Slashdot Mirror


Database Finds Fugitive After 35 Years

Hugh Pickens writes "The Guardian has a story on a woman who was claims she is innocent and was apprehended 35 years after escaping prison by a computer database created by the Department of Homeland Security. Linda Darby was convicted of killing her husband in 1970 and sentenced to life at an Indiana prison but escaped two years later by climbing over a barbed-wire fence at the Indiana Women's Prison. She knocked on a stranger's door in Indianapolis, telling the woman who answered that her cuts and scratches were from a fight with her boyfriend. In Indianapolis she met the man who would become her third husband and moved to his hometown of Pulaski, where they raised their two children and watched eight grandchildren grow up. As Linda Jo McElroy, she used a similar date of birth and social security number to her real ones which allowed a computer database created by the Department of Homeland Security to identify her. Darby says she is innocent and fled prison because she did not want to serve time for another person's crime."

79 of 459 comments (clear)

  1. Of course... by azuredrake · · Score: 2, Insightful

    Of course, even if she was innocent of murder, she's now guilty of whatever charge Indiana has on its books for escaping from prison...

    --
    Quis custodiet ipsos custodes?
    1. Re:Of course... by Opportunist · · Score: 5, Informative

      There's an additional punishment for escaping prison?

      Our law defines the attempt to escape (or succeeding) as following the basic human urge to be free, thus not punishable by law.

      Of course, what happens is that any chance you had for parole is gone. But there's no additional punishment for breaking out.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Of course... by durdur · · Score: 3, Informative

      Escape, and attempted escape is a crime, at least in California, and can result in additional prison time. (I would be surprised if any state did not have similar laws). But of course if you were already in for life, you can't get additional time.

    3. Re:Of course... by Squalish · · Score: 2, Informative

      Google says:
      Mexico's law does that, but escaping from [certain] US prisons will draw charges and if convicted, tack a few years onto your sentence.

      --
      People in Soviet Russia, however, appear to be afflicted with amusing juxtapositions of the aforementioned situation
    4. Re:Of course... by Squalish · · Score: 4, Interesting
      --
      People in Soviet Russia, however, appear to be afflicted with amusing juxtapositions of the aforementioned situation
    5. Re:Of course... by spiritraveller · · Score: 2, Informative

      In my state, a person convicted of a felony who escapes from prison can be charged with the crime of Escape. If they are then convicted of the escape, they can be sentenced up to an additional ten years.

      If "basic human urges" could not be punished, prostitution would be legal in every state.

    6. Re:Of course... by Das+Modell · · Score: 2, Insightful

      Their policy is insane and dangerous. Why do rapists and psychopaths deserve freedom at the expense of the safety of others?

    7. Re:Of course... by Anonymous Coward · · Score: 2, Insightful

      I don't think that's relevant, the point is when caught they won't face extra charges for escaping. See? That wasn't so hard, was it? Thinking can be fun.

    8. Re:Of course... by lobStar · · Score: 3, Informative

      Dunno where he's from, but that applies to Sweden. Here you are usually given parole after 2/3 of the prison time (if you behaved well in prison etc), but of course fleeing removes that chance. It is however proposed by some politicians that it should be punishable.

    9. Re:Of course... by Elemenope · · Score: 2, Funny

      When asked, the defendant proffered his reasoning: "He just needed killin'." There was a murmur of agreement in the court, and the judge nodded approvingly. The DA, desperately trying to remain expressionless, braced himself and stood up; this was going to be a toughie.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    10. Re:Of course... by spiritraveller · · Score: 2, Interesting

      Of course sex is a basic human urge... but rape?

      People do it, but I'd hardly call it basic.

      If you have the urge to rape people, I would urge you to talk to a psychiatrist. Even if you never act on those urges, it's a sign of something you should be dealing with.

    11. Re:Of course... by Original+Replica · · Score: 2, Insightful

      she's now guilty of whatever charge Indiana has on its books for escaping from prison...

      This case brings into question the whole purpose of prison. The criminal escape charges should be dropped if the idea behind prison is actually to reform the prisoner. It sounds like this lady lead a mainstream productive life, which should be the point of prison. Now if the real purpose of prison is a juvenile sense of revenge or to support the prison industrial complex, then by all means let's throw her back in and her new husband too, after all he was harboring a fugitive.

      --
      We are all just people.
    12. Re:Of course... by commodoresloat · · Score: 2, Interesting

      If you read the link, you'll find that there's much more to it. Such as what? I read the link, and it seems pretty clear -- escaping itself is not a crime, and the accused is both permitted and expected to try. Of course, guards can shoot them in the process, and they are not pardoned for any crimes they commit in the process. But if they figure out how to escape without breaking any laws, they will not have any additional time tacked on to their sentences simply for trying to escape. They will eventually be caught in most cases, and will be forced to finish out their sentences. It has absolutely nothing to do with pardoning rapists or whatever.
  2. Our government finally does something right by Wonko+the+Sane · · Score: 4, Funny

    The country is now safe from terrorist grandmothers!

    1. Re:Our government finally does something right by Vitriol+Angst · · Score: 5, Insightful

      So, the REVENGE is complete.
      She managed to live as a productive citizen, have kids, and pay taxes -- but now at 65, the genius database that is going to let no small-time criminal get away has caught her. This is just sad. I don't think any of us really want a perfect tracking system -- we want good enough justice and better courts.

      I remember that my brother used to mess around with drugs in high school. He never got caught, but had some "therapy" when my parents found out. They don't have this for poor people -- they just go to jail. Now my brother makes over $250,000 and runs the SouthEaster division of some big company -- a productive citizen. If the system had caught him, he'd be an unemployable deadbeat, and probably dealing with depression and recidivism like all the other folks. We like to think that we are different -- but opportunity makes a HUGE difference to your outcomes in life.

