[news] Judge gives rapist 6 months

[LawBeefaroni]

The pendulum swings both ways. We have soft on crime SA, judges, and sherriff here.

The State's Attorney was a direct reaction to a previous SA who was seen as too pro-cop.


The problem is that voters react to extremes, rather than routine.

[LordMortis]

As an academic who studies criminal justice, I have opposed the recall effort since I first heard about it because of potential consequences that reach well past Persky’s now-former courtroom: The recall will make judges more punitive, thwart progress toward scaling back mass incarceration and — though Turner and Persky are both white — hurt minorities disproportionately.

Then judges got the wrong message. He may very well be right in his assessment but that doesn't mean the voters weren't on target with their anger and (at least IMO) the judge is not the sort of judge I'd want. The idea that judges will lash out at minorities in the name of an angry populace because the voters thought a judge was too lenient on rich white college kid who scarred a girl for the rest of her life because he was a rich white college kid, and you know, rich white athlete boys and drinking... is odd to me, even it may be demonstrably true. If true it's just one more reason to be sad, I guess.

[Lorini]

They are now claiming that judges will be less lenient, but any judge who couldn't see what a travesty that was is an idiot. Apparently the rapist was strongly considering an appeal to his six month sentence (because hey, can't be saddled with this sex offender tag) , but I'm sure someone told him that if he appealed, he could actually get a far longer sentence instead, not to mention the fact he had very little chance of a successful appeal.

[El Guapo]

They are now claiming that judges will be less lenient, but any judge who couldn't see what a travesty that was is an idiot. Apparently the rapist was strongly considering an appeal to his six month sentence (because hey, can't be saddled with this sex offender tag) , but I'm sure someone told him that if he appealed, he could actually get a far longer sentence instead, not to mention the fact he had very little chance of a successful appeal.

No one's arguing that this judge didn't deserve it, exactly. But at the same time it seems super likely to influence at least some judges, especially in California, in their sentencing. And politically judges take heat for lenient sentences way more often than they take heat for overly punitive sentences, so any judge who is looking over their shoulder is likely to hand down harsher sentences. And as the article says, that's more likely to impact poor and minority defendants since they are less able to afford high quality attorneys and often less able to attract media attention.

The causation isn't super direct, but I think it's right to be nervous about it.

[Lorini]

I'm sure my gut reaction to the sentence is getting in the way, but the sentence that was given seemed way out of line for the crime. And no, when judges are harsh particularly to poor and minority people, people just get just as mad. Recently a woman was sentenced to five years in jail for voting as a felon and there's a lot of activity going on in social justice circles to make judges understand that that kind of sentencing is not just and does not serve the public interest anymore than this sentencing did.

[gameoverman]

"California law requires every judge to consider rehabilitation and probation for first-time offenders,"

So consider it then say "I've considered it and rejected it". Unless we are talking mandatory sentencing, the judge has discretion. It looks suspicious when that discretion seems to favor the more well off, while the rank and file get nailed with everything the law can throw at them. There are people who'll do more time in jail, because they can't afford bail, than this guy and yet many of those people in jail will ultimately be released with no charges filed. The difference between him and them is maybe raising so much as a couple of hundred dollars in bail is impossible for them.

As far as recalls hurting minorities and the poor, that's a laugh. If you're poor you are already going to be ground up in the system as it is. Same if you're a minority.

If judges were appointed? Who appoints them? Let's look at the Supreme Court. Those judges are secure in their positions for life with no fear of recall and they are not the least bit influenced by which way the political winds blow are they?

There most certainly is a percentage of our country who want to be 'tough on crime' which means lock everyone up and throw away the key. The existence of these people is what corrupts any system we have dealing with crime. It's why appointing judges won't fix problems caused by having judges elected.

[Lorini]

Yes and the important word there is consider which I have no issue with. But given the gravity of the crime, the sentence he meted out smelled of implicit bias. Now was it? We'll never know. Raping an unconscious woman is a pretty horrible act. We're not talking about a he said/she said situation or even one where she was cut or had a small injury. We're talking about a man who saw an unconscious woman and then decided that having sex with her was what he needed to do. Now in my opinion, that kind of person needs to be in jail for more than three months, I frankly don't care how rich or poor or being a minority or not.

[LordMortis]

Yes and the important word there is consider which I have no issue with. But given the gravity of the crime, the sentence he meted out smelled of implicit bias. Now was it? We'll never know. Raping an unconscious woman is a pretty horrible act. We're not talking about a he said/she said situation or even one where she was cut or had a small injury. We're talking about a man who saw an unconscious woman and then decided that having sex with her was what he needed to do. Now in my opinion, that kind of person needs to be in jail for more than three months, I frankly don't care how rich or poor or being a minority or not.

Or young (though there is rooms for leeway but not at 19) or how bright of a future they have in front of them if they don't have a record of how horrible they were... As you say, you consider what the circumstances were. Though I freely admit I have a bias against people acting under the influence of behaviour altering substances and believe we should increase punitive punishments for people who elect to put themselves in an altered state and then go on to commit a (most especially violent) crime. So I'm not the first person you look to when when it comes to "consider". If drinking makes you a person who assaults women "sexually" with beer bottles and this is not the first time you held a beer in your hand, then I've considered it and found you lacking.

