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Hans Reiser Gets Sentence of 15-To-Life
mallumax writes "Hans Reiser was today handed a prison sentence of 15-to-life for murdering his wife. Earlier this year, he pleaded guilty and led police to his wife's body. His jury trial concluded in April with Reiser's first-degree murder conviction. That carries a 25-to-life term, but the authorities, in a backroom deal, later offered him 15-to-life if he produced his wife's body and waived any rights to appeal his conviction."
Several other readers contributed coverage at SFGate.
I understand that it was probably in everyone's best interest to produce Nina's body, but I can't help but feel that Hans was essentially rewarded for hiding it so well. His sentence was reduced from 25-to-live to 15-to-life just for leading police to where he buried her.
Still, glad to see this soap opera is over.
Most interesting to the geek community is this: What are the terms of his imprisonment? 1) Will he have fairly regular internet access? 2) Will he be allowed to type...perhaps code some? 3) Inmates are regularly allowed to read all they want and take skills courses and learn new crafts...does this extend to a geek's leanings? With one's wife already gone...one would have a great deal of peace coding...especially if all your meals were provided at regular times and you were guaranteed a fairly clean set of sheets to sleep on. While I do not advocate killing anybody...it does have advantages if you were a hardcore geek. It would be like college, except without all that silly dating and learning. Just sit in your new 'dorm' room and code.
Who is this that even the wind and the waves obey Him? Surely this computer must submit also!
I just don't know what to say about this. It's sad, upsetting, and yet just at the same time. On one hand I'm happy (can that even be the right word?) to see that he repented. On the other hand, I'm frightened by the thought that he killed her over a flippant remark about taking the kids to the doctor. On one hand it's also good that he didn't get off with a 3 year sentence, yet you can't help but feel for the fact that his own arrogance got him into this trouble.
Worst of all, events like this always create ugly questions in one's mind. e.g. It's a natural reaction to assume that murders are people who would stand out as a societal misfit. Someone who you would never place trust in or respect. Yet here we have an instance of someone that I had previously respected and was even considering contacting (partly because of several pushes from acquaintances) to work out new possible uses for Reiser's filesystem.
That's a very unsettling thought. If we cannot trust even the basic morality of people who have worked hard for their measures of respect in today's global community, who can we trust?
The whole thing is just... sad.
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He could be lying about it, for example to cover up for someone else, who told him afterwards where the body was hidden. I'm not saying it's likely, but certainly it is possible. Mathematics concerns things which are KNOWN to be true, based on certain initial facts and rules of inference. "mathematical certainty" is not just saying "it's really, really likely", it is saying "it is true". There is no "beyond all reasonable doubt" in mathematics!
If he hadn't been able to produce the body of his wife then there could have been some uncertainty of his guilt. But since he did he must have been guilty, at least enough guilty for imprisonment.
If the evidence in itself was enough or not - it's another question but the court decided it was.
So in this case we should be able to call this a closed case. What we then think of the legal system is a different issue.
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
No, it isn't irrelevant, not even in the courts.
This was the original statement the GP post made:
She was going to take the kids, and she'd already gotten them Russian citizenship. He probably wasn't going to see them again until they were grown. People have breaking points. If someone pushes the right buttons enough times, they can generally be driven to kill regardless of whether their lives are threatened. The legal system takes this into account when deciding how to charge someone, and how to sentence them if they are convicted.
If he had killed her for no reason, he would be facing life in prison right now. If he hadn't rejected the initial manslaughter offer, he'd only be facing three years, because he was provoked, enraged, and did not premeditate the murder. Seriously.
luckily there are countries where this kind of barbarism is not done anymore. It is not helping to defeat violence in a society if the state itself is conducting violence and killings in the name of revenge.
How about some extra torture before killing the delinquent?
I wonder if the US will ever get out of the dark ages and ban the death penalty or if their citizens will go on to demand that this barbaric ritual of revenge can be carried out so that their low instincts can be satisfied.
He's probably guilty, but I don't like the system of offering people lower sentences for "cooperating".
If all evidence points against you, even if you're innocent, you're likely to confess to get a lower sentence. IMO, there is ABSOLUTELY NO DIFFERENCE to the inquisition, where people would confess having sex with the devil in order to get off with less (in that case only an execution, instead of days of torture followed by execution.)
Hans Reiser's carelessness with his wife's murder is typical of his carelessness with his file system design: he came up with complex arrangement to reduce his perceived risk, and focused on it to the point where all else was ignored and became destructive. Then he tried to deny that it was his fault, with contrived and obviously false claims of innocence based on how clever he was rather than the actual timelines and evidence.
Given the poor history of ReiserFS and its tendency to zero files, to lie about the availablility of files in failing hardware, or to destroy itself if you actually run the repair tools on it, why would you want him to continue to work on it?
You claim that wrongful convictions are "extreme exceptions". Do you have evidence for this? Data on wrongful convictions is difficult to obtain for obvious reasons.
I did manage to find this article which indicates that the wrongful conviction rate is somewhere in the neighborhood of 1-5%, depending on what data you listen to. That strikes me as enormously high, particularly given the huge US prison population.
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