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Old 01-19-2006, 12:05 AM   #1 (permalink)
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Couple get 9 years prison for Wendy's finger scam

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Couple get 9 years prison for Wendy's finger scam

SAN JOSE, California (Reuters) - A California court sentenced a couple to nine years in prison on Wednesday for planting a severed human finger in a bowl of chili to swindle a Wendy's fast food restaurant.

Judge Edward Davila sentenced Anna Ayala and her husband, Jaime Plascencia, to nine years imprisonment for their role in the Wendy's scam, which caused a sharp fall in sales at the third-largest U.S. burger chain.

The husband was given another three years and four months for not paying support for the five children he has with another woman in an unrelated case, giving him a total sentence of 12 years, four months behind bars.

"Greed and avarice overtook this couple and they lost their moral compass," Judge Davila said.

Davila also ordered the couple to pay almost $22 million in restitution but Wendy's officials indicted to the court they would only seek to collect approximately $170,000, representing the wages lost by employees at the San Jose restaurant where working hours were cut back after a downturn in business.

"We are very satisfied with the decision made by the judge," Wendy's spokesman Denny Lynch said.

Investigators determined Plascencia obtained the piece of finger from a co-worker who had lost the top of a digit in an industrial accident at a Las Vegas paving company. The man had turned over the finger fragment to settle a $50 debt.

Wendy's International, based in Dublin, Ohio, paid a $100,000 reward for information to help establish the source of the severed finger.

SOBBING APOLOGY

"I am truly sorry. I owe Wendy's and its employees an apology," a sobbing Ayala told the court. "Wendy's had always been my family's favorite fast food restaurant."

She called her actions "a moment of poor judgment," and told her family: "For all the shame I brought upon them I am sorry, I am so sorry."

Ayala, 40, who had been a Las Vegas resident, claimed that she discovered the finger after buying the bowl of chili last March. She complained about the experience on national television and hired a lawyer, attracting wide attention to the bizarre incident.

Ayala's attorney Rick Ehler accused prosecutor David Boyd of using the media attention to get a tough sentence. "It seems as though the prosecution tried to exert some judicial pressure through the media," Ehler said.

"I am extremely remorseful," said Plascencia, 43, who, like his wife, wore prison clothes to the hearing at which television cameras were permitted.

Plascencia's attorney Charles Kramer said the probation department's recommendation of 11 years for his client was excessive.

"I was quite surprised at the harshness of the probation department's recommendation," Kramer said. "Judge Davila going over and above that shocks me even more."

Company officials said the company lost millions of dollars as a result of the scam, and that the bad publicity still lingers. "There is still some sales impact, particularly on the West Coast," spokesman Bob Bertini said.

At one point the chain gave away free ice cream to try to lure customers back into its San Jose area restaurants.
Boohoo. She's sorry she got caught.
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Old 01-19-2006, 04:42 AM   #2 (permalink)
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The court needed to set an example.
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Old 01-19-2006, 07:34 AM   #3 (permalink)
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Jesus.

I know cases where people fucking DIED and the scumbag didn't get 9 years.

I AM NOT SAYING THE SENTENCE IS TOO HARSH... I just think that I would like to have this judge in my jurisdiction instead of the fucking pansies loafing about now.

Just goes to show you, don't fuck around with big business. They stick together in times like these. Every restaurant owner is thinking "What if she did that to me instead of Wendy's".

I have to send out another commendation to the investigative team that looked for the food service industry worker who lost the finger. When none was found, they expanded their case and looked for good ol' fashioned "Missing finger". Imagine the search results you would get if you did a national healthcare database query. Shit.

BTW, I hear they serve chili twice a week at the correctional centre. Ooooh the irony.
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Old 01-19-2006, 07:52 AM   #4 (permalink)
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justice is served.

next!
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Old 01-19-2006, 07:56 AM   #5 (permalink)
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9 years is too long. How long to most rapists get? Aren't there homicide cases that get this much time? If she ripped off you or me she'd likely get less than 9 months, hell maybe even 9 days. It's all because of the media that the case got.
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Old 01-19-2006, 07:57 AM   #6 (permalink)
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She called her actions "a moment of poor judgment,"
A *moment*?! This was planned for more than a *moment*. It's not like a Brinks truck dumped it's load of $ in front of her one day, this took planning and forethought.

And the guy who lost his finger bit turned it over to settle a $50 bet? WTF?

