From time to time various fads and trends and myths circulate among our jail population (as I'm sure they do in every jail population). One of the most fervent and recurring beliefs among those who have pending felony charges is that a prison sentence for an odd number of years is far better than a prison sentence for an even number of years. This is such a strongly held belief that I've even heard it said that some would be willing to take the higher odd number over the lesser even number, i.e., a 9 year prison instead of an 8 year sentence.

Like many things that are held as truths by criminal defendants, this sounds preposterous. But this comes up so often that I'm curious to know its origin. Does anyone know? Or is this total poppycock? You know, like the law that says undercover cops must truthfully identify themselves to drug dealers when asked. I don't think I'll find the answer on Snopes.

Who knows what they are thinking? Many years ago I was doing a jail run and had a case where the DEF was habitual. I had put a 25-year offer on the case pre-indictment. I gave the file to the defense attorney and tell him the offer is 25. He goes back into the holdover. About 15 minutes later the attorney comes over to me and says "My guy doesn't want the 25, he wants 26." Of course, I ask why? The attorney told me that the DEF said if he "took the 25 the Parole Board would know he was a habitual criminal." Needless to say, I wrote up the plea papers for 26 TDC and we did the plea. You just never know what goes through their minds.

I once offered a guy 7 years in prison, he rejected my offer and said he would do 10 instead, because he might get out sooner. We put it on the record that he wanted 10 instead of 7 to protect the defense and when I asked him why he wanted 10 years he said "Just rollin' the dice."

Steve L.

In a way that kinda makes sense. With a smaller sentence you are more apt to do the full streach.

No you're not. It makes no difference whatsoever.

In the old prison folk song, "The Midnight Special" the line goes, "Oh let the Midnight Special, shine her light on me, oh let the Midnight Special, shine her ever lovin' light on me!"

I understand this line came from prison lore that claimed that if the headlight of the Midnight Special--a train that left Houston, and ran by the Sugar Land Unit of the TDC--shone on an inmate, that he would soon be getting a pardon.

The problem for the inmates was that the RR tracks that run by the Sugar Land Unit are straight as an arrow. Because the train doesn't make a turn there, there is no way the locomotive's headlight could ever shine on an inmate inside the Sugar Land Unit.

Which, come to think of it, may be the reason so few prisoners in Texas ever get a pardon.

I guess that's why they call it the blues.

I have been told that inmates would sometimes take more time back during the height of the overcrowding crisis in order to get in to TDC. So I was told, 10 years might get you to TDC where you could earn 3 for 1 good time and get out sooner than if you had 7 years, stayed in county, and did not earn 3 for 1. I once litigated a writ where an inmate did this but did not factor in the prison building spree. His stay was somewhat longer than planned. He was one of those guys who was smart enough to make an honest living but not smart enough to stay out of jail as a criminal.

The Lizard Man is innocent!

It was my thought that the purpose of art. 42.03, sec. 4 was to allow TDCJ to give exactly the same amount of good conduct time as if the defendant had been in prison, so that it really made no difference when the transfer of custody took place. Is that not right?

Martin, I don't know. This was an '80's case I dealt with in the mid '90's, and I have no idea what the applicable law was when the fellow pleaded. But the writ master, defense lawyer, and defendant were all in agreement that people pleaded out like that during the overcrowding days. It seemed bizarre to me at the time.

That section you talked about is probably something related to the consent decree on the counties versus the state lawsuit.

The Lizard Man is innocent!

John, at the height of the prison over-crowding, in the late 80s, I understand most inmates did approximately 12 to 1, not 3 to 1. Those were the days when Texas was really "Smart on Crime." After the state got "stupid on crime," and started building prisons left and right, the crime rate dropped about 40 per cent.

I recall one guy who negociated for a few more years because he needed a lot of dental work. If he was just doing 3 mos. actual time, he figured they wouldn't bother with his teeth, but if he had to do 4 or more mos., then they'd send him to the medical unit in Galveston, and just about the time he got all his teeth fixed up, it would be time for him to go home.

The ones that I've had take greater sentences have always opted for the even number with the idea that they would serve longer on an odd sentence. I couldn't ever get an explanation from defense counsel as to what the defendant was thinking. Maybe they figure that parole officials enjoy dividing into whole numbers rather than fractions and remainders? The "easy math" principle of parole law?

I also had a guy take 14 years TDC rather than the 13 that I offered because 13 is unlucky.

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Originally posted by Jeff Swain:
I also had a guy take 14 years TDC rather than the 13 that I offered because 13 is unlucky.

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People are crazy about 13s. Just wait until tomorrow, Friday the 13th! (Of course, I was born on Friday the 13th, so that probably explains a lot about me...)

I had a defense attorney push me for an odd sentence once and said it was so he'd look better to his client, like he'd really fought hard to get the sentence brought down.

My 13th birthday was Friday the 13th, and it was a full moon night. What does *that* say about me?

(holy cow...I just realized that this post...is the 13th reply of this thread!!!!)

[This message was edited by Gretchen on 06-12-08 at .]

[This message was edited by Gretchen on 06-12-08 at .]

quote:

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Originally posted by Gretchen:
My 13th birthday was Friday the 13th, and it was a full moon night. What does *that* say about me?

(holy cow...I just realized that this post...is the 13th reply of this thread!!!!)

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Uh-oh, everyone avoid Gretchen!!!


I can't quite top that, but I'll try. My dad asked my mom out for their first date on Friday the 13th. The doctor that delivered me was born on Friday the 13th . . . and died on Friday the 13th.

Oh, and my birthday's in October, which is just a spooky month, full moon or not.