Correct Injustice With Fairness!!!
The Issue
A petition on David Manning's behalf to the offices of Governor Pritzker and Cook County State's Attorney Kim Foxx
In recent years Illinois lawmakers have passed extensive corrective legislation to address some of the most devastating and unjust legal practice.
This legislation like most sentencing reform legislation in Illinois was not retroactive. "When the legislature passes corrective measures, but fails to apply them to those currently incarcerated you can literally point to the people who are in prison unjustly right now."
Meet David Manning D.O.C. #:M36832, currently incarcerated in Pinckneyville Correctional Center. David is a first time offender, more importantly he is a father, son, brother, and friend to many.
In 2010, a then 19 year old David was charged, and later convicted and sentenced to 20 years for committing aggravated battery with a firearm.
This all stemmed from a reckless decision in a senseless family feud.
Under Truth-in-sentencing David is required to serve 85% of his time. He unfortunately is not afforded the opportunity to earn good time credit or the possibility of a parole hearing.
Sentence lengths were long enough to serve the ends of justice prior to truth-in-sentencing laws/provisions and in 2019 Illinois legislature changed the law in that spirit.
The State of Illinois made the classification of emerging adults equal to those of juveniles making a person under 21 years old at the time of their offense eligible for parole after 10 years. However this was only if the individual was sentenced after the law (730 ILCS 5/5 4.5-110) took effect.
If sentenced by today's standard David would be eligible for parole now, rather than after the 17 years required of his 20 year sentence under truth-in-sentencing.
Recent changes in the law no longer make Truth-in-sentencing a requirement because the penological objective will still be satisfied if people like David aren't required to serve the Truth-in sentencing aspect of their sentence.
(The Illinois Constitution embodies our evolving social standard of decency stating "as our society evolves, so do our concepts of elemental decency and fairness which shape the moral sense of community.")
If the objective of reform is to restore individuals in custody to useful citizenship, then we should not hold them to laws and concepts that have changed.
David understands the mistake he has made as a result of his actions. He has used this time to self-reflect and to better himself for his children, family, and community for years without incentives.
He's shown propensity for rehabilitation by pursuit of education, employment, and rehabilitative programs, instead of sitting idle until his release date comes, as Truth-in- sentencing would suggest.
David would like to be included in the opportunity and privilege to be considered for parole or resentenced to reflect the good time credits that his efforts have and will continue to earn.
We, as his support system, strongly believe it is worth considering. We are asking for fairness for those that have been neglected under the effects of the outdated Truth-in-sentencing provisions.
Current corrective measures in the legislature create a double-standard allowing the date a person committed their offense to be a determining factor in restoring citizenship.
These corrective measures are inconsistent with the Illinois Constitution's evolving standard of decency.
The laws should have been reformed to extend its privileges to all those who fit its criteria regardless of chronology.
This calls for the Offices of Governor Pritzker and/or Cook County State's Attorney Kim Foxx to exercise their powers to address this injustice; through Executive Clemency or the Cook County State's Attorney Office Resentencing Initiative.
We need your help in support of consideration to give David and others like him an early release and a chance at redemption.
With this petition we hope to spread awareness throughout our communities for securing fairness in the law and its reforms.
Thank you.
Petition Closed
The Issue
A petition on David Manning's behalf to the offices of Governor Pritzker and Cook County State's Attorney Kim Foxx
In recent years Illinois lawmakers have passed extensive corrective legislation to address some of the most devastating and unjust legal practice.
This legislation like most sentencing reform legislation in Illinois was not retroactive. "When the legislature passes corrective measures, but fails to apply them to those currently incarcerated you can literally point to the people who are in prison unjustly right now."
Meet David Manning D.O.C. #:M36832, currently incarcerated in Pinckneyville Correctional Center. David is a first time offender, more importantly he is a father, son, brother, and friend to many.
In 2010, a then 19 year old David was charged, and later convicted and sentenced to 20 years for committing aggravated battery with a firearm.
This all stemmed from a reckless decision in a senseless family feud.
Under Truth-in-sentencing David is required to serve 85% of his time. He unfortunately is not afforded the opportunity to earn good time credit or the possibility of a parole hearing.
Sentence lengths were long enough to serve the ends of justice prior to truth-in-sentencing laws/provisions and in 2019 Illinois legislature changed the law in that spirit.
The State of Illinois made the classification of emerging adults equal to those of juveniles making a person under 21 years old at the time of their offense eligible for parole after 10 years. However this was only if the individual was sentenced after the law (730 ILCS 5/5 4.5-110) took effect.
If sentenced by today's standard David would be eligible for parole now, rather than after the 17 years required of his 20 year sentence under truth-in-sentencing.
Recent changes in the law no longer make Truth-in-sentencing a requirement because the penological objective will still be satisfied if people like David aren't required to serve the Truth-in sentencing aspect of their sentence.
(The Illinois Constitution embodies our evolving social standard of decency stating "as our society evolves, so do our concepts of elemental decency and fairness which shape the moral sense of community.")
If the objective of reform is to restore individuals in custody to useful citizenship, then we should not hold them to laws and concepts that have changed.
David understands the mistake he has made as a result of his actions. He has used this time to self-reflect and to better himself for his children, family, and community for years without incentives.
He's shown propensity for rehabilitation by pursuit of education, employment, and rehabilitative programs, instead of sitting idle until his release date comes, as Truth-in- sentencing would suggest.
David would like to be included in the opportunity and privilege to be considered for parole or resentenced to reflect the good time credits that his efforts have and will continue to earn.
We, as his support system, strongly believe it is worth considering. We are asking for fairness for those that have been neglected under the effects of the outdated Truth-in-sentencing provisions.
Current corrective measures in the legislature create a double-standard allowing the date a person committed their offense to be a determining factor in restoring citizenship.
These corrective measures are inconsistent with the Illinois Constitution's evolving standard of decency.
The laws should have been reformed to extend its privileges to all those who fit its criteria regardless of chronology.
This calls for the Offices of Governor Pritzker and/or Cook County State's Attorney Kim Foxx to exercise their powers to address this injustice; through Executive Clemency or the Cook County State's Attorney Office Resentencing Initiative.
We need your help in support of consideration to give David and others like him an early release and a chance at redemption.
With this petition we hope to spread awareness throughout our communities for securing fairness in the law and its reforms.
Thank you.
The Decision Makers
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Petition created on September 9, 2022