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  1. Standard membervivify
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    06 Jun '18 20:55
    https://www.bbc.com/news/world-us-canada-44383329

    A US judge who was widely criticised for his leniency towards a campus sex attacker has been removed from office by voters.

    Judge Aaron Persky handed Stanford University swimmer Brock Turner a six-month sentence in June 2016.

    But county judges in California are elected, and if a petition to remove them from office garners enough signatures a vote will be held.

    Such elections are rare - the last time a US judge was recalled was in 1977.

    Tuesday's vote in Santa Clara County marks the first time a Californian judge has been removed in this way for more than 80 years.

    Reacting to the result, the campaign to unseat Judge Persky said the voters of Santa Clara were the winners.

    "We voted today against impunity for high status perpetrators of sexual assault and domestic violence," chair of Recall Persky, Michelle Dauber said.
  2. Zugzwang
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    06 Jun '18 20:58
    Originally posted by @vivify
    https://www.bbc.com/news/world-us-canada-44383329

    [b]A US judge who was widely criticised for his leniency towards a campus sex attacker has been removed from office by voters.

    Judge Aaron Persky handed Stanford University swimmer Brock Turner a six-month sentence in June 2016.

    But county judges in California are elected, and if a petitio ...[text shortened]... of sexual assault and domestic violence," chair of Recall Persky, Michelle Dauber said.
    [/b]
    https://www.cnn.com/2018/06/06/us/judge-aaron-persky-recall-results-brock-turner/index.html

    "This marks the first time since 1932 that California voters have recalled a sitting judge."
    --CNN
  3. Standard membervivify
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    06 Jun '18 21:001 edit
    What happened in the Stanford case?

    Turner, 20 at the time, was seen by two other students sexually assaulting his victim behind a rubbish bin outdoors in January 2015.

    The trial heard how the victim, then 22, was intoxicated to the point of unconsciousness after attending a party on campus.

    In March 2016, Turner was found guilty of three felony charges and faced up to 14 years in prison. Prosecutors had asked for a six-year term.

    But he was handed the much shorter six-month sentence (a quarter of the minimum sentence) and three years probation after Judge Persky expressed concern about the impact prison would have on him. Turner served only three months.

    He cited the Turner's age, lack of criminal record and the fact that both the perpetrator and the victim were intoxicated.
  4. Zugzwang
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    07 Jun '18 01:393 edits
    https://www.mercurynews.com/2018/06/06/judge-persky/

    "Recall aftermath: Will the removal of Judge Aaron Persky prompt a new legal battle?"

    "Less than 24 hours after a bitter campaign ended with voters overwhelmingly approving
    California’s first recall of a sitting judge in nearly a century, the legal profession may be
    setting up for another fight.

    Defense attorneys and others who opposed the successful removal of Judge Aaron
    Persky for giving a six-month sexual-assault sentence to a Stanford swimmer are now
    exploring how they can get California to limit or ban judicial recalls altogether."

    "Because California’s recall law is embodied in the state constitution, eliminating recalls would require
    a two-thirds majority of both chambers of the Legislature to agree to put a measure before voters."

    "Persky, 56, became the target of a well-funded, well-organized recall campaign after his
    decision two years ago in the case against Brock Turner sparked widespread fury, fueled
    by a powerful impact statement from Turner’s victim, which spread worldwide on social
    media and was read aloud in Congress and on national television. Turner served three
    months of his six-month sentence under a policy aimed at reducing jail overcrowding, far
    less than the six years in prison prosecutors sought for his assault at a frat party of an
    intoxicated, unconscious woman behind a dumpster."

    "Legal experts don’t expect Persky’s ouster will unleash a fresh wave of judicial recalls,
    though some are concerned that even the threat could push judges to impose harsher
    sentences, particularly in sex cases."

    "But others argue that Persky’s recall was unique, coming in the midst of pent-up anger
    among some over President’s Trump’s treatment of women before he was elected,
    longstanding concerns about campus sexual assault, and the #MeToo movement."

    As I recall, when the movement to recall Judge Persky began, few people expected it to succeed.
    The movement's supporters had to do much work to mobilize people in favor of it.
    It reflects what changes have taken place since the #MeToo movement has risen.

