Answer to a question regarding "Materially False Information"

Regarding the following essay by Jason, I have been asked a very reasonable question regarding the premise since Jason obviously did the deed.

 

The lesser part of second degree murder is 'crime of passion' murder in Colorado. I think in Maine it is 'crime of passion' manslaughter instead of second degree. Different states write the law different. States have the right not to follow federal guidelines on sentencing.  The big difference is a 20 year less sentence, 28 rather then 48 years under mandatory minimum in Colorado. I haven't studied other states mandatory minimums but I believe CO ranks as having one of the highest sentencing structures as well as the lowest offerings of "good time."

 

There are facts not mentioned in the essay such as, Jason had been paralyzed by Guillian Barre while in the Air Force and his ankles never fully recovered, he could bicycle but not jog, Marc was 6’4” and weighed 235 lbs, Jason is 5’ 9” and weighed 180 lbs…I think if all of part I, plus additional facts had gone before a jury there is a chance they would have gone with crime of passion which is why I think the DA offered a plea for the first time in 10 years on a homicide.  The prosecution games for the highest amount of years it can get.

 

This was all known by Ms. Hay and she should have bargained for “crime of passion, or at least the lesser amount of years.  That extra 20 years is going to cost Jason and his family dearly, emotionally and financially and the tax payer an extra $1,200,000 as Jason is now entering the later part of his life.  It is 60 to 90 thousand dollars a year to incarcerate the elderly.