Bill Cosby Sentencing: all your questions, answer

When Bill Cosby was handcuffed from the Montgomery County Courthouse outside of Philadelphia after being sentenced to three or ten years in prison for three counts of sexual assault, the people naturally had many questions. While the actor is waiting for his appeal, which could shorten his sentence, we watched what was going on in this famous case, how long Cosby will stay behind bars? .

What was Cosby's real trouble?
Cosby was sentenced to three or ten years in jail for all three convictions for crimes.

How long has Cosby really been?
Cosby could serve from three to ten years. The sentence was passed yesterday by Judge Steven O'Neill at the Montgomery County Courthouse outside Philly. Initially, Cosby was facing a maximum of 30 years (10 years for each count), but the prosecution and defense successfully negotiated all three charges in one, in the interest of a speedy conviction. . The charges in which he was sentenced are punishable by imprisonment in the state.

In rendering his decision, the judge probably took into account the age, health, criminal history and recommendations of the state. The state stated in sentencing that Cosby should be considered a "dangerous sexual predator" and that, if given the opportunity, he would be at risk of committing a new offense.

Until yesterday, Cosby had been under house arrest with a $ 1 million bail.

What is the statue of limitations to sexual assault?
In Pennsylvania, a person who alleges sexual abuse of children is usually up to 30 years old to bring a civil action. For rape or sexual assault, an accuser has two years from the date of the injury to bring a civil action.

In the criminal court, a sexual offense against a minor can be prosecuted until the accuser reaches the age of 50. In all other cases of sexual abuse, there is a 12-year limitation period.

In Cosby, Constand's assault in 2004 was justified only by the state limitation period. Each state has different status and several states have eliminated the statutes together.

What happened when Cosby left the courthouse yesterday?
Cosby, handcuffed, was taken by Montgomery County Court House sheriff's representatives to the Montgomery County Correctional Facility, where he was formally treated as an inmate.

What happened when he arrived in prison?
In the county jail, Cosby was reportedly asked to hand over all personal items (such as jewelery, keys, wallet and even shoes). He was also wanted for any illegal or dangerous article. His joke was also taken.

Has he been the subject of a strip search?
Probably. All new detainees undergo regular body inspections to ensure that they do not bring weapons or contraband into the oral or anal cavities. In the case of Cosby, he was searched by a police officer before being equipped with a regulatory suit. There have been problems in the past where celebrity detainees have not been subjected to the same treatment as other inmates.

What happened next?
Then Cosby was subjected to physical and psychological examinations. One would expect a medical assistant at the facility to take Cosby's blood pressure and question any medical condition. He would also be asked a series of questions to assess his psychological state, namely, whether he is suicidal. He would also be fingerprinted at that time before being taken to a prison cell where he would spend his first night.

Does he share a cell with someone?
Probably not. Because Cosby is a celebrity, he will likely be placed in a single cell while he is waiting for the transfer in the next few days. If he is determined that he is depressed or may pose a threat to himself, he could be placed under suicidal supervision.

What is suicide surveillance?
Suicide-monitored inmates are monitored continuously or frequently by a warden, prison officer, or other security personnel at the institution. For most people, this simply means being lodged alone in a cell without any potentially threatening elements and with ongoing periodic checks. It also means that anything that could be used to hurt oneself would be carried away (like laces, sheets and even underwear).

How long will Cosby stay in the county jail?
According to TMZ, Cosby has already been transferred from the county jail directly to a maximum security prison in Schwenksville, Pennsylvania, where he should remain for the duration of his sentence. Another photo of Cosby was taken in Schwenksville. He also received the detainee number of NN7687.

Why was he sent to a maximum security prison?
The decision to incarcerate Cosby in a maximum security institution is somewhat surprising. Most older offenders like Cosby are sent to Laurel Highlands, the same correctional facility where Jerry Sandusky, George Feigley and Ira Einhorn are or have been housed.

According to Nellie Fitzpatrick, a crime lawyer in Laffey, Bucci and Kent in Philadelphia, "all inmates are transferred to a shelter and most are assigned to another institution to serve their sentence." less than 24 hours.

Prior to her transfer, Cosby should have been assessed for her level of danger, her health and her age. According to Mr. Fitzpatrick, much of the decision would have been related to the danger of a person serving a sentence in a state correctional institution. Many factors such as age, disability, mental health needs, notoriety, gender expression and sexual orientation have a major impact on the assessment of safety of each prisoner. "Institutions have to assess every prisoner and work to ensure their safety during their incarceration," she says.