    "Too many fake progressives like yourself [Vivify] having fallen for the elitist line that
    the People are ignorant, easily led sheep."
    --No1Marauder (to Vivify)

    The lawyer No1Marauder, who has fiercely defended Judge Persky, may be less inclined
    to flatter 'the People' given that most of them did not vote the way that he wanted here.
  5. Subscriberno1marauder
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    07 Jun '18 01:591 edit
    An unfortunate result given that the Judge carefully considered the appropriate legal factors before passing the sentence and that the Legislature had already revised the law making a harsher sentence mandatory. But once the recall got on the ballot it was always likely to succeed given the intense media coverage and widespread negative comments.

    Hopefully it will not dissuade judges from considering all relevant factors in sentencing and at times granting defendants lesser but legal sentences where they deem it appropriate; we already have a country with one of the highest rates of incarceration in the world.

    EDIT: I do not think the recall provisions will or should be changed and disagreement with one result in an election does not negate my overall faith in the good sense of the People to rule themselves.
  6. Subscriberno1marauder
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    07 Jun '18 02:29
    I imagine we're going to re-litigate the case. The thread where this was already done is here: https://www.redhotpawn.com/forum/debates/stanford-rapist-convicted-to-6-months-of-jail.169037
  7. Zugzwang
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    07 Jun '18 02:491 edit
    https://highline.huffingtonpost.com/articles/en/brock-turner-michele-dauber/

    "WHEN THE PUNISHMENT FEELS LIKE A CRIME
    Brock Turner's twisted legacy—and a Stanford professor's relentless pursuit of justice"
    --Julia Ioffe

    "On January 18, 2015, a friend of [Michele] Dauber’s own daughter was assaulted—by
    a 19-year-old Stanford student named Brock Turner
    ...
    The young woman passed out behind a dumpster near a Stanford fraternity.
    The young man, a potential Olympic swimmer, thrusting on top of her. The two Swedish
    students riding past who saw him and gave chase. The trial in which Turner’s father
    lamented that his son’s life was being destroyed over “20 minutes of action.”

    But what seared the case into public memory was the victim’s statement to the court at
    Turner’s sentencing hearing. “You don’t know me, but you’ve been inside me, and that’s
    why we’re here today,” she began. The then-22-year-old, known as Emily Doe, recounted
    waking up in the hospital and learning that she had been found with her underwear off
    and her dress hiked up to her waist, dirt and pine needles in her vagina. She described,
    in excruciating detail, the effect of the assault and the trial. “You took away my worth, my
    privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice, until
    today,” she wrote. Turner had informed the court he hoped to educate other young people
    that “one decision has the potential to change your entire life.” Emily’s response was
    devastating: “A life, one life, yours, you forgot about mine.”

    After BuzzFeed published the entire 7,200-word statement, it was shared 11 million times in four days.
    CNN’s Ashleigh Banfield took the first half of her show to read it aloud, stopping to calm
    her quavering voice. Nineteen members of Congress, Republican and Democrat, read it
    on the floor of the House. .... The statement, Dauber said, “was the manifesto of the
    Me Too movement. This was a harbinger."
    ...
    "The Me Too movement has supercharged Dauber’s campaign. But it has also fueled
    the opposition to her effort—joined by much of the state’s legal establishment—and
    created a deep hostility toward Dauber and her tactics. On February 14, a letter arrived
    at Dauber’s Stanford office. The message inside read, “Since you are going to disrobe
    Persky, I am going to treat you like ‘Emily Doe.’ Let’s see what kind of sentencing I get
    for being a rich white male.” A white powder fell from the envelope.

    Dauber froze. “This can’t be happening,” she thought as Stanford evacuated part of the
    building. The powder turned out to be harmless, but the episode shook her deeply.
    These days, she mostly works from home. She has plastered her office door at Stanford
    with printouts of the rape and death threats that she regularly receives. "

    That misogynistic hatred shows part of what a woman had to endure
    in campaigning against Judge Persky and most of the legal establishment.
  8. Joined
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    07 Jun '18 08:50
    Originally posted by @no1marauder
    I imagine we're going to re-litigate the case. The thread where this was already done is here: https://www.redhotpawn.com/forum/debates/stanford-rapist-convicted-to-6-months-of-jail.169037
    we remember you and your disgusting insistence it wasn't rape because a state law said so.
  9. Joined
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    07 Jun '18 08:52
    Originally posted by @no1marauder
    An unfortunate result given that the Judge carefully considered the appropriate legal factors before passing the sentence and that the Legislature had already revised the law making a harsher sentence mandatory. But once the recall got on the ballot it was always likely to succeed given the intense media coverage and widespread negative comments.