      I'm glad when some mass murderer gets caught -- but I'm not so sure about this lady. Her life is over -- innocent or not. And it won't help anyone but to keep the employment of prison guards up. Do you know these mega-prisons have lobbyists now and that's where we got most of the push for mandatory sentences and 3 strikes and you are out?

      --
      >>"ad space available -- low rates!!!"
    2. Re:Our government finally does something right by Kjella · · Score: 4, Insightful

      Oh, give me a break. You can discuss if this is a wise use of money or helps against terrorists, but if as a side effect an escaped murderer is caught and brought to justice, why are you trying to spin that as a bad thing? I really couldn't care less if she's been a saint since she escaped or if she claims to be innocent - a jury of her peers, after hearing all the evidence, found her guilty beyond a reasonable doubt. It's not exactly terribly creative to claim you escaped because you're innocent, you know. I want fugitives, whereever they may be and however long time has passed, to fear that some day they'll be found out and brought to justice. Within a reasonable balance of catching them, bringing them to trial and making sure they don't escape in the first place, that is.

      --
      Live today, because you never know what tomorrow brings
    3. Re:Our government finally does something right by Wonko+the+Sane · · Score: 4, Insightful

      At 64 she remains perfectly capable of killing her new husband, so her danger to society is hardly reduced.
      Correct, but was this danger to society great enough to justify all the new government powers that have been set up after 2001? If this is the best the DHS can do, then where does that put the cost to benefit ratio?
    4. Re:Our government finally does something right by A+beautiful+mind · · Score: 2, Informative

      I want fugitives, whereever they may be and however long time has passed, to fear that some day they'll be found out and brought to justice. Within a reasonable balance of catching them, bringing them to trial and making sure they don't escape in the first place, that is.
      I want all crimes except genocide or crimes against humanity to expire in 20 years tops. "Fugitives" are humans most of all and if they managed to keep themselves out of the hands of law enforcement for 20 years and didn't commit any crime apart from the one that expired (and I would say jailbreak is not a continous but singular event), then you can say that pursuing those crimes is probably a colossal waste of money and time.

      What would be the justification for not allowing crimes to lapse? It is hardly a deterrent, to say that if I didn't catch you for 20 years, I will try and catch you later. The single fact that this woman was caught so late and it makes the news is an indication of how rare this event is. However, in 20 years or more worldviews, laws, court practice changes and people change. If someone committed a crime 20 years ago, but has lived a law abiding life since (apart from being a fugitive of course), then I see no reason why to waste money and resources, plus ruin a person's life. "Justice" is not about revenge: it should be about rehabilitation and deterring people from committing crimes.

      Revenge would dictate to haul someone's ass back into prison whenever they are caught, but that serves no purpose whatsoever apart from revenge. I say, that if 20 years from now on someone is still free and there is no record of him ever committing a crime again, we should just let him/her enjoy his freedom. The law enforcement failed here and a crime is not the most defining quality of a human being, so why should we be punishing someone much later in his life - just because the law enforcement failed to do it's duty and apprehend him/her?
      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    5. Re:Our government finally does something right by olman · · Score: 2, Informative

      I want all crimes except genocide or crimes against humanity to expire in 20 years tops. "Fugitives" are humans most of all and if they managed to keep themselves out of the hands of law enforcement for 20 years and didn't commit any crime apart from the one that expired (and I would say jailbreak is not a continous but singular event), then you can say that pursuing those crimes is probably a colossal waste of money and time.

      Dunno how things work in US of A but around here anything short of murder DOES expire. If you embezzle millions and manage to evade justice for 20 years (or whatever) you can come retire in your homeland. Nb. I'm not a lawyer, maybe "they" would still seize your assets on the assumption they were acquired from initially illegally gained stash and/or nail you on taxes, but you couldn't be kicked to prison.

      Murder, however, never expires except when the criminal dies. Actually a lot of people confess old homicides on their deathbed.. And even for slashdot groupmind, it blows MY mind that people have a problem with the concept that murder is not something that will be glossed over. Yeah, if you do your time and demonstrate you have actually reformed you'll get out eventually. In socialist europe that means about 20yrs max of hard time which is in fact quite a long time.

  3. Re:matching ids by edittard · · Score: 5, Funny

    Don't be harsh - have you never written a query in such a way that it didn't use the indexes correctly?

    P.S. Why is /. using the wheelbarrow symbol for database?

    --
    At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
  4. Give her a break! by Funkcikle · · Score: 3, Funny

    The authorities should focus on finding the one-armed man.

  5. Re:Firt post!! by ScrewMaster · · Score: 4, Funny

    We'll let you have it this time, but in the future please remember that you must claim "frist psot" if you want to be properly recognized for your achievement.

    --
    The higher the technology, the sharper that two-edged sword.
  6. What is the real issue here ? by Alain+Williams · · Score: 5, Insightful
    On the face of it she was found guilty of murder and compounded that by absconding from prison. She claims that she is innocent, but she would say that any way. There is no way that the armchair sleuths on slashdot can come to any realisitic determination of the truth. I fully appreciate that 'the law' is on occasion incorectly applied ... but that is another story.

    What is interesting is that we have this story probably flagged up by the authorities. I suspect that it is to make us think that the ''big government databases'' are a good thing and that we should approve their continued use. What is buried are the stories where these databases have screwed up and inconvenienced (or worse) innocent people.

    1. Re:What is the real issue here ? by Large+Green+Mallard · · Score: 5, Insightful

      The databases were created to stop terrorism. If they're being used to chase down anyone the government wants for anything, it's another step toward a police state.

    2. Re:What is the real issue here ? by Qzukk · · Score: 2, Interesting

      think that the ''big government databases'' are a good thing and that we should approve their continued use. What is buried are the stories where these databases have screwed up and inconvenienced (or worse) innocent people.

