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Michigan is an Outlier on Sentence Length
Based on average length of stay in prison, Michigan has one of the most punitive criminal justice systems in the country. The Pew Center on the States found that in 2009 Michigan had the longest average length of stay of the 35 states Pew studied. Overall, Michigan prisoners served nearly 17 months more than the national norm. (See 10,000 Fewer, page 31.)
A major reason for this is Michigan’s harshest-in-the-nation “truth in sentencing” law, which requires all people serving a term of years (about 85 percent of the prison population) to serve every day of their minimum sentence in prison. This policy bans all forms of early release, including “good time.”
Since 1998, the average minimum sentence in Michigan’s prison system has increased from 7.1 years to 11.7 years. (Compare Section C1 of the 1998 and 2020 MDOC Statistical Reports.) Likewise, the average age of people in the prison system has increased from 34 to 40. However, a recent report by Safe & Just Michigan observed that “a large and diverse body of empirical research demonstrating that increased length of stay does not reduce recidivism. That is, keeping people in prison longer does nothing to enhance public safety.” (See Barbara Levine, J.D., Anne Mahar, Ph.D., and Justin Smith, Ph.D., Safe & Just Michigan, “Do Michigan’s Sentencing Guidelines Meet the Legislature’s Goals? A Historical and Empirical Analysis” (Nov. 2021), hereinafter “Sentencing Guidelines Report,” page 25).
Michigan Supreme Court reinstates right to appeal all sentences.
The Michigan Supreme Court recently struck down the first sentence of MCL 769.34(10), as being unconstitutional. Therefore, a within-guidelines sentence may now again be reviewed for reasonableness on appeal. People v Posey, ___ Mich ___ (Docket No. 162373, 7/31/23).
Quotables
“Deep down even the most hardened criminal is starving for the same thing that motivates the innocent baby: Love and acceptance”
– Lily Fairchilde
“To have once been a criminal is no disgrace. To remain a criminal is the disgrace”
– Malcolm X
“Crime is naught but misdirected energy.”
– Emma Goldman
”Unlike the right to the assistance of counsel, the right to dispense with such assistance and to represent oneself is guaranteed not because it is essential to a fair trial but because the defendant has a personal right to be a fool.”
– People v Salazar, 74 Cal App 3d 875; 141 Cal Rptr 753, 761 (1977)
“Most people give up just when they’re about to achieve success. They quit on the one yard line. They give up at the last minute of the game one foot from a winning touchdown.”
– Ross Perot
How to File a Personal Injury Claim Successfully
Filing a personal injury claim can be a daunting process, especially if you’re unfamiliar with the legal steps involved. However, with the right guidance and understanding, you can handle this journey more smoothly and increase your chances of a successful outcome. Our friends at Cohen & Cohen have shared their insights to help demystify the process for those seeking justice and compensation for their injuries.
Understanding Personal Injury Claims
A personal injury claim is a legal process used by individuals who have been physically or emotionally injured due to someone else’s negligence or wrongful act. These claims can arise from various situations, including car accidents, slip and fall incidents, medical malpractice, and more. The primary goal is to seek compensation for the damages suffered, which can cover medical expenses, lost wages, and pain and suffering.
Getting Started with Your Claim
The first step in filing a personal injury claim is to determine if you have a valid case. This typically involves proving that another party’s negligence or intentional act caused your injury. Documenting everything related to your injury is vital at this stage. This includes medical reports, photographs of the injury or accident scene, witness statements, and any other evidence that supports your claim.
While it’s possible to file a personal injury claim on your own, having an experienced attorney can significantly impact the outcome of your case. An experienced personal injury attorney can attest to the complexities of personal injury law and the importance of professional guidance. A skilled lawyer can help you understand your rights, evaluate the strength of your case, and handle the legal system effectively. They can also deal with the negotiations between insurance companies, ensuring you receive the maximum compensation possible.
Filing the Claim
Once you’ve gathered all necessary documentation and enlisted the help of a personal injury attorney, the next step is to file the claim. This involves submitting a formal complaint against the party or parties responsible for your injury. Your attorney will prepare and file this document on your behalf, outlining the details of your case, the extent of your injuries, and the compensation you’re seeking.
The Negotiation Process
After your claim is filed, the next phase is typically negotiations with the defendant’s insurance company. This stage can vary in length and complexity, depending on the specifics of your case. Your attorney will advocate on your behalf, aiming to reach a settlement that adequately compensates you for your injuries and losses. It’s important to have patience during this process and to trust your legal team’s expertise and judgment.
Going to Trial
If a fair settlement cannot be reached through negotiations, your case may go to trial. This is where the evidence is presented to a judge or jury, who will then make a decision regarding your claim. While the idea of going to trial can be intimidating, remember that your attorney will be by your side, guiding you through each step and fighting for your rights.
Filing a personal injury claim is a significant undertaking, but it’s an important step towards obtaining the compensation and justice you deserve. By understanding the process, gathering comprehensive documentation, and enlisting the help of experienced legal professionals, you can get through this challenging time with confidence. Remember, the goal is not just about seeking financial compensation; it’s also about holding the responsible parties accountable for their actions and ensuring similar incidents are prevented in the future.
