Questions raised on sentencing

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The public finds itself at a disadvantage in judging the merits of local court sentences. The results of two recent court cases have many people, including reporters and editors, scratching their heads. One seems incredibly light and the other pretty stiff, and when compared to one another, they make little sense.

* Dustin Henrickson, 18, pleaded guilty on charges of conspiracy to commit burglary, possession of drug paraphernalia and possession of marijuana on July 9 in Burleigh County Court. The charges stemmed from looting two homes on Fox Island after rising floodwaters drove the residents out. The crime ticked off a lot of people.

His sentence: up to six years in prison.

* Lawrence Bailey, 29, pleaded guilty to criminal mischief, a Class A misdemeanor, in Burleigh County Court. He had been charged with arson, a Class B felony, after being accused of starting a fire in his girlfriend's mobile home and then taking credit for getting the girlfriend and her children out. The incident took place April 8, 2007. There had been several delays, and it was finally resolved Friday with a plea bargain.

His sentence: one day (time already served) and a psychological evaluation.

The two cases are really matters of apples and oranges. They have nothing to do with each other, and are different kinds of crime. Yet the sentences appear out of balance. Part of the problem is that there is so much that we do not know. And it is in these cases that the judge or the prosecutor should offer an explanation.

In the most recent case, the plea bargain of Bailey, Burleigh County Assistant State's Attorney Julie Lawyer was not available for comment. State's Attorney Richard Riha had no explanation for Lawyer agreeing to the plea bargain and one-day sentence of Bailey.

South Central District Judge David Reich apparently didn't like the plea bargain and made the two parties at least agree to a psychological evaluation of Bailey.

Henrickson, on the other hand, committed a crime that raised the ire of the community. Stealing - looting - from homes of people who were forced out by floodwaters struck a chord with many local residents. It was a despicable act. Henrickon's other charges - possession of drug paraphernalia and possession of marijuana - and an extensive record as a juvenile likely swung the balance of justice against him.

It's not that Henrickson's sentence was too severe - it's not; rather, how six years looks when compared to one day.

Crimes are not just committed against people, but communities as well. And there's good cause, especially in this case, for a better explanation of how the system worked or did not work. The public deserves an explanation.

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