      Agreed. That some escaped convict was caught is certainly good news. The bigger question, since the database "caught" her for using an SSN that was "close" to her old one, is what happened to the other few hundred people whose SSN was a digit off as well?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:What is the real issue here ? by Ex-MislTech · · Score: 2, Informative

      http://www.brainwavescience.com/

      While not perfect, this has freed other prisoners legally,
      and this could be used to determine her guilt or innocence
      to a very high probability.

      Much more so than just a simple polygraph.

      --
      google "32 trillion offshore needs IRS attention"
    4. Re:What is the real issue here ? by Splab · · Score: 2, Insightful

      You can't say just by that that she is innocent of the original crime, however she has shown to be a capable of being a normal citizen working for the greater good, if prison is supposed to correct people and she has shown to be "correct" she should be led out.

  7. Surprised at what you might find by Sanat · · Score: 4, Interesting

    Back in the 80's I was setting up a call center for the computer company where I worked and one of the steps was to search for duplicate serial numbers and standardize model numbers, customer names, etc. I'm sure anyone who worked with databases understands this process.

    Our databases were regional, so while searching for duplicates a whole computer system suddenly disappeared from the Northeast and mysteriously showed up in Florida. I started researching thinking that the system perhaps was stolen but instead I accidentally uncovered a CIA operation. Don't know if it is still active so I won't say anything else about it except database integration can give insights and glimpses into situations that are at first very transparent.

    This sounds like what caught Linda.

    --
    And in the end, the love you take is equal to the love you make
  8. The title off the post is irritating by smittyoneeach · · Score: 4, Insightful

    The title off the post is irritating.
    The database did nothing. It is a process running on a computer. Information flows in, (potentially useful) information flows out, a suspected criminal is arrested. One could as well claim that the piping system in a house effected the drowning of someone. Water flowed in, water flowed out, and someone died.
    The database is just an occasionally useful tool. The code for it is written by people, and the outputs are intrepreted and acted upon by people.
    Could we eschew this slipshod causal analysis?

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    1. Re:The title off the post is irritating by Kenneth+Stephen · · Score: 2, Insightful

      Au contraire.

      Its the difference between building a house without a hammer, and building a house with one. The hammer didn't hammer the nails; the person did. However, the house wouldn't have gotten built without the hammer because its just too difficult to do it otherwise. And thats the point: the database is a tool that makes the difference between catching some criminals and letting them get away scot-free. The title of the story is exactly right.

      --

      There is no such thing as luck. Luck is nothing but an absence of bad luck.

  9. tricky one by apodyopsis · · Score: 2, Interesting

    Tricky one.

    Rather then attempt to clear her name shed escaped from jail and started a new life - a felony in itself.

    On one hand you take the argument that they system has an appeals system designed to right injustice so if she believed she was innocent she should of tried to clear her name, on the other hand you have a possibly inept defense lawyer who seemed not to be dong their job and the possibility that left on her own she would rot in jail.

    It is clear that the police have significant evidence to pin the crime on her, and the original jury clearly thought so. And we only have to facts as stated from TFA that make her seem like a saint based on the new life after the original murder.

    And a justice system only works if all judgments and laws are upheld.

    I am slightly disturbed by the final comment about this database "But there also were other clues that he said he could not talk about." - WTF? has this person never heard of conspiracy theorists? give them a single clue like that and they can invent ten secret organizations by lunchtime.

  10. Murder = OK? Are you kidding? by sjbe · · Score: 4, Insightful

    the genius database that is going to let no small-time criminal get away has caught her. This is just sad.


    So basically you are saying murder is OK. Wow. Innocent until proven guilty but that takes some really... interesting thinking to claim that murder is somehow forgivable.
  11. Re:Has she offended since? by Elemenope · · Score: 5, Interesting

    (Bracing for the bitchslaps...)

    You know, this is what drives me crazy about how our justice system deals with murder. On the long list of crimes ranked by recidivism rates, murder ranks very near the bottom. Except for the few sociopaths who see murder as acceptable means for financial or personal gain, and the even fewer number who kill to indulge a predatory instinct or because it's just fun for them, the vast majority of murders are very obviously one-time affairs. Most murderers are far less of a continuing threat to society than, say, rapists and molesters.

    So, why do we impose the heaviest sentences for murder, regardless of circumstance, heavier than those crimes that indicate a far more sociopathic personality, if the justice system is first and foremost about protecting society and its interests?

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  12. Because of privacy rules by hey! · · Score: 2, Insightful

    "Papers please." Americans never want to here these words. But even as far back as 1972, scholars of civil rights were aware of the dangers posed by compulsory provision of social security numbers. The uniqueness property of the SS numbers are so useful, it was quickly becoming necessary to use the number to transact a great deal of government and even private business.

    At least it used to be that the FBI couldn't troll through every database the government had, looking for people. The idea was that people don't have a choice about providing their SS number and other information that personally identifies them, so that this information should not be requested unless there was a clear reason to collect it, and should never be used except for that purpose.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  13. Wrong Message by ncryptd · · Score: 5, Insightful
    I realize that this is supposed to be a "Look what Big Brother can do for you!" piece -- but is anyone else a little unsettled by what went on? A woman claims her innocence to the point where she breaks out of jail. After escaping, she goes on to live a normal life for 35 years (not harming anyone, and raising children), after which the government re-captures her, and will haul her back to prison to rehabilitate. Given that she spent 35 years on the outside with no further crimes, I'd say that she's pretty rehabilitated already.... but I guess not.
     
     

    She and her husband ran a junk and antiques shop for a number of years, friends said. More recently, Darby worked cleaning houses and sitting with elderly people.


    Whew! Glad we have her off the streets. Thank God for that database....
    1. Re:Wrong Message by ari+wins · · Score: 2, Funny

      Hey c'mon, you have to admit that with the present overcrowding at most prisons, someone with her skills is needed. Not everyone is good with a mop, you know. Plus, someone really should sit with the new perp's after their first night of gang sodomization.