    Hop ...[text shortened]... an election does not negate my overall faith in the good sense of the People to rule themselves.
    "at times granting defendants lesser but legal sentences where they deem it appropriate"
    yes, because giving a teenager a pass for smoking weed is the same as sexual assault.
  10. Joined
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    07 Jun '18 08:53
    Originally posted by @vivify
    https://www.bbc.com/news/world-us-canada-44383329

    [b]A US judge who was widely criticised for his leniency towards a campus sex attacker has been removed from office by voters.

    Judge Aaron Persky handed Stanford University swimmer Brock Turner a six-month sentence in June 2016.

    But county judges in California are elected, and if a petitio ...[text shortened]... of sexual assault and domestic violence," chair of Recall Persky, Michelle Dauber said.
    [/b]
    glad he is gone, still not agreeing voting your judges into office is a good idea.
  11. Subscriberno1marauder
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    07 Jun '18 11:02
    Originally posted by @zahlanzi
    we remember you and your disgusting insistence it wasn't rape because a state law said so.
    🙄🙄
  12. Standard membervivify
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    07 Jun '18 12:55
    There should be a recall process for all elected officials.
  13. Joined
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    07 Jun '18 14:32
    Originally posted by @vivify
    There should be a recall process for all elected officials.
    yes, but judges should not be elected.
  14. Subscriberno1marauder
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    07 Jun '18 19:59
    Rachel Marshall, a public defender in Oakland, California thinks Persky's recall "will end up hurting poor, minority defendants":

    Long before this week’s vote, the recall campaign’s impact had been felt in courtrooms across the country, where judges became increasingly cautious about exercising discretion, worried that they might be punished for leniency. In my work as a public defender in Oakland, California, I have observed how the recall effort has changed judges, whether consciously or not, making them more timid about taking risks on defendants who deserve mercy.

    I have also heard stories from other lawyers. One told me that after earning an acquittal for a young client with no criminal record, he was told by the judge how relieved he was by the decision, which meant the judge would not have to sentence him. The judge clearly felt the young man did not deserve a harsh sentence, had he been convicted, but he was worried about creating a “Brock Turner problem” for himself, he said.

    Given that the criminal justice system disproportionately targets and prosecutes the poor and people of color, the ones who suffer from judges feeling pressured to sentence harshly are not people with privilege like Turner, but those without privilege

    Judges have always had more incentives to punish harshly than leniently, and elections only increase these pressures. A Brennan Center for Justice study found that when judges are approaching reelection, they are more likely to impose harsher penalties. This is common sense, given that judges who have sentenced a defendant harshly rarely make the news.

    That is no small thing; in this country, we have an epidemic of wrongful convictions, yet never have I heard of a public outcry to recall or vote against a judge who presided over a case in which an innocent client was convicted or sentenced. In contrast, as we have just seen, a sentence perceived as too light not only will make headlines but could cost a judge his job.

    Most judges nationwide are appointed, not elected. (In federal courts, that’s exclusively true.) Despite this, in many state courts, even appointed judges must run for reelection. And many judges are also subject to recall proceedings at any time.

    When judges are looking over their shoulders, worried about losing their jobs if they enrage the public, the fairness of our system is compromised. Judicial independence is especially important because the public is often wrong, particularly on a local level.

    https://www.vox.com/first-person/2018/6/6/17434694/persky-brock-turner-recall-california-stanford-rape-sentencing

    She concludes:

    The recall campaign was led by people lacking any criminal law experience. Many lawyers who have actually appeared before Judge Persky in criminal cases describe him as a thoughtful, smart judge. Even the head prosecutor where Persky presided opposed the recall, noting that Persky was not actually known for leniency and that “most judges in California would have done the same thing” in sentencing Turner. (Indeed, Persky followed the probation department’s sentencing recommendation.)

    The California Commission on Judicial Performance reviewed Persky’s decision in the Turner case, along with others that recall supporters identified, and found no evidence of bias. Recall supporters pointed to other defendants Persky had sentenced to more time than Turner as evidence of bias, but the examples revealed a lack of insight into how criminal courts operate.

    For example, recall supporters pointed to the harsher sentencing of a Latino man in a sexual assault case Persky had presided over. But that defendant had pleaded guilty after plea negotiations, rather than after a trial. As anyone practicing criminal law knows, it is rare for judges to interfere with plea bargains.

    In addition, recall that supporters have handpicked other cases of perceived leniency, but the only trend among these cases is that Persky