The maximum security institution where Cosby was transferred is home to some of the most violent offenders in the state. The prison, according to TMZ, currently has 3,830 beds.

Will Cosby share a cell with someone else?
It is always possible for an inmate to spend time in a cell with another inmate or several inmates. "The assignment of Cosby's housing should be based solely on what correctional staff deem necessary to keep him and all other inmates safe and healthy," says Fitzpatrick. "Cosby will likely have some level of interaction with other inmates because complete isolation is not an acceptable form of incarceration. Again, who and how Cosby interacts while he is serving his sentence will be governed by safety and health issues.

Being housed in a maximum security facility, it can be difficult to interact freely with inmates. It may be that he has a chosen inmate to help him adapt to this new arrangement. As Cosby is legally blind, he may need additional help from inmates or staff.

How long will Cosby be served?
It depends on many factors, including his behavior during incarceration, his health, and his age. Most legal experts predict that Cosby will serve at least three years from three to ten years. After three years, he will be considered for parole, provided he has been a model prisoner. If he has serious health problems, these can also be taken into account before the end of the three years, although sick and dying inmates usually remain incarcerated in a medical treatment unit. Being elderly and sick does not necessarily mean that an inmate will be released early.

Could Cosby be released on appeal?
Sure. Cosby's defense team has already appealed the verdict since yesterday and will likely be in court soon (perhaps even in the next 10 days) to argue that Cosby was unjustly incarcerated. Technically, the lawyers could not appeal the conviction until their client was convicted, and they did it quickly. In the Palestinian Authority, the court is required to rule on motions submitted after the sentencing within 120 days. After the decision, the defendant still has 30 days to appeal.

What we can expect next is that the court of appeal, essentially a court that reviews possible errors during the trial, will consider all the objections raised by the defense. In this case, the defense submits that the evidence in the Cosby case was falsified, in particular a conversation recorded between Cosby and Constand's mother. The defense argues that the registration was carried out illegally and may have been changed. They also question the legality of such registration without the consent of all parties.

Whatever happens, Cosby will remain in jail for the duration of the appeals process.

Is this the same call as Cosby's wife, Camille, does?
Yes. In a statement by Camille Cosby, read yesterday on the steps of the courthouse, she accused prosecutors of ignoring fears that her husband's registration was falsified and / or altered. She said unequivocally: "Montgomery County D.A. used falsified evidence. "

Does she actually have one leg to stand up?
It's difficult to determine at this point. If the defense can prove that the audio recording in question was falsified and (this is the key) that it constitutes an unfair advantage for the prosecution, it could be successful. But they will have to prove that the recording had a direct impact on the unanimous decision of the jury. It's not an easy thing to do, but defense lawyers certainly did a lot less.

What happens if Cosby dies in prison?
As Cosby is 81 years old and will serve a sentence of at least three years, it is certainly possible that he will die in jail. If this happens, an autopsy is likely to be performed. The state would like to determine if the detainee died from natural or unnatural causes. It would then be up to the deputy director or chaplain to inform the family of the death of their loved one.

There would also be a report submitted by a doctor to the family, who would be allowed to claim the body or have it sent directly to a funeral home. If no one claims the body, some prisons have cemeteries or storage facilities. In this case, a body is usually returned to be cremated and either buried or stored until a family member or friend wants to claim the remains.

How are celebrities usually received in prison?
As everywhere else, celebrities generally have an unfair advantage in prison, starting with the fact that they usually receive a cell. For security reasons, they are usually far removed from the hardest and hardest inmates of the population.

It is not uncommon for other inmates and even prison staff to be attacked when a man as famous as Cosby presents himself. Other celebrities who have served time have admitted to being treated a little better than most. They certainly have their choice of the commissioner.

Having more attention as a celebrity can sometimes be beneficial behind bars, especially when it comes to getting urgent medical care. Because of his fame, all eyes will be on him. The guards will probably ensure that nothing happens to their famous inmate under their supervision, whether by natural or abnormal causes.

The disadvantage for anyone, including Cosby, is that inmates convicted of sexual assault are not always favorably considered by other inmates (it's even worse for pedophiles and serial killers ).

Cosby could potentially find supporters in prison – his fame and his money will go a long way in making new friends. When Martha Stewart was incarcerated, she got to know her fellow prisonmates and even gave mentoring and cooking classes. For her part, Cosby could either stay alone, or enjoy her fame by entertaining and even mentoring other inmates. Like everyone else, he will need human interaction. And as a star, he will probably want an audience.