      --
      Don't worry if you're a kleptomaniac, you can always take something for it.
    2. Re:Wrong Message by Reality+Master+101 · · Score: 2, Insightful

      A woman claims her innocence to the point where she breaks out of jail.

      What, only innocent people try and break out of jail? Please.

      Given that she spent 35 years on the outside with no further crimes, I'd say that she's pretty rehabilitated already.... but I guess not.

      So what's your point? If we convict people who MURDER their spouses, we should let them out to see if they can turn their life around? If your sister's husband murders your sister, then escapes, are you OK with just letting him go? If you're OK with murder, I assume you're OK if he just beats her up.

      Of course, we have to be consistent. If any prison claims that their innocent, we should let them out. Or if any prison *might* live a productive life, we should let them out. Or if any prison can manage to escape AND stay hidden for along enough time without any crime, then their crime will be forgiven.

      Maybe you can define exactly what you want the rule to be.

      If it was my son that was murdered by this woman, I'd be pretty happy that we have better tools to catch bad people. This was a huge win for law enforcement. I'm glad we're finding these people and not letting them chortle day after day about how they "got away with it."

      --
      Sometimes it's best to just let stupid people be stupid.
    3. Re:Wrong Message by Paradise+Pete · · Score: 5, Funny
      we convict people who MURDER their spouses

      The sad part is that If she hadn't done it in all caps she might have gotten away with it.

  14. Are you smoking crack? by ubuwalker31 · · Score: 2, Insightful

    When you are convicted by a jury in the United States of a felony, you loose a number of rights by operation of law. You loose your right to freedom by having to go to jail, you loose your right to hold property, by having to compensate the victim and the state, and often, your right to vote. The reason why this is "ok" is because you lost these rights after "due process of law".

    Escaping from jail is a serious criminal offense with serious additional penalties. There is no statute of limitation concerns because it is an ongoing crime...the statute would start to run after recapture, however.

    1. Re:Are you smoking crack? by deftcoder · · Score: 2, Informative

      When talking about things related to the law, it may help to be a bit more articulate in your speech.

      'Loose' = the opposite of 'tight', 'to lose' = the opposite of 'to win' or 'to gain'.

      Other than that, good post.

      --
      Peace sells, but who's buying?
  15. Re:Murder = OK? Are you kidding? by schnikies79 · · Score: 2, Insightful

    Or are you just one of those tools who think everybody in innocent just because they say so. She was convicted by a jury of her peers.

    --
    Gone!
  16. Yesss! Guess my PDP-11 batch job finally finished! by Anonymous Coward · · Score: 3, Funny

    I was wondering how it was going...

  17. Re:Has she offended since? by Cal+Paterson · · Score: 4, Insightful

    Because a life sentence for murder is actually a very reasonable deterrent. Remember that almost all murder is done in a premeditated manner (otherwise it would be manslaughter (I'm in the UK)). There are some crimes where you are right, and it is not productive to attach a lengthy jail term as a deterrent (drug use, theft/robbery/burglary etc) but with murder is not one of them.

    Murder is the most serious crime, and if you neither attach a jail sentence (to deter) nor a therapy/rehab course (which is pointless because murder, as you said, has a tiny recidivism rate) you aren't actually attaching any judicial response, and murder ceases to be criminal behaviour.

    I understand your frustration at the seemingly fruitless punishment for murder (and you are correct; it serves no purpose for the betterment of the convicted), but having a long jail sentence for murder actually does serve society: by deterring murder.

  18. Re:Firt post!! by Anonymous Coward · · Score: 2, Funny

    Wow, since you are this lucky why not go out and try to earn yourself a Darwin Award, I'm sure you will win one for sure.

  19. Trillions of $$ Well Spent... by littlewink · · Score: 2, Insightful

    pursuing enemies of the United States. Undoubtedly they also have determined where Osama Bin Laden is hiding?

    I am soooo pleased that we now have tens of thousands of otherwise unemployed white-collar workers working diligently to pursue terrorists such as this woman. If only one such terrorist is found by the trillions of dollars then I think the "War on Terror" must be declared a wild success.

    Sheesh!

  20. Re:Has she offended since? by peektwice · · Score: 2, Insightful

    73% of all statistics are made up on the spot.

    Recidivism is low among convicted murderers because they often spend the rest of their lives in prison.

    I've got no sympathy for this woman just because she says "It wasn't me!". That's the excuse kids use every time they get caught doing something they shouldn't. However, most outgrow it.

    Murder however, is a capital offense, and the argument doesn't wash. Obviously the jury agrees.

    --
    Other than this text, there is no discernible information contained in this sig.
  21. Re:Murder = OK? Are you kidding? by Anonymous Coward · · Score: 2, Insightful

    "She was convicted by a jury of her peers."

    Jesus, I sincerely hope you get to face one of those one day.. Because juries are the pinnacle of intelligence, can't be mislead, deceived or swayed by irrelevant stuff, right? Just face it, it's a lottery as much as anything, especially if you can't afford a good defense.

  22. Re:Has she offended since? by Ironsides · · Score: 4, Insightful

    Have you ever thought that the heavy sentences for murder are what keep the recidivism rate low? After all, it's kind of hare to commit a second murder while in jail.

    Also, as you say, vast majority of murders are by people the victim knew. Ever think that the heavy sentences keep others from committing murder?

    Sentences are for multiple reasons. Rehabilitation, Punishment and Deterrence. Rehabilitation so the person does not do it again. Punishment for their crime. Deterrence to keep others from committing the same crime.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  23. Re:False Positives by Descalzo · · Score: 2, Insightful
    What I'm interested in hearing about is the people who were arrested. Not fingered. We'll NEVER hear about all the people who were fingered, because fingering is not really a bad thing.

    Well, maybe I'm being harsh. You should explain what exactly you mean by being "fingered" and what's wrong with it, and why we should be up in arms about it.

