Netflix Film: State of Alabama vs. Brittany Smith

[NewsVine_Mariyam]

I usually stay away from domestic violence cases because in my opinion, justice is seldom found. Yes people who commit assault and rape are sometimes jailed, while murderers sometimes are incarcerated or put to death. The problem for me is that in most cases the punishment rarely compensates for the damage done.

I have a question for the legal eagles on the board. Brittany was offered a deal that if she pled guilty to murder her sentence would only be six months and she would be credit for the almost year she already served. That along with 18 months supervised probation? (she'd essentially be under house arrest).

Unless I'm mistaken, murder is a felony so how can she be sentenced to time that is less that what is generally required for a misdemeanor? Brittany believes that she offered her this deal simply to get her to accept it so that she'll have a murder conviction on her record. Can a judge do that? Decide that the longest sentence you will server for a violent felony is six months?

Thanks,
Watch State of Alabama vs. Brittany Smith | Netflix Official Site

 

[Baron Von Murderpaws]

Unfortunately, judges can pass any sentence they want.

Youtube is full of videos of aborrent judges giving murderers, drug dealers, and psychopaths a literal slap on the wrist.......while their victims and/or their families suffer immeasurable losses.........both mentally, physically, emotionally, and monitarily.

 

[regan2]

I usually stay away from domestic violence cases because in my opinion, justice is seldom found. Yes people who commit assault and rape are sometimes jailed, while murderers sometimes are incarcerated or put to death. The problem for me is that in most cases the punishment rarely compensates for the damage done.

I have a question for the legal eagles on the board. Brittany was offered a deal that if she pled guilty to murder her sentence would only be six months and she would be credit for the almost year she already served. That along with 18 months supervised probation? (she'd essentially be under house arrest).

Unless I'm mistaken, murder is a felony so how can she be sentenced to time that is less that what is generally required for a misdemeanor? Brittany believes that she offered her this deal simply to get her to accept it so that she'll have a murder conviction on her record. Can a judge do that? Decide that the longest sentence you will server for a violent felony is six months?

Thanks,
Watch State of Alabama vs. Brittany Smith | Netflix Official Site

Mister Beale posted this message to me on another forum and he's cool so I'm hoping to help -

It appears to be incorrect when it says "Brittany was offered a deal that if she pled guilty to murder her sentence would only be six months and she would be credit for the almost year she already served. That along with 18 months supervised probation? (she'd essentially be under house arrest)."

Per AL.com: Smith pleaded guilty to murder and was sentenced to 20 years in prison, split to include 18 months in the Jackson County Jail and 18 months on house arrest. She was released after getting credit for time spent in jail awaiting trial.
I believe she was given credit for three years served prior to her plea.

Felony convictions in some states - sentences can be suspended with no jail time - as in guilty of burglary sentenced to 15 years suspended on service of five years probation - for example.

Again, I do not know Alabama law. But I found this:

Alabama Code § 15-18-8, the Alabama Split Sentence Act, allows Alabama criminal court judges to suspend portions of a criminal defendant’s sentence. Under a split sentence, the judge imposes a limited amount of jail time followed by a period of probation. The jail time that is not served can be imposed, and the defendant made to serve the remainder of his sentence if they violate the conditions of their probation.

For criminal sentences up to 15 years, the judge can order the defendant to serve a split sentence of up to 3 years of jail time followed by the remaining sentence being suspended while the defendant is on probation.

For criminal sentences over 15 years, but not over 20 years, the judge can order the defendant to serve a split sentence of not less than 3 years and not more than 5 years, followed by a period of probation.

http://www.bradfordladner.net/criminal-punishment-alabama-sentences-and-fines/alabama-split-sentence/

So, there's that three years she served in jail prior to entering the plea. She would have been given credit for time served.

Here is the actual Alabama statute:

2012 Code of Alabama :: Title 15 - CRIMINAL PROCEDURE. :: Chapter 18 - SENTENCE AND PUNISHMENT. :: Section 15-18-8 - Terms of confinement, etc.; probation.

law.justia.com

Hope this helps -

 

[BackAgain]

I usually stay away from domestic violence cases because in my opinion, justice is seldom found. Yes people who commit assault and rape are sometimes jailed, while murderers sometimes are incarcerated or put to death. The problem for me is that in most cases the punishment rarely compensates for the damage done.

I have a question for the legal eagles on the board. Brittany was offered a deal that if she pled guilty to murder her sentence would only be six months and she would be credit for the almost year she already served. That along with 18 months supervised probation? (she'd essentially be under house arrest).

Unless I'm mistaken, murder is a felony so how can she be sentenced to time that is less that what is generally required for a misdemeanor? Brittany believes that she offered her this deal simply to get her to accept it so that she'll have a murder conviction on her record. Can a judge do that? Decide that the longest sentence you will server for a violent felony is six months?

Thanks,
Watch State of Alabama vs. Brittany Smith | Netflix Official Site

I don’t know mch about the criminal laws and criminal procedure laws and rules of Alabama. But if the sentence is the minimum under Alabama law for murder (which appears to be only two years) and you get credit for the time you’ve already served awaiting trial, then maybe you only need to serve a few more months behind bars.

In your OP, the math doesn’t seem to work. However, if she pled guilty not to “murder” but to a lower level homicide such as “criminally negligent homicide,” then the sentence would be legal.