badge of honour.

We have never got the punishment fit the crime correct. Let's see 20 years ago 20 yrs for a joint? I have noticed that crimes against the state, (Tax evasion, failure to register or report taxable items), can get you more time than crimes against individuals, (2nd degree murder, assaults, etc.) Oh and then there is white collar criminals getting slapped on the wrist and petty criminals 5-10. Go figure.
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Old 05-12-2016, 06:30   #19
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Re: USCG claws back rescue costs

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Originally Posted by bletso View Post
IRS and other gov agencies as well as court awards don't care if you will have to pay over a very long time. Personally I think many criminals would think twice if they had to make full restitution for damages they have caused. Jail now a days is too much a badge of honour.

We have never got the punishment fit the crime correct. Let's see 20 years ago 20 yrs for a joint? I have noticed that crimes against the state, (Tax evasion, failure to register or report taxable items), can get you more time than crimes against individuals, (2nd degree murder, assaults, etc.) Oh and then there is white collar criminals getting slapped on the wrist and petty criminals 5-10. Go figure.
Apples and oranges.
Accruing debt because of accumulating expenses continually incurred by the act of BEING in jail means you never get out. That is the essence of debtor's prison.
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Old 05-12-2016, 06:41   #20
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Re: USCG claws back rescue costs

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So how is this an "improvement" over jail time? Help me understand your logic.
I think its that he has cost the taxpayers X number of thousands of dollars, putting him in jail will cost the taxpayers another X number of thousands, if however he was made to pay the costs, then the taxpayer is out nothing, and he has been punished financially.
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Old 05-12-2016, 06:56   #21
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Re: USCG claws back rescue costs

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I think its that he has cost the taxpayers X number of thousands of dollars, putting him in jail will cost the taxpayers another X number of thousands, if however he was made to pay the costs, then the taxpayer is out nothing, and he has been punished financially.
Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty

Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty : Code Switch : NPR
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Old 05-12-2016, 07:06   #22
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Re: USCG claws back rescue costs

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Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty

Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty : Code Switch : NPR
No jail time for the crime and house arrest / ankle monitor allowing him to go to work to pay /till fine is paid. Sounds good to me.
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Old 05-12-2016, 07:11   #23
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Re: USCG claws back rescue costs

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Originally Posted by Lancelot View Post
Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty

Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty : Code Switch : NPR

I agree, and I am uncomfortable with "fines". Seems that sometimes they are just a revenue generator.
I got a speeding ticket just before Thanksgiving, was written for 54 in a 40, but was obviously a 45 MPH posted area. I am sure the fine for 14 over is much higher than for 9 over don't you think?
Want to really slow people down? Make them pick up trash for half a day Saturday, but then you don't generate revenue.

I'm trying to decide whether I want to take a day off of work to fight this, or just pay it.
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Old 05-12-2016, 07:35   #24
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Re: USCG claws back rescue costs

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Correction, The French SNSM will save LIVES Free, but charge for saving property ( like providing tow jobs) when they consider lives are not endangered.
Indeed, cost a friend E1900 to be towed 6 miles into cherbourg when his outboard engined rib stopped and the battery wouldn't start and there was only a single battery on board. Oh and you can't pull start modern FI 2 stroke ouboards because the electric FI compressor needs to be running before it will inject fuel.

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Old 05-12-2016, 07:45   #25
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Re: USCG claws back rescue costs

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Originally Posted by Lancelot View Post
Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty

Jail Time For Unpaid Court Fines And Fees Can Create Cycle Of Poverty : Code Switch : NPR
That's a standard "bleeding heart" version of the way the law works. In reality each person found liable to pay substantial fines has by law his day in court i.e. a special hearing (which may be concurrent to the hearing on the merits but still a hearing) to ascertain the ability to pay said fines and consequential schedule/rate of payments. If the judge finds that the perp can earn as much in X period of time the judge will schedule set payments to be made over that period, etc. Now if the perp decides instead to blow these earnings on drugs, his girlfriends, his I-phone or whatnot how is this the system's fault? This is not "poverty criminalized" this is "mental health untreated". Two totally different animals.
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Old 05-12-2016, 08:42   #26
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Re: USCG claws back rescue costs

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And that's when the crew sits on deck rolling pretend joints.. then your towed for free so they can search for drugs..
LOL.. Good one.. I never heard that one.. But wouldn't they search your boat where it sits?? I know we would back in the mid 70's when I was a "Coastie" out in San Francisco..

Back then there was a fuel crisis and boat captains would get just enough fuel to do their fishing, and then call the CG, reporting "engine" problems, and requesting a tow back to port..

The CG quickly figured out what was going on and set the policy if you reported engine trouble, we would board and if the problem was only a shortage of fuel, you would be fined.. Of course since we were already on the boat, we'd give it a safety inspection - of course nothing would be overlooked or let off with just a warning.. So any violations found would just add to the already hefty fine.. Needless to say, the practice came to an abrupt halt..

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Old 05-12-2016, 09:26   #27
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Re: USCG claws back rescue costs

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Originally Posted by Island Time O25 View Post
That's a standard "bleeding heart" version of the way the law works. In reality each person found liable to pay substantial fines has by law his day in court i.e. a special hearing (which may be concurrent to the hearing on the merits but still a hearing) to ascertain the ability to pay said fines and consequential schedule/rate of payments. If the judge finds that the perp can earn as much in X period of time the judge will schedule set payments to be made over that period, etc. Now if the perp decides instead to blow these earnings on drugs, his girlfriends, his I-phone or whatnot how is this the system's fault? This is not "poverty criminalized" this is "mental health untreated". Two totally different animals.
Oh course, I forgot the average person has so much to blow on "drugs, his girlfriends, his I-phone or whatnot"

Bwhahaha...!
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Old 05-12-2016, 09:38   #28
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Re: USCG claws back rescue costs

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Oh course, I forgot the average person has so much to blow on "drugs, his girlfriends, his I-phone or whatnot"

Bwhahaha...!
The average person does not commit crimes which necessitate large amounts of restitution, let alone hoaxes the CG into "rescuing" him or her. You must me either an old time big city liberal or a millennial if you think otherwise.

Why shouldn't an old adage "if you can't do the time (or in this case "pay the fine") - don't do the crime" apply here?
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Old 05-12-2016, 09:43   #29
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Re: USCG claws back rescue costs

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Originally Posted by Island Time O25 View Post
The average person does not commit crimes which necessitate large amounts of restitution, let alone hoaxes the CG into "rescuing" him or her. You must me either an old time big city liberal or a millennial if you think otherwise.

Why shouldn't an old adage "if you can't do the time (or in this case "pay the fine") - don't do the crime" apply here?
Wrong on both counts bwhahaa....
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Old 05-12-2016, 09:44   #30
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Re: USCG claws back rescue costs

Hmmm....punishment to fit the crime. How about public service? (Wait, don't laugh just yet). Give the guy a pager (yeah, a pager....really) as opposed to an ankle bracelet and every time a rescue-at-sea call is received by the Coast Guard he has to report to the local Coast Guard station in his area and either assisting on the flight line (no-flying allowed of course), standby and listen to the comms during the search and rescue for a few hours, and then spend some time washing a dirty boat or swabbing decks onboard a CG vessel for 6-months (or some other period of time). Heck, even make them wear pink coveralls or something (they would have to pay for them as well...no cost to the CG).

Thinking an inconvenient way to educate someone about what the CG actually does and the associated risks that those men and women take everyday. That, and it would be particularly embarrassing to have to tell one's employer that they are "on call" as ordered by a court, and why. May result in loss of pay which is another incentive not to do something like this.
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