    --
    I cried real tears when Li Mu Bai died.
  24. Re:Murder = OK? Are you kidding? by kaiser423 · · Score: 5, Insightful

    No, he's saying that this massive database that spies deeply into our lives that's supposed to catch terrorists is now catching little 'ol grandmas (who killed a person, but is not a terrorist), and that we're supposed to be happy about it. I am not.

    I would rather have her free on the street than lose some of my civil liberties. She didn't re-commit crimes, and she led a good life. She did/does deserve to be in jail, but this database is obviously not being used in the context that it was expected to be used in, and that's disturbing.

    If you've ever watched an old western, or any outlaw movie -- there's a very romantic idea in America of old criminals righting their ways by themselves, relocating and turning into great, good productive citizens. Then in the end of the movie, some asshole sheriff shows up and drags the ex-criminal back into court/jail to the sadness of the whole town who then rallies behind him. So, yea, internally a lot of people are conflicted -- this person should be in jail, but there's some part of the rough and tumble American ideal inside of people still that says she made it right and should be left alone. She needs to go back into jail for precedence reasons (can't just let her go once they've found a jail-bird), but a part of me is disgusted at the way she was caught -- by this TERRORIST DATABASE, and not by something that would have happened if the government wasn't actively data-mining in places that they normally wouldn't be if it weren't for 9/11/PATRIOT ACT/Bush.

    So yea, lock up the criminals (even better, rehabilitate), but don't justify a massive infringement in civil liberties by saying that it has allowed you to lock up grandma.

  25. Re:convictions by NekSnappa · · Score: 2, Interesting

    True, but this is what the appeals process is for. There are more avenues than escape from prison.

    Is it a perfect system? Of course not, but it serve it's purpose "for the most part."

    --
    I want to shoot the messenger!
  26. Re:Murder = OK? Are you kidding? by Greyfox · · Score: 4, Insightful

    The news is full of stories lately about people who where convicted by juries of their peers, spent 15-20 years in jail and eventually proven innocent by DNA evidence. Also, OJ was not convicted by a jury of his peers. That pretty much illustrates the value of a jury of your peers.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  27. Re:Has she offended since? by lazlo · · Score: 5, Insightful

    I'd be somewhat skeptical of those statistics. It seems to me that a murderer is either 1) in jail for his/her crime, 2) trying to avoid being caught, or 3) has been released after a lengthy prison stay. Case 1 makes recidivism difficult. In case 2, the murderer can be expected to be a bit cautious. In case 3, the murderer is at least a decade or two older, and my understanding is that the vast majority of crimes in general are committed by the youth (which may be due to similar statistical influences).

    However, that aside, most people agree that there should be *some* consequence for lawbreaking. From what I've seen, there are 4 basic reasons that people want that consequence applied, and many people seem to weight those reasons wildly differently. This leads to some people having a completely reasonable and consistent opinion that still makes absolutely no sense to someone else. The four reasons I've seen are:
    1) revenge
    2) deterrent
    3) rehabilitation
    4) prevention of recidivism (in the aspect that someone can't easily commit some crimes while in jail)

    So, for someone who weighs 3 and 4 heavily, the sentence for a first murder should be fairly light, as the criminal is unlikely to commit that crime again. If you weigh 1 and 2 heavily, then the consequence should be correlated to the seriousness of the crime, not the chance of the criminal committing the crime again, so a hefty sentence for murder makes sense.

    But even if 3 and 4 are the only concerns, there's got to be a reason why one would want to prevent recidivism. That reason is probably the potential for damage that the crime being committed again poses. Even though the recidivism rate for shoplifting is probably incredibly high, if it happens it's still *just shoplifting*. It costs someone some money. Similarly, even though the recidivism rate for murder may be extremely low, when it happens someone still dies, and that can significantly impact a lot of people. (I'm not trying to imply that you think murderers should receive a sentence lighter than shoplifters, it's just two things that tend to be on opposite ends of the scale for both recidivism and the impact of the crime's effects)

    --
    Pound! Bang! Bin! Bash! is this a shell script or a Batman comic?
  28. No, wrong understanding by argStyopa · · Score: 4, Insightful

    You do understand that she ostensibly MURDERED someone? She didn't just steal his ipod or wreck his car - she MURDERED him.

    "Given that she spent 35 years on the outside with no further crimes, I'd say that she's pretty rehabilitated already.... but I guess not."

    Maybe prison is meant to be *punishment*, and no, I don't think she's done her time if she was in fact guilty.

    Or would you agree that someone who kills YOUR sister, son, cousin, father - and managed to evade capture for 35 years should just be therefore forgiven?

    --
    -Styopa
  29. Re:Has she offended since? by vidarh · · Score: 2, Insightful
    Except it is not a good deterrent. There is absolutely no proof that longer murder sentences leads to higher rates of murders.

    Truth of the matter is that there are countries where murder carries long sentences with high murder rates (like the US) and with low murder rates (like the UK) and there are countries where murder carries short sentences with very low murder rates (like the Scandinavian countries) - there's no conclusive link between the length of sentences in these cases and frequency.

    The point is that the majority of murders, premeditated or not, are done without any thought for the consequences. It is either done in affect or it is done in emotional states where you most certainly will not spend time worrying about whether you'll be locked up for life or "only" a handful of years.

  30. Innocent by omission by domicius · · Score: 2, Insightful

    It's interesting to read this article and wonder where the husband's story has been gone. By carefully eliminating any possibility of sympathising with the victim of the murder, and by introducing fairly spurious ground for doubting the verdirct we're steered carefully towards reaching the writer's conclusion that this woman is innocent, and didn't deserve to be recaptured.

    What about her ex-husband's relatives, who have had to live a lifetime knowing the woman that was convicted of murdering their son/brother/father, ran away from justice and never served the punishment for her crime? What are their feelings that the person who had escaped a horrible crime to live a free life has been recaptured? Should they not feel relieved and even happy that a fugitive murderer has been apprehended to serve her time?