And lastly, yeah, confessed murderers don't get this kind of time. They should...
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Old 01-19-2006, 08:02 AM   #7 (permalink)
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Originally Posted by kutulu
It's all because of the media that the case got.

the case got media attention because she went on all the morning news shows telling her tale of woe -- she brought it on herself...
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Old 01-19-2006, 08:09 AM   #8 (permalink)
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Quote:
Originally Posted by kutulu
9 years is too long. How long to most rapists get? Aren't there homicide cases that get this much time? If she ripped off you or me she'd likely get less than 9 months, hell maybe even 9 days. It's all because of the media that the case got.
In my opinion rapists and murders don't get enough time.

In other words, most of the time justice is not served.
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Old 01-19-2006, 08:26 AM   #9 (permalink)
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Originally Posted by maleficent
the case got media attention because she went on all the morning news shows telling her tale of woe -- she brought it on herself...
So what. The fact remains that it was just a case of fraud. The punishment does NOT fit the crime.
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Old 01-19-2006, 08:32 AM   #10 (permalink)
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Originally Posted by kutulu
So what. The fact remains that it was just a case of fraud. The punishment does NOT fit the crime.
that's your opinion, I'm of the opinion that fraud should carry stiffer penalties as I do think that rapists and murders not be let off as easily as they do.

what do you feel would have been fitting? 120 days community service? 5 years probation?
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Old 01-19-2006, 08:40 AM   #11 (permalink)
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I agree that the sentence was disproportionally high. It's fine if you want stiffer penalties, but they should at least be consistent across the board. There is going to be some variability due to having so many different judges, but I think this was more of a case of the judge acting out for the media to show he's tough.
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Old 01-19-2006, 08:56 AM   #12 (permalink)
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The sentence was fine in my eyes. The woman attempted to defraud Wendy's and got caught. Her husband got even more (with other charges added) - 12 years.
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Old 01-19-2006, 09:17 AM   #13 (permalink)
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too bad she didn't help her husband steal 25 million...she could have brokered a deal that would have had her out in a year so she could take care of her kids while her husband served his sentence.

//still angered over the enron/andy fastow crap.
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Old 01-19-2006, 09:32 AM   #14 (permalink)
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yeah, this woman has my ire until I start thinking about Enron folks running around free like naked babies, not yet smart enough to understand shame.
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Old 01-19-2006, 09:48 AM   #15 (permalink)
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Originally Posted by dksuddeth
too bad she didn't help her husband steal 25 million...she could have brokered a deal that would have had her out in a year so she could take care of her kids while her husband served his sentence.

//still angered over the enron/andy fastow crap.
Exactly. She doesn't have billions in the bank so we'll make her rot in prison. Just another example of the justice system letting people off if they have enough money.

At the most, she should serve two years.
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Old 01-19-2006, 12:37 PM   #16 (permalink)
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Hell, no - she cost Wendy's serious coin, as much as if she walked into a vault and took the cash.

Just because sometimes we perceive that a murderer didn't get a long enough sentence doesn't mean we should be shortening sentences for other criminals.
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Old 01-19-2006, 12:50 PM   #17 (permalink)
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I agree that this sentence is pretty good. She hurt Wendy's pretty bad with her stunt, not small impact but one that was noticeable to the company.

I don't see a reason to lesson someone's sentence based on the failings of the court system in another regard. Wishing the Enron folks and this lady would spend time in jail aren't mutually exclusive from each other.
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Old 01-19-2006, 05:36 PM   #18 (permalink)
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Wendy's million dollar lawyers.

9 years is an insanely long time.. if she had tried to get one of us.. she wouldn't have gotten this long...

Justice is served... if you have enough money to see it through?
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Old 01-19-2006, 06:07 PM   #19 (permalink)
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The sentence was perfect. There would be fewer
offences of this nature if this type of sentence
were more common. They should give the same
sort of sentence to "small time" burglars, muggers,
car thieves and the like. Once it becomes common
knowledge that you WILL go down for a VERY
long time if you commit these crimes...the over-crowded
prisons problem would soon diminish.
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Old 01-20-2006, 09:51 AM   #20 (permalink)
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From my understanding prison does not act as a deterrent because most people do not expect to be caught. They knew they would be in trouble if they were caught but it seemed like the perfect plan to them. They didn’t think of the reward that Wendy offered.

Yes they need to be punished but what we really want is to have them become constructive members of society.

I am afraid that after all those years in prison they will come out more likely to commit crime than less. Who would hire them?

If the purpose of the sentence is to make my life safer, I think it failed.

