Father doesn't think son should get 6MO for only 20 minutes of rape.
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19-06-2016, 12:06 PM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
(19-06-2016 12:28 AM)RocketSurgeon76 Wrote:  I don't question that he clearly holds ideas that make him unqualified to judge rape cases... but the article stressed that he was actually in trouble for throwing out a misdemeanor case before it reached the jury for deliberation, which is actually his job, if the DA didn't present evidence to cover one of the required elements of the case.

Usually the defense makes a motion to that, as far as I've heard so far they didn't.

His decision was to play attorney and judge.

Also many jurors said they refused to serve if he were the judge. Because obviously what they believe doesn't count.


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20-06-2016, 06:21 AM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
(19-06-2016 12:06 PM)Momsurroundedbyboys Wrote:  Usually the defense makes a motion to that, as far as I've heard so far they didn't.

I'd be shocked if they didn't. Making a motion to dismiss before the jury goes out is minimal threshold for a defense lawyer. I won't say failure to do it constitutes malpractice but it has to be pretty close. I think it's pretty rare for a case to be dismissed that way, though. I have no idea on statistics but I suspect it's absolutely the exception.

As for the judge, his trend seems to be to follow the sentencing recommendations of the probation department. Based on a few news stories in recent days, his trend is to follow their advice and he did that in this case. The Associated Press reviewed his history and found that he almost always follows that one recommendation. So, he didn't make this decision in a vacuum.

I wonder why the probation department thought this was a reasonable sentence? I suspect they are not offering anything on the matter, though.

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20-06-2016, 07:12 AM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
(20-06-2016 06:21 AM)BnW Wrote:  
(19-06-2016 12:06 PM)Momsurroundedbyboys Wrote:  Usually the defense makes a motion to that, as far as I've heard so far they didn't.

I'd be shocked if they didn't. Making a motion to dismiss before the jury goes out is minimal threshold for a defense lawyer. I won't say failure to do it constitutes malpractice but it has to be pretty close. I think it's pretty rare for a case to be dismissed that way, though. I have no idea on statistics but I suspect it's absolutely the exception.

As for the judge, his trend seems to be to follow the sentencing recommendations of the probation department. Based on a few news stories in recent days, his trend is to follow their advice and he did that in this case. The Associated Press reviewed his history and found that he almost always follows that one recommendation. So, he didn't make this decision in a vacuum.

I wonder why the probation department thought this was a reasonable sentence? I suspect they are not offering anything on the matter, though.

Maybe Brock's old man knew whose palm to grease?

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(06-02-2014 03:47 PM)Momsurroundedbyboys Wrote:  And I'm giving myself a conclusion again from all the facepalming.
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20-06-2016, 08:19 AM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
I seriously doubt his parents bribed anyone or had an undue influence. I think a more likely explanation is they put the recommendation together in a vacuum and didn't think about the victim, or the public reaction. I think that, with a lot of organizations that deal with large volumes, they completely lost track of the fact that there are real human beings impacted by all this.

I'm sure that's a mistake they won't make again any time soon.

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20-06-2016, 08:47 AM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
(20-06-2016 08:19 AM)BnW Wrote:  I seriously doubt his parents bribed anyone or had an undue influence. I think a more likely explanation is they put the recommendation together in a vacuum and didn't think about the victim, or the public reaction. I think that, with a lot of organizations that deal with large volumes, they completely lost track of the fact that there are real human beings impacted by all this.

I'm sure that's a mistake they won't make again any time soon.

The probation department in Santa Clara have their own issues. Over-crowding is a huge one.

Here's an article that contains their report.

https://www.washingtonpost.com/news/grad...entencing/


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20-06-2016, 10:20 AM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
I have no doubt over crowding played a role in this. They have a white, middle class, first time offender and they probably were willing to down play the severity of what he did due to the alcohol consumption by the defendant and the victim. I bet they were completely caught off guard by the reaction.

If they weren't so busy throwing young black men into jail for minor drug possession, they would have plenty of space to incarcerate an actual criminal for an appropriate amount of time.

I think it's a matter of time before the judge and parole board (who I suspect will soon start feeling the heat) start pointing fingers elsewhere for blame.

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20-06-2016, 10:35 AM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
(20-06-2016 10:20 AM)BnW Wrote:  I have no doubt over crowding played a role in this. They have a white, middle class, first time offender and they probably were willing to down play the severity of what he did due to the alcohol consumption by the defendant and the victim. I bet they were completely caught off guard by the reaction.

If they weren't so busy throwing young black men into jail for minor drug possession, they would have plenty of space to incarcerate an actual criminal for an appropriate amount of time.

I think it's a matter of time before the judge and parole board (who I suspect will soon start feeling the heat) start pointing fingers elsewhere for blame.

Agree. Get the non violent non dealer drug offences out of prisons and into community service outreach programs. Leave that space for assault perps.

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27-08-2016, 12:16 PM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
Bump!

Update:





Cogent analysis from TYT

Ohmy

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27-08-2016, 01:18 PM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
Good riddance.
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31-08-2016, 08:31 PM
RE: Father doesn't think son should get 6MO for only 20 minutes of rape.
This guy gets out of prison tomorrow.
3 months.

Literally not enough time for this thread to sink to the abyss of page 2.

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