    Take whichever side you will, and believe what you will. But at the very least acknowledge the victim's side of the story, and that this article was one-sided and emotionally manipulative.

    1. Re:Innocent by omission by leereyno · · Score: 2, Interesting

      Propaganda lies, even when it tells the truth.

      This is what the MSM has been reduced to, propaganda and spin, which is why they're losing readers and viewers at an ever increasing rate.

      With the right kind of ears you can hear a sound. It is a harsh gnashing sound, but one that is becoming more shrill and louder all the time. More and more are able to hear it, and even see it. It is a desperate and fearful sound. It is the sound of the political left in America. They are terrified and in distress. You can measure their desperation by just how far their mask has fallen. There was a time when leftist bias in media was usually subtle, and its allegiance to the political left was hidden. Sometimes you could only barely perceive both. But now these are not only obvious, they are blatant and accompanied by the smell of fear. There was a time when the hatred that the left feels for America and its institutions was also shrouded and protected by cover stories, PR, and the creative redefining of words. Today they are increasingly saying what they really mean and what they really think, which has always been a disaster for them every time they have done it. Why have they changed? Because they are deathly afraid, almost to the point of panic.

      What do they fear? They fear the vast right wing conspiracy of course, and the effect it is having on their place in the scheme of things. What is the vast right wing conspiracy? Well you might have heard it described as something else, namely the rest of the country. The leftists have the misfortune (for them) of living in a functional democracy where their ability to fool enough of the people enough of the time is quickly becoming a thing of the past. They will of course re-invent themselves and pretend to be something else yet again. Evil never dies after all, it merely changes form and then reappears. Hopefully it will be a good long while before it does so this time.

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  31. Stepping backwards by Fantastic+Lad · · Score: 5, Insightful
    Maybe prison is meant to be *punishment*, and no, I don't think she's done her time if she was in fact guilty.

    Punishment? No, you mean Revenge.

    Revenge is about hate.

    The supposed purpose of the police system is to ensure that people are free of fear and hate. That we are safe to live in peace. Prison is supposed to remove people from society as long as they pose a threat, and it is meant to rehabilitate people so that they can lead peaceful lives. That is the end purpose of the law. That is the way we protect ourselves.

    Without knowing more about the woman and the life she has lived, we cannot judge. Perhaps she was being abused and her killing the man was an accidental result of self-defense. Or perhaps she was a jealous lunatic. Or perhaps she really was falsely accused. We do not know. But I DO know that revenge is not why I pay taxes. If this woman today poses no threat, if she has become a giving person who helps society, then containing her and ruining her psyche in a prison system which has a lousy track record of actually rehabilitating people, then what has happened here is a step backwards.

    You cannot un-kill people. The past is the past, and it may be very sad. But the future is not well served through revenge and further acts of hate. As Gandhi put it, "An eye for an eye leaves the whole world blind."


    -FL

    1. Re:Stepping backwards by Bozdune · · Score: 3, Insightful

      Yes, the police system creates fear. But does fear deter crime? The answer is no. This has been proven by countless studies over the years, many of which have focused on capital punishment and its deterrent effect (it has none - see, for example, this).

      So your most of your argument is specious.

      The part of your argument that is incontestable is the part where you say "[prison] takes [criminals] off the streets." That, in fact, does lower the crime rate, although there are much more sensible approaches to lowering the crime rate (for example, de-criminalizing drug use (see this)).

      The fact that Indiana didn't catch the woman for 35 years implies to me that they probably didn't try very hard -- hell, she didn't even move out of state. I'll bet there's a subtext to the story, or circumstances that we don't know about, that convinced the cops that she posed zero threat to society and wasn't worth expending the resources to track down. That judgment, if it was made, turned out to be true.

  32. Convict by conureman · · Score: 3, Interesting

    In the People's Republic of California, a conviction equals guilt. It never matters if a crime actually occurred, or who did it. Just round up the usual suspects and see if any plausible story can be cooked up with the DA. Who is the jury gonna believe? We are all just out on our own recognizance until they find out who didn't bring a lawyer. A litmus test for people I meet is to tell about one of the times that I was grabbed off the street as a likely suspect. A witness was brought by my cell, he told the cop "That ain't the guy" cop says "Are you sure? look again." Witness got pissed off that the cops dragged him out there, cop was pissed that the witness wouldn't finger me. I reckon a lot of folks go "well maybe it could have been him". Its not like it was a line-up either, just me, alone in a box. An amazing (to me) number of people say I wouldn't have been arrested if I didn't do anything, and shun me. Those are MY peers.

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  33. When prison helps by CustomDesigned · · Score: 2, Interesting

    A guy at our church used to be a domestic terrorist. He had joined a KKK group. When he was finally caught and imprisoned, he had bombed dozens of black churches and synagogues. Initially, prison made him worse. But during a long stretch of solitary confinement, he finally took stock of his life and asked God to help him change into a better person.

  34. Re:Has she offended since? by stoicfaux · · Score: 2, Insightful

    So, why do we impose the heaviest sentences for murder, regardless of circumstance, heavier than those crimes that indicate a far more sociopathic personality, if the justice system is first and foremost about protecting society and its interests?

    Eh? "Regardless of circumstance?" Circumstances are why we have 1st, 2nd, and 3rd degree murder, manslaughter, criminally negligent homicide, not guilty by reason of mental defect, and so on. Even then, the state can decline to bring charges, a plea bargain can be made, immunity given for help in prosecuting other crimes, a jury of our peers can choose to give a 'not guilty' verdict, and the governor/president can issue a pardon or commute the sentence. Society can even ignore murder if it chooses to (such as lynchings.)

    On the long list of crimes ranked by recidivism rates, murder ranks very near the bottom. Except for the few sociopaths who see murder as acceptable means for financial or personal gain, and the even fewer number who kill to indulge a predatory instinct or because it's just fun for them, the vast majority of murders are very obviously one-time affairs.

