Injustice

I'm not much on posting activism blogs, but a very timely dream last night about my friend Janet Danahey made me want to scribble down a little something. It has been 5 years since Janet was locked away.

Her sentence: life without parole.
Her conviction: 4 counts of first degree murder.

I will post a link, for those of you who are interested in reading about the story, so I'll not go into the details. The skinny of it is that she played a prank that got out of hand. She ignited a box of christmas decorations and a futon on the patio of an ex-bf's apartment early in the morning on Feb 15, 2002. The fire got out of hand and the entire apartment building burned. 4 young people died. Because of North Carolina's Felony Murder Rule, according to which if someone dies while you are in the act of committing a felony (in this case, arson), then you are automatically charged with 1st degree murder for the death of the person, Janet was convicted of 4 counts of first degree murder.

The Felony Murder Rule ties the hands of judges who might otherwise attend to particular facts about the case, e.g., that the deaths were *not* premeditated, that Janet was a university graduate who was active in the community, etc.

Recently there was a similar case at Seton Hall University where two undergraduates, also playing a stupid prank, set a fire that got out of hand. 3 people died. 1 was badly burned. I should also add that there is a Felony Murder Rule in New Jersey, where Seton Hall University is located.

Their sentence: 5 years a piece with possibility of parole in 16 months.
Their conviction: arson (murder charges were dropped)

Whose sentence is unjust? Whose conviction is the appropriate one? Are either just or appropriate? Should not comparable wrongdoings receive comparable punishment? Janet is no more of a murderer than these two men. Granted, 16 months seems a bit on the lean side of a sentence, but life without parole for someone who is a first-time offender and who did not intend to harm anyone seems especially egregious.

Janet's Case

Seton Hall Case