If you’re not checking The Patriot Post daily, here’s .
Jailers failed to confiscate the cellphone from Willie Nash during his booking for a misdemeanor charge in Newton County, Mississippi. He didn’t know it was illegal for him to have it. Now he’s doing 12 years as a prisoner for unintentionally breaking a law. Even the courts acknowledge he was ignorant of the law and the jailers didn’t do their job. When cellphone possession draws such a harsh sentence it’s time to ask where’s the harm? And where is justice in the Mississippi courts and legislature?
Read about Willie Nash at
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13 replies on “12 Years a Prisoner: Cellphone Possession Draws Harsh Sentence for Willie Nash”
The biggest faults with our justice system these days, as I see it, is that it lacks common sense and the judges have been stripped of discretion.
Scott, regarding phones being classed with weapons: I was a teacher at a state prison for awhile, and cell phones were also banned in my state’s facilities.
Cell phones could be used to coordinate violence on the outside, to harass and intimidate victims (most victims know their attackers and vice versa) and witnesses, and to conduct drug and gang business. People with phones could also “sell” time on the phone to other inmates to do the aforementioned things, and fights (sometimes deadly fights) could break out over these transactions.
So, yeah, in a prison, phones are BAD NEWS.
(btw — I don’t disagree that this was not the guy’s fault and the punishment was disproportionate; I’m simply explaining why phones are treated like weapons.)
I had an advanced criminal procedure professor that made a very profound statement in class one day. She told us all that while defense attorneys are only in court representing their client, the prosecutors represent everyone including the defendant. It came as a shock to so many of us, me included, but in reality she was right. Too many prosecutors are worried about their win/loss ratio and not actual justice. Games shouldn’t be played with evidence, charging, or the sentencing phase! And in this case, no prosecutor should have ever moved forward without also charging every guard that came into contact with this guy with aiding & abetting!
Simple legislative solution would be to make these crimes intent-based. If the state can’t prove your intent to smuggle it in, there is no crime here. If mistake is an excuse for the guards that didn’t catch the phone at multiple opportunities, mistake is an excuse for the guy in possession. No intent, no crime.
I would point the finger directly at the prosecutor on this one. As Steve said, it should have ended in the lockup where the guys he asked to charge the phone should have covered up their now proven incompetence by pretending that it never happened. But since they didn’t, it was incumbent on the prosecutor to look at this and use their DISCRETION to decline to prosecute.
After living a seemingly clean life for ten years, I am a little curious as to what was the original misdemeanor charge.
Because he asked to have his phone charged, admitting the “crime”, this case reminds me so much of the case of Shaneen Allen which ultimately was resolved by a Chris Christie pardon. We can only hope the Mississippi governor acts quickly in this case.
Shawshank…. privatized prisons…. slave labor…. follow the money.
These kinds of cases where justice runs awry so badly and so obviously must lead to some criminals saying “Well if they’re going to put a guy in jail for that long for their own screw up, I guess it doesn’t matter what I do, may as well do the really bad crimes. Its not like I’d get any more time”
These cases also make judges and law enforcement look capricious and uncaring and lead to the gradual degradation of the respect of the rule of law, I would say somewhat similar to what Bill suggested in the ERA video this week. The more that cops like this are not held to account the more they’ll not say “oh, I hope no one finds out or I will be out of a job”. That’s likely what led to the guy not having the phone taken in the first place.
So many judges become pathetic little tyrants.
Criminis Labem – Criminal Intent — 3 basic intents – General Intent, Specific Intent and Constructive Intent — I do not believe he had “ANY” intent and this is not Justice, this is obscene!! I have been running a county jail for 33 years and have “Never” seen anything like this from my staff, county attorney or the courts… I am ashamed and saddened by this and I hope there is a full judicial review and (at the very least) reduction in any sentence or dismissal altogether. A pardon, if no reduction, would absolutely be the right thing for the Governor or President Trump to do… Please forgive us… we “ARE NOT” all like that —
The Governor needs to pardon this citizen immediately.
Can the President pardon someone for a state offense?
Good question. I do not know the answer. But the Gov certainly can.
No!