    It sounds more like rapists and other predators should be given life sentences, or otherwise removed from society in much the same way that murderers are. However, if the penalty for rape and murder are the same, then rapists might as well kill their victims.

    How do you determine if a murderer won't murder again? If/when you're wrong, then that's another life lost. Society isn't in the mood to trust someone who committed the ultimate crime of taking a life.

    And as others have stated, there's no way to undo, fix, or survive a murder, hence the harsh punishment.

    (Bracing for the bitchslaps...)

    Criticism and/or civilized debate are not equivalent to being bitch slapped, so don't play the martyr. Justice systems have been evolving for thousands of years and their workings have been analyzed, discussed, and debated by many minds greater than you or I.

  35. wasn't it created for catching terrorists? by twms2h · · Score: 4, Interesting

    Hi,

    if I remember correctly the department of homeland security was created to fight dangers for the national security, that is terrorists. How does a database of Americans fit into this? And why was it used to catch a fugitive prisoner - no matter whether she was was acutally a murderess or not? What's next? Catching people for speeding?

    twm

  36. Re:Murder = OK? Are you kidding? by smidget2k4 · · Score: 2, Interesting

    Privacy.

    A huge government database full of your SSN and other personally identifying information (Lexis-Nexis, anyone?), including relative's names, former names, former SSNs, birthday's you've listed, jobs you've worked at, places you bank with... list goes on and on.

    I don't know about you, but having all of that information readily available and consolidated in one place seems like a dangerous thing to me, and would violate my privacy.

  37. Re:Murder = OK? Are you kidding? by jimicus · · Score: 2, Insightful

    interesting thinking to claim that murder is somehow forgivable.

    Excuse me while I play devil's advocate here - am I to understand that your point of view is that life imprisonment should mean life?

    Because if not, then the idea that society should never forgive a murderer to my mind implies that anyone who is let out of prison after serving such a term should never be able to find work, should be denied even the most basic of social housing or benefits and should essentially have no choice but to wind up living as a tramp, wandering the streets, drinking methylated spirits and shouting at people who aren't there.

  38. Re:Murder = OK? Are you kidding? by nEoN+nOoDlE · · Score: 2, Insightful

    Prison is supposed to be used as a reformation tool. She escaped and has lived a criminal free (ie: reformed) life ever since. So what is the good of locking her up right now going to do? Reform her some more? Murder might not be forgivable (unless you have the money and power) but locking her up won't bring the dead guy back. It will only cause more strife in this world, since her husband will lose his wife, her children will lose their mother, and her grandchildren won't know their grandmother, and she's gonna die in prison. What a solution!

    --
    Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
  39. What concerns me most... by Colz+Grigor · · Score: 2
    What concerns me most from this story has nothing to do specifically with the crime or the convict, but with the method that DHS used to make the connection. From this article, it is reasonable to suppose that DHS is performing very complicated analysis to investigate every innocent person they know about with every other person. Ostensibly, Linda Darby was "innocent" until they made the connection that she was originally Linda McElroy. The article suggests that the use of a similar SSN and DoB were the primary means for making the connection. If this is the case, what DHS is doing is unjust and probably unconstitutional. Treating every person as a suspect is a step in the wrong direction.

    What I suspect actually happened is that Linda Darby needed to provide her SSN on some application for something recently and since identity theft has become a major problem over the last decade the agency that took her application found that the SSN belonged to multiple people and forwarded the information to the FBI for possible criminal investigation. This would automatically make Linda Darby a suspect for a crime which would justify the DHS trying to figure out who actually belonged to the SSN in question and who didn't, eventually giving DHS a justification for attempting to make a connection between Linda Darby and Linda McElroy. But the article doesn't go into this sort of detail and probably should.

    ::Colz Grigor

  40. Re:Murder = OK? Are you kidding? by alexq · · Score: 2, Insightful
    So basically you are saying murder is OK. Wow. Innocent until proven guilty but that takes some really... interesting thinking to claim that murder is somehow forgivable.

    There are two arguments for prisons: punitive and preventative.

    Regarding the second, preventative, it is fairly clear that locking this woman away would not prevent any further crimes - she has not done anything in criminal (apparently) in over 30 years. There would be societal benefit to putting her away.

    Further, if she IS innocent and wrongly charged (as she claims), then there's no reason to put her away at all. If she is guilty, she has proven that it was a mistake that she will not repeat, so no one is in danger because of her being free.

    Regarding the first, purely punitive, then you are right, but I would argue that punitive prisons are a backwards notion that does not serve society in any way - this is essentially societal revenge, which does not sound like a reasonable way for society to exist. There is such a thing as forgive and forget - but ONLY if it is clear that the person will not do it again. People make mistakes, people can get crazy, and people can be wrongly tried. If it's clear that the person is no longer a threat to society, then (this is not a rhetorical question) what is the point of locking them up? Who does it benefit?

  41. Considering... by Mad-cat · · Score: 2, Insightful

    Considering she hasn't killed anyone in the time she's been out, I think they should consider the possibility that she is not a danger to society and change the conviction to manslaughter with credit for time served.

    Good job. We caught her. Now let it drop.

  42. Re:Murder = OK? Are you kidding? by LilGuy · · Score: 2, Interesting

    Why isn't it called murder when the president slaughters people? Every single president we've had has killed at least 1 person. Yet they roam free and give speeches and get applause.

    That's a hell of a double standard there.

    --

    You're nothing; like me.
  43. Re:Murder = OK? Are you kidding? by Alascom · · Score: 2, Insightful

    >Why isn't it called murder when the president slaughters people?

    Because most rational and intelligent people understand the difference between killing and murder. Sorry you don't have the intellectual capacity to fit into the rational and intelligent category.

    If I terminate your life while you are attempting to shoot children on a playground, that is killing in defense of others.
    If I terminate your life because you are suffering horribly from terminal cancer, that is killing for mercy.
    If I terminate your life after buying a big life insurance policy on you, that is murder.

