05 September 2003
In Iowa it is considered torture to make someone watch a video tape of you making threats against her. Thus the test is mental anguish rather than physical pain.
Apparently this is important because Iowa requires torture for a 1st degree abduction conviction. In Virginia we don't mess around with degrees (outside capital cases). On the one hand, that makes the law much simpler and it is easier to determine whether or not your client falls under a certain statute. On the other hand it means that your client who grabbed his ex-girlfriend's arm and dragged her two feet before he dropped his grip and walked away will receive the same sentence recommendation as the guy who tied someone up and held that person for ransom for a month. Of course, the judge doesn't have to follow the recommendation . . .
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