Sentence them to 9 years of community service. Everyone would win.
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Old 01-20-2006, 10:05 AM   #21 (permalink)
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Quote:
Originally Posted by Slippery Slope
The sentence was perfect. There would be fewer
offences of this nature if this type of sentence
were more common. They should give the same
sort of sentence to "small time" burglars, muggers,
car thieves and the like. Once it becomes common
knowledge that you WILL go down for a VERY
long time if you commit these crimes...the over-crowded
prisons problem would soon diminish.
OR you would have a considerable percentage of the population behind bars.
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Old 01-20-2006, 12:06 PM   #22 (permalink)
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OR you would have a considerable percentage of the population behind bars.
Aren't we already there?
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Old 01-20-2006, 12:29 PM   #23 (permalink)
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Originally Posted by Tachion
From my understanding prison does not act as a deterrent because most people do not expect to be caught. They knew they would be in trouble if they were caught but it seemed like the perfect plan to them. They didn’t think of the reward that Wendy offered.
I was watching a show just yesterday on which a 40-year-old drug addict was describing her life. When asked how she paid for the drugs, she said, "Oh, I was on welfare. And sometimes I smuggled arms, even with my kids in the car."

They asked what was the longest she'd ever NOT taken drugs, and she said, "Two weeks when I was in Mexico." She was afraid to take drugs there, due to the appalling prison conditions.

Personally, I question the research that says jail time isn't a deterrent. Admittedly, people break laws all the time when they don't think they'll get caught, but some penalties are so harsh that it keeps people from taking a chance.

Quote:
Yes they need to be punished but what we really want is to have them become constructive members of society.

I am afraid that after all those years in prison they will come out more likely to commit crime than less. Who would hire them?

If the purpose of the sentence is to make my life safer, I think it failed.

Sentence them to 9 years of community service. Everyone would win.
A relative of mine got a DUI, and his community service was to park cars at a golf tournament. "Community service" is a very nebulous term.

Also, some people are so dishonest that they will continue to scam until they no longer have the means to do so. All you can do is lock them up.

So while I see your point, I disagree with it in this instance, and some others.
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Old 01-20-2006, 12:47 PM   #24 (permalink)
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Had she made it, she'd have gotten how many millions of dollars? That money would have been as good as stolen.

9 years for trying to steal millions of dollars? No problem.

I think the term seems "harsh" or "long" because we don't lock up our worst offenders long enough. If we imposed properly lengthy sentences to our murderers and rapists/molesters, this wouldn't seem so high by comparison.
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Old 01-20-2006, 01:38 PM   #25 (permalink)
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Got to agree with the others, justice. In response to other thoughs I think that we should give more harsher punishment to other crimes.

My real view, would be even totally different, I say put in canning and smack people around for the crimes... I am sure that would cut down on prison costs,etc.. Heck I am pro death penalty. Have the guilty person pay $2 or his family pay it, put a bullet in the gun, bam dead. Yes, sure barbaric, but so are the crimes that would deserve this.
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Old 01-20-2006, 01:52 PM   #26 (permalink)
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Originally Posted by analog
Had she made it, she'd have gotten how many millions of dollars? That money would have been as good as stolen.

9 years for trying to steal millions of dollars? No problem.
...
Excellent point, Analog. I hadn't thought of it like that.
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Old 01-20-2006, 01:54 PM   #27 (permalink)
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Don't forget this was not the first time she defrauded a business, only the first time she was caught.
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Old 01-20-2006, 03:53 PM   #28 (permalink)
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The court needed to set an example.
Like that's a good excuse for giving them a 9 year sentence compared to a rapist who got 60 days.
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Old 01-20-2006, 04:18 PM   #29 (permalink)
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Originally Posted by Charlatan
OR you would have a considerable percentage of the population behind bars.
I have no problem with that. And I don't care how
cramped it gets for them. Nah, after three strikes
give all the thieves and muggers ten years.

The reason there are so many re-offenders is that these
scumbags don't care if they get caught because they know
they're only gonna get such light sentances. (at least that's
the case here in the UK). And first time offenders aren't worried
about getting caught as they see lots of their friends being released
after only a few weeks. They're all laughing at the ridiculous system.
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Old 01-20-2006, 04:24 PM   #30 (permalink)
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I feel that criminals of all kind should have MUCH stiffer penalties, it seems these days that everyone gets away with only a slap on the wrist. I am glad she got 9 years and I hope she has to serve every single day of it. I don't care if she stole money from a multi-million dollar corperation, she was still doing something that was wrong and should be punished for it.
I have no respect for criminals at all, I think freedom and rights are something that should be earned and not handed over freely. You should be given a couple chances and when you blow them they are gone, the full force of the law should come down on you and you should loose your rights and freedom (a.k.a. REAL community service, make them clean up the trash on highways all day and such.)
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Old 01-20-2006, 04:26 PM   #31 (permalink)
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And to all you people bringing up the rapists... if I was in charge I would cut the offenders penis off.
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Old 01-20-2006, 06:06 PM   #32 (permalink)
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Excuse my ignorance here but when I think of countries that tried the jail/execute you for 'example' approach I can only think of places the US considers lacking freedom.