  44. Re:being falsely imprisonment is not OK either. by Alascom · · Score: 2

    >So how sure are you that she's really guilty?

    Sure enough to know that a Judge and jury listened to all the evidence and returned a guilty verdict. Sure enough to know that she felt 'escaped convict' offer a better chance to her than an overturned conviction through the appeals court...

    But since you read an article summary, I am sure you understand the facts better than the jury that convicted her.

  45. Re:Murder = OK? Are you kidding? by Anonymous Coward · · Score: 5, Insightful

    Actually, she doesn't deserve to be in jail.

    You may think I'm crazy for saying that, of course, but I'm not a fan of the retributive concept of "justice" that countries like the USA use. For me, prison has two functions, and none beyond these: 1) keep society safe from those criminals who're actually dangerous; 2) reeducate criminals for the purpose of enabling them to function as productive members of society again.

    Now look at this case. 1) Is it necessary to put her in jail to keep society safe? No; she's been living for 35 years without doing anything, and possibly never was a threat at all, depending on whether she was indeed rightfully convicted or not (something I naturally can't comment on). 2) Is is necessary to reeducate her? No; she's already become a productive member of society again.

    Therefore, putting her in jail is counterproductive and wrong - QED. Unless, of course, one believes in using prison to take revenge on people, but that's not something I do (although I do realise I'd probably be in the minority if I lived in the USA).

  46. Re:False Positives by Bloke+down+the+pub · · Score: 2, Informative

    Dude, fingered means arrested.
    No it doesn't, it means to put suspicion on someone. Like, to point the finger. Getting lifted, nabbed or collared means arrested.
    --
    It's true I tell you, feller at work's next door neighbour read it in the paper.
  47. additional punishment for breaking out by nurb432 · · Score: 3, Interesting

    Last time i looked, in Indiana, yes there is additional punishment for escaping.

    Oddly enough, this woman led a seemingly normal crime free life for 35 years. Perhaps she was innocent in the beginning like she claims, as its really hard for a criminal to go cold turkey.

    --
    ---- Booth was a patriot ----
    1. Re:additional punishment for breaking out by Wolfrider · · Score: 3, Insightful

      --In other words: If we judge this on a case-by-case basis, there is NO "benefit" to putting a stable Grandma in prison after 35 years of crime-free existence. It would undoubtedly be more of a tragedy for her children and grandchildren if we tried (not to mention her husband.)

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  48. Re:Murder = OK? Are you kidding? by hokeyru · · Score: 2, Insightful

    3) Deterrence.

  49. Re:Has she offended since? by leereyno · · Score: 2, Insightful

    I really do have to disagree with you about theft, robbery, and burglary. Putting the people who do those things in jail prevents these things from being done by those people. The fact that the UK does not do this is a big part of why your crime rate is so high.

    My wife is from the UK, and the stories she's told me about burglaries, assaults, robberies, etc over there was almost more than I could believe. I live in Phoenix, AZ which is an area of some 5 million people. I don't even remember the last time I heard of someone being burglarized. It happens of course, my point is that it not such a common phenomena that you hear about it happening to anyone you know. No one I know has ever been burglarized to my knowledge, certainly no one in my family. Meanwhile among my wife's family back in Stoke there have been three different burglaries in the past 6 years. Nearly everyone in her town has a burglar alarm, which here are only used by people in wealthier areas, who actually have something worth enough to attract a burglar.

    At the end of the day the main reason why burglaries are so rare here is because the life expectancy of a burglar is pretty short. Breaking into someone's house is a good way to get shot. Burglar alarms are uncommon here, but firearms are not. Even a .22 can ruin someone's day, not to mention a pump action shotgun.

    When these sorts of criminals are caught here, we send them up for several years at a time. This keeps them off the street, thereby preventing them from committing more crimes. If they are smart they change their ways and stop being criminals. If they are not smart we have a 3-strikes law in this state the results in a life sentence upon their 3rd felony conviction, making crime a very self-limiting occupation.

    I do agree that sending drug USERS to prison is a waste all around. It wastes my money as a taxpayer locking up someone who should not be there. It wastes the state's resources keeping someone locked up when actual criminals could be kept there instead. And it wastes the life of someone who has committed no real crime. While smoking weed is a stupid waste of time and a somewhat self-destructive activity, it is not a crime. It is merely illegal. You damage yourself by doing it, but then that is your right as a free person. It is not the job of the state to protect citizens from themselves. Down that path lies tyrany. The state is invested with the power and authority to prosecute and punish those individuals who violate the rights of other individuals, as defined by law. Drug use violates no one.

    The truth is that most drug laws have very little do to with drugs, and everything to do with the kinds of people that society imagines uses certain drugs. Marijuana is illegal not because of any harm it does to an individual or to society, but because of the public's perception of the kinds of people who use it. The term "pothead" does not invoke images of a successful person. Instead it brings to mind images of a dysfunctional person, the kind of person that most people wish would go away. Drug laws are an attempt to outlaw certain types of people that the rest of society disapproves of. This does not work of course, but there you have it. This is why the laws against these drugs are on the books and enforced. Any mention of legalizing these drugs is interpreted by the public as creating more of these unsavory characters. Soccer moms don't want more potheads and so the drug that is associated with them stays illegal. In the meantime people are arrested and incarcerated because of who they are, namely potheads. Their identity has been tied to a particular substance. The prohibition of it is a prohibition of them. If they're stupid enough to go around looking like potheads then sooner or later they're going to get done up for it.

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  50. Foreign Reporting Desk? by donak · · Score: 2, Funny

    I don't understand how it is that we get a story like this, set in Middle America ... reported by an English newspaper. Isn't there something just a little suspicious there? Or is it just too small a story for the USA papers to bother with? Or is Dept. of Homeland Security controlling the US press ... back in a minute, there's a knock at the doo .......

    --
    Don't blame me, it's usually 2 in the morning when I post ...