Captains jail term confirmed

[JimmyVWine]

To be fair though, he only got 10 years for causing 32 people to die.

 

Understood. And while I understand that this is all taking place under the Italian judicial system, I think people here would be very surprised to learn what the actual sentences are in their home states for killing people while drunk. A driver can rear end a minivan and wipe out a family of 9 in a huge ball of fire and not get a sentence anywhere close to 16 years. In fact, there are only 23 states where a sentence of over 15 years is even a theoretical possibility. And in reality, sentences fall in the mid to lower range of the statutory mandates. Even the 10 years that you mention above is on the very high range of actual sentences for vehicular manslaughter. For example, here are the ranges for several states:

 

• Colorado: 2 to 6 years and $2,000 to $500,000.

• Delaware: 1 to 5 years, time spent depends on if the vehicular homicide is a first degree offense or a second degree offense.

• Maryland: 0 to 5 years, no more than $5,000.

• New Mexico: 0 to 6 years, no more than $5,000 for third degree felony.

• North Dakota: Up to 10 years and up to $10,000 can be classified as murder, manslaughter, or negligent homicide.

• Oklahoma: 0 to 1 year, between $100 and $1,000.

• West Virginia: 90 days to 10 years, up to $3,000.

 

A fairly recent study was released for sentences in CT which showed that from 2001 to present there were 191 convictions for vehicular manslaughter. The sentence range in that state is from 0 to 10 years, and the average sentence handed down was 4.94 years.

 

And Tony (who has commented here) hails from MA where the sentence range is: 30 days to 15 years. Again, it is fair to assume that the actual sentences fall well short of the maximum.

 

There are two issues here.

 

• Was the sentence sufficient based on their own personal view of what is fair?
  Was the sentence in line with what is required by law and typically imposed?

Everyone has their own views on the former. But objectively, it is difficult to contest the length of the sentence under the latter. There are few similar cases one can use as precedent. A Virgin Gorda ferry captain was sentenced to a $45,000 fine or two year in prison for causing an accident resulting in the deaths of two people in 2015. He served no time. A fishing boat captain in the UK was charged in 2015 with the death of a person on board due to his negligence and faced a two year maximum sentence. It is likely that the family members of the deceased in these instances were none too happy. But 16 years (or 10 if you want to look at it that way) is really at the high end of normal for this type of crime. Unfairly high? Of course not. But it certainly isn't shockingly low either.

[Cruiserkenn]

Hi All

 

Not sure if US media got this

 

but Italian court has up held 16 years for Captain Schettino's sentence today,

 

6 months per live lost is still not enough. But still has one last appeal court he can go to.

 

yours Shogun

 

Thanks, Shogun, for this timely news update. Very good, especially considering the other recent thread about attending/ or not/ the muster drills.

 

Thanks again.

[Chunder Worthy]

Well, the sentence is 16 years. However, I'd have to believe that much like our justice system, unless he has a previous criminal record, the amount of time he will actually be incarcerated will be much less than that, say 4 years or less (I'm guessing). I'd happily love to be corrected if I'm wrong however.

[TNTLAMB]

Well, the sentence is 16 years. However, I'd have to believe that much like our justice system, unless he has a previous criminal record, the amount of time he will actually be incarcerated will be much less than that, say 4 years or less (I'm guessing). I'd happily love to be corrected if I'm wrong however.

 

 

Early release (liberazione anticipata) can be granted if you have participated in a re-educational course, and it consists of a reduction of 45 days for every six months of detention.

 

You can be granted conditional release (i.e. parole, liberazione condizionale) if your behaviour indicates that your release would be successful. Conditional release can only be granted if you have already served 30 months in prison and at least half of the imposed sentence, and if the remainder of the sentence does not exceed five years.

[Crystabel]

Add me to the list. He only getting 16 years. You got to be kidding me :mad:

Tony

 

Ditto. Seems like a light sentence considering the lives lost, and it was entirely preventable.

[USNUZULOOSE]

Just like the Affluenzza kid that only got probation here for drunk driving and killing. He certainly learned nothing there. And neither did his mom.