[Isgrimnur]

CNN

The former California judge who sentenced Brock Turner to six months in jail for sexual assault has been fired from his job as a girls' junior varsity tennis coach at a Bay Area high school, Fremont Union High School District spokeswoman Rachel Zlotziver confirmed to CNN.

Aaron Persky had applied for the open coaching position over the summer and successfully completed all of the district's hiring requirements, including a fingerprint background check, the school district said Tuesday in a statement.
...
Just one day later, the school district announced that his employment as a tennis coach at Lynbrook High School has ended.

His connection to the Turner case was brought to the school district's attention late last week, said the district, which referred to the former jurist as "Michael Persky." His full name is Michael Aaron Persky, public records show.
...
The controversial sentencing led to Persky being recalled two years later. It was the first time since 1932 that a sitting judge was recalled by California voters.

After learning of Persky's history, the school district held a meeting with parents of athletes on the varsity and junior varsity girls tennis teams "to provide parents with background on the situation," the district said.

Ultimately, his firing was believed to be "in the best interest of our students and school community," the school district said Wednesday in a new statement.

[hepcat]

I'm really not a fan of life long punishment for people who make mistakes in this day and age. Especially when the mistake they made wasn't actually illegal, just idiotically egregious.

[El Guapo]

I'm really not a fan of life long punishment for people who make mistakes in this day and age. Especially when the mistake they made wasn't actually illegal, just idiotically egregious.

Yeah, and this doesn't really make a lot of sense, since I'm not aware of any allegations that the (former) judge has any history of bad behavior towards women. Unless the responsibilities of a JV tennis court at this school involves issuing punishments to rapists.

[Paingod]

I'm really not a fan of life long punishment for people who make mistakes in this day and age. Especially when the mistake they made wasn't actually illegal, just idiotically egregious.

I don't mind keeping someone who thought a rapist only needed 6 months away from a position of authority over teenage girls. I might feel otherwise if he was fired from a Greeter position at WalMart, but not this. I mean, he'd be a "leader" to these girls. You typically don't advocate for people who rape the people you'd lead.

[naednek]

I'm really not a fan of life long punishment for people who make mistakes in this day and age. Especially when the mistake they made wasn't actually illegal, just idiotically egregious.

I had the exact same thought. I feel like while his decision wasn't popular he shouldn't be harrassed by the mob everywhere he goes. I'm kinda ok that he lost his job at being a judge, but that should end there. Being a tennis coach has no impact to others.

[Isgrimnur]

Being a tennis coach has no impact to others.

The psychological scars that I have from mine suggest differently.

[hepcat]

Being a tennis coach has no impact to others.

The psychological scars that I have from mine suggest differently.

Yeah, but you grew up on the mean streets of South Beverly Hills. Your early days were spent running wild with the gang Los Richie Riches and wearing non-designer footwear at times.

[El Guapo]

I will say that I suspect I would make the same decision if I were the school. I doubt he's such an amazing JV tennis coach that it's worth dealing with this guy's baggage (especially if the JV tennis girls are unhappy, which I imagine they probably would be).

[hepcat]

My question is, was this going to be a volunteer position or side gig for the guy? Something he was doing for fun? I mean, he wasn't disbarred or anything, so I find it hard to believe that his only choice for livelihood was a tennis coach after being a judge.

[Remus West]

My question is, was this going to be a volunteer position or side gig for the guy? Something he was doing for fun? I mean, he wasn't disbarred or anything, so I find it hard to believe that his only choice for livelihood was a tennis coach after being a judge.

Just a guess but maybe just something to keep involved in early retirement?

[hepcat]

My question is, was this going to be a volunteer position or side gig for the guy? Something he was doing for fun? I mean, he wasn't disbarred or anything, so I find it hard to believe that his only choice for livelihood was a tennis coach after being a judge.

Just a guess but maybe just something to keep involved in early retirement?

That was my initial take as well, but I wasn't sure.

[Remus West]

As someone involved in coaching at the high school level for over 20 years at this point I can reliably tell you that it is not a source of income you can live on. Not even if you were to live in a van down by the river.

[hepcat]

No insult to that venerable career intended.

Most coaches are usually full time teachers as well though, aren't they? Since I saw no word that he was also teaching, I just jumped to the conclusion that this was more of a side gig for him.

[Isgrimnur]

As someone involved in coaching at the high school level for over 20 years at this point I can reliably tell you that it is not a source of income you can live on. Not even if you were to live in a van down by the river.

Depends on the cleanliness of the river, I suppose.

[hepcat]

Son of a...that's DEFINITELY better than my salary as a Lawn Dart coach at Whatsamatta U!

[Lorini]

He's supposed to lead girls, girls who may look up his history and find that raping a woman wasn't enough to give the rapist much of a sentence. If I were a parent of such girl, I'd want him out of there as well, and I suspect that's how this happened.

[Jaymann]

Maybe he can get a job working for Bill Cosby.

[Remus West]

As someone involved in coaching at the high school level for over 20 years at this point I can reliably tell you that it is not a source of income you can live on. Not even if you were to live in a van down by the river.

Depends on the cleanliness of the river, I suppose.

That is not high school. Thats postsecondary level coaching.