普通犯罪遭致的十種荒謬懲罰(上)

Most of us think that every criminal offense has a generic and specific punishment. But thanks to legal technicalities and creative judges, the sentences can be the most interesting aspect of a criminal case.

我們大多數人都認爲每一種犯罪行爲都有其通用或者具體的刑罰，但由於一些法律伎倆和某些具有創造性的法官, 一個判決可以成爲刑事案件中最有趣的部分。

To Three Years In Jail--Shoplifting A Hot Dog

10.長達3年的監禁--偷竊一隻熱狗

In February 2014, Rickey Joe Moore was caught on a convenience store surveillance camera filling up a fountain drink, walking to the rotisserie, pulling out a hot dog frank, and stuffing it in his pocket. Moore paid for the drink then left the store. The camera picked up a clear shot of his face, as well as the license plate on his car parked outside.

2014年2月，裏基·喬·摩爾被監控攝像頭拍到他在一家便利店拿走一瓶飲料，走到烤箱拿出一隻法蘭克熱狗，然後塞到他的口袋。摩爾付了飲料的錢，就走出了便利店。攝像頭清楚地拍到他的臉，以及他停在外面的車的車牌號。

Moore was arrested on a felony theft charge, facing prison time of at least six months and up to three years. This may seem intense, but Indiana law clearly states that taking someone else's property with the intent to permanently prohibit the rightful owner's use is a felony. In other states, pocketing minor items such as this $1.49 hot dog would count as a misdemeanor at lly, felony theft charges are significantly lessened if the suspect is a first-time offender, but Moore did not fit this description. He had been arrested and jailed in 2012 on burglary charges (among the items stolen were a microwave oven and a filing cabinet). While being transported from the Corrections Facility to the County Jail, Moore had tried unsuccessfully to escape, so they threw him back in the slammer with Class D felony charges on top of his existing penalties.

摩爾因重度盜竊罪被捕，面臨少則6個月，多則3年的監禁懲罰。這看似殘酷，但是印第安納州法律明確規定：拿走別人的所有物，意圖永久地禁止合法擁有者的使用是一項重罪。而在其他州，拿走像1.49美元的熱狗這樣的小物件在最壞的情況下也只是會被判爲輕罪。一般情況下，如果犯罪嫌疑人是初犯，盜竊重罪指控會酌情減輕，，但摩爾不符合這一描述。2012年他曾因入室盜竊罪名被捕入獄（其中被盜的物品是一臺微波爐和文件櫃）。而在從修正機構到縣監獄的運送途中，摩爾曾試圖逃跑，但以失敗告終。所以他們在現有刑罰的基礎上把莫爾帶回在D級重罪指控上。

A Donkey For A Walk--Vandalism

9.帶驢散步--破壞公物罪

In December 2002, Jessica Lange and Brian Patrick vandalized a nativity scene in front of St. Anthony's Catholic Church in Fairport Harbor, Ohio. The 19-year-olds had stabbed the statue of baby Jesus and scrawled "666" on its forehead. When the teenagers confessed to their crime in early 2003, they were ordered to replace the ruined statue—and lead a donkey through the snow-sodden streets of their city as punishment.

2002年12月，在俄亥俄州的費爾波特港，傑西卡·蘭格和布萊恩·帕特里克毀壞了聖安東尼天主教堂的一座基督誕生雕像。這兩個19歲的少年刺毀了嬰兒時期耶穌的雕像,其額頭上也被潦草地劃了"666"。當這兩個青少年在2003年初承認他們的罪行時,他們被勒令代替被毀的雕像趕着一頭驢穿過這座城市被大雪覆蓋的街道，以此作爲懲罰。

According to judge Michael Cicconetti, this was much more about learning a lesson through public humiliation than it was about religious symbolism. And to clear up any confusion from onlookers, the donkey (provided by a local petting zoo) wore a sign saying "Sorry for the jackass offense." Cicconetti has become infamous for his unconventional sentences, making one man stand with a pig for hours, forcing another to ride a school bus, and sentencing a couple to pose in bathing suits at a fair while standing in a kiddie pool.

據法官Ciconnetti解釋，這是通過公開羞辱而學習的一個教訓，更甚於宗教象徵。爲了清除圍觀民衆的困惑，驢身上（由當地動物園提供）帶着一個標誌寫着"對不起，愚蠢的罪行"。Ciconnetti因其不按常規的判決而臭名昭著，例如讓一個人和一頭豬罰站數小時，迫使另一人駕駛一輛校車，以及判處一對夫婦在一個展會上穿着泳衣站在兒童游泳池旁。

Christmases Behind Bars--Fraud

8.5次在監獄中渡過聖誕節--詐騙罪

In 2013, Betina Young of Ohio was accused of selling fake ID cards and driver's licenses to illegal immigrants. She'd handed out 95 fraudulent IDs and pleaded guilty to five counts of tampering with records.

