Re: Legal authority for a court to order tattoo removal?...

"thesak" <don.saklad@xxxxxxxxx> wrote:

What legal authority is there for a court to order
tattoo removal?... in regard to the news story at

http://www.boston.com/news/local/massachusetts/articles/2006/08/26/unusual_sentence_in_racial_attack/
http://news.google.com/news?hl=en&ned=us&q=spaulding

The sentence in the case referred to was not ordered unilaterally by
the court and, instead, arose from negotiations between, on
defendant's behalf, knowledgeable and sophisticated defense counsel
and the prosecutor which then resulted in a basically mutually agreed
to recommendation to the trial judge who had earlier indicated that,
in the abssence of defendant's knowing/voluntary consent to a
basically negoitated disposition which would include the removal of
the racist tatoos in question following conviction for very serious
assualt with racist overtones, the trial judge was considering
sentencing the defendant to hard time of perhaps more than two years
in the state penitentiary as all parties conceded would have been a
lawful sentence in the circumstances.

Whatever might be interest in the open-ended query as posed above, a
more accurate question insofar as actually relevant to the cited case
therefore might be, What if anything is criticizable about a court
sentencing a defendant facing such jail time to probation instead
when defendant himself pleads for probation conditions of which would
include also by agreement that defendant will have the racist tatoos
in queston removed and also participate in mutually agreed counseling,
etc.?


.

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