Now the US already has one of the highest ratio of imates to population.

So I am wrong but are you trying to emulate Russia, China ... etc.

What country has had success with this eye-for-an-eye approach?

This is an age old question - surely there are examples of whether it works or not and what the true costs are to the society.

I can see where it failed - where has it worked?
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Old 01-22-2006, 02:10 AM   #33 (permalink)
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It's not just Wendy's, assholes like these are wasting tax bucks via occupying the courts' time, on bullshit civil suits. Bringing charges against someone for the most ridiculous things is far too easy in this country.
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Old 01-22-2006, 03:00 AM   #34 (permalink)
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Quote:
Originally Posted by Tachion
Excuse my ignorance here but when I think of countries that tried the jail/execute you for 'example' approach I can only think of places the US considers lacking freedom.

Now the US already has one of the highest ratio of imates to population.

So I am wrong but are you trying to emulate Russia, China ... etc.

What country has had success with this eye-for-an-eye approach?

This is an age old question - surely there are examples of whether it works or not and what the true costs are to the society.

I can see where it failed - where has it worked?
Singapore, Malaysia, Indonesia, especially Singapore since they have a strong economy and high literacy and graduation rates.

any place will be considered by any others as "lacking freedom" when you compare what you can and cannot do.
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Old 01-23-2006, 06:59 AM   #35 (permalink)
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Quote:
Originally Posted by Marvelous Marv
A relative of mine got a DUI, and his community service was to park cars at a golf tournament.
Does anyone else find this particular bit of info beyond stupidly ironic?
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Old 01-23-2006, 04:18 PM   #36 (permalink)
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Originally Posted by lindalove
Like that's a good excuse for giving them a 9 year sentence compared to a rapist who got 60 days.
What someone else got for a totally different offense has no direct bearing on what these people should get.

What it DOES mean, however, is that we're grossly under-punishing our sex offenders, NOT over-punishing the scam artists.
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Old 01-23-2006, 06:41 PM   #37 (permalink)
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Quote:
Originally Posted by Cynthetiq
Singapore, Malaysia, Indonesia, especially Singapore since they have a strong economy and high literacy and graduation rates.

any place will be considered by any others as "lacking freedom" when you compare what you can and cannot do.

Singapore feels like your in prison when you are walking around.

I remember a sign saving that they will serve men with long hair last.
Blatant prejudice, but 'officially' sanctioned.

I saw very little 'free' press and any thinking outside the official 'lines' was frowned upon.

I believe Singapore is a good example of what happens when punishment becomes extreme because it becomes the method of control by the government.

Like all prisons -they treat you well if you follow the rules but a society has to allow rules to be broken as it will never grow without it.

Tricky balance but Singapore has suppressed the individual unique spirit of the population in an effort to control a few.
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Old 01-24-2006, 06:47 AM   #38 (permalink)
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"What country has had success with this eye-for-an-eye approach?"

Serious jail time for serious crime is not necessarily based on an eye for an eye mentality. When you see people who have committed the same sort of serious crime repeatedly (as in this case) one needs to remove them from the population to protect the law abiding citizens from their predatory behavior. Even with their failed plan these two cost tens of thousands of people a total of millions of dollars in lost wages and business. And it wasn’t the first time.
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Old 01-24-2006, 07:13 AM   #39 (permalink)
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Quote:
Originally Posted by Tachion
Singapore feels like your in prison when you are walking around.
Really? I never thought that once when I was living there for almost 1 year, and visiting my family who lived there for 5.

Quote:
I remember a sign saving that they will serve men with long hair last.
Blatant prejudice, but 'officially' sanctioned.
Plenty of people there have long hair, mainly Indians. They normally keep it tucked in their turbans.

Quote:
I saw very little 'free' press and any thinking outside the official 'lines' was frowned upon.
Yes, free press isn't as free as here, but thinking outside the official lines is frowned upon here as well just in a smaller circle of people than the millions that live here in America.

Quote:
I believe Singapore is a good example of what happens when punishment becomes extreme because it becomes the method of control by the government.
Like all prisons -they treat you well if you follow the rules but a society has to allow rules to be broken as it will never grow without it.
Really? Lee Kwan Yew helped that country change from a banana republic port to the busiest port in the world. Nothing ships from Asia that does not stop first in Singapore.

Quote:
Tricky balance but Singapore has suppressed the individual unique spirit of the population in an effort to control a few.
Possibly, but they are the best economy in all the SE Asian countries with India coming up fast.

Again, it's a safe and clean city with low crime rates, friendly intelligent people, and a good economy.
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