2013年，俄亥俄州的貝蒂娜·揚被指控銷售假身份證和假駕照給非法移民。她上交了95個假身份證, 供認了5項篡改記錄的罪名。

Normally, the punishment for such an offense is 15 years in prison, but Judge Michael Holbrook took a different route. Holbrook placed Young on probation, fined her $3,000, and ordered that she spend a minimum of three days in jail each year for five years, always over Christmas. This sentence, which has come to be known as the "Holbrook Holidays," is not new for the judge. He has issued some 40 similar sentences, always finding out the perpetrator's favorite holiday before sentencing. Holbrook ties the defense of his punishment system with the expense of prison in the state of Ohio, saying that it has been an "alternative and effective" form of punishment.

通常情況下，這類犯罪行爲有15年監禁的懲罰，但法官邁克爾·霍爾布魯克採取了不同的措施。他判處揚緩刑處分，處罰金3000美元，並勒令她每年至少3天要監禁在牢裏,並且每次都得關到聖誕節過後,這個刑法一直持續5年。這個判決，已經被稱爲"霍爾布魯克假期"，對這位法官來說這並不新鮮了。他曾發出約40例類似的判決，總是會在宣判前找出犯罪者最喜愛的假期。霍爾布魯克犧牲了俄亥俄州的監獄,將這種處罰納入他的懲罰系統。他說，這已成爲"另類而有效"的懲罰形式。

Cutting--Hair Cutting

7.剪髮--剪髮

In 2012, Kaytlen Lopan, 13, and an 11-year-old friend were eating at a Utah McDonald's when they encountered a curly haired three-year-old girl. Shortly after befriending the child, the older girls decided the next natural step would be to cut her hair. When attempts to procure a pair of scissors from McDonald's staff members were unsuccessful, the pair purchased some from the dollar store across the street. Upon their return to the fast food restaurant, they chopped the little girl's curly locks off to the level of her jawline. Before the incident, the hair had reached midway down her back.

2012年, 13歲的Kaytlen Lopan和她11歲的朋友在猶他州吃麥當勞時,她們遇到了一個3歲的捲髮女孩。結交這個女孩不久後，兩個大女孩決定下一個自然的步驟就是剪小女孩的頭髮。在試圖向麥當勞員工索要剪刀失敗後，兩人從街對面的一元店買來剪刀。他們回到快餐店後將小女孩的頭髮剪到下巴的長度，而在這個事件之前，小女孩的頭髮長達腰部。

Mother Mindy Moss was outraged and pressed charges for assault. Both Lopan and her friend went before Judge Scott Johansen, who initially sentenced Lopan to 30 days in detention and 276 hours of community service. The judge then offered to cut Lopan's community service sentence by 150 hours if Lopan's mother, Valerie Bruno, cut her daughter's hair right there in the courtroom. She agreed. Lopan's friend was sentenced similarly, though she was permitted to have the job done at a salon.

小女孩的母親明迪·莫斯被激怒了，她提出控告。Lopan和她的朋友被帶到法官斯科特·約翰森面前，最初她們被判拘留30天以及276小時社區服務的處罰。之後，法官提出可以將Lopan的社區服務時間縮短到150小時，如果Lopan的母親瓦萊麗·布朗在法庭上剪去她女兒的頭髮。她同意了。 Lopan的朋友同樣有處罰，雖然她被允許在美容院工作。

on--Charging A Cell Phone

6.監禁--給手機充電

Darren Kersey, a homeless man in Sarasota, Florida, was charged with theft and thrown in jail when he used an outlet in a public picnic area to charge his phone. The officer who carried out the arrest, Anthony Frangioni, defended his actions by proclaiming, "The theft of city utilities will not be tolerated during this bad economy." Kersey had to spend the night before his trial in jail because he couldn't afford the $500 bail.

達倫·克西，佛羅里達州薩拉索塔一個無家可歸的男子，被控盜竊罪後關進監獄，他在公共野餐區使用插座給他的手機充電。負責這項指控的官員Anthony Frangioni，解釋了他的行爲"在這個經濟不景氣的時候，城市公用設施不能容忍被盜竊"，在審判之前，克西只好借宿在監獄裏，因爲他付不起500美元的保釋金。

Frangioni was right that public utility theft is a real problem. People have been apprehended for tampering with meters to take advantage of the system. However, the judge threw out the case the next day because the officer had no right to jail Kersey—Kersey had not been stealing utilities; he had simply been using public property, and that's not a crime. This verdict came as a relief to many of us who have undoubtedly done the same thing.

Frangioni 是正確的，公共設施盜竊的確是一個問題。人們能夠理解篡改線路而利用這個系統。 然而，第二天，法官否決了這項決議，因爲他們沒有權利監禁克西——克西並沒有偷竊公共設施，他只是使用了公共財產，這並不是犯罪。這個判決讓我們很多人鬆了口氣，因爲無疑很多人也做了同樣的事情。

翻譯：喬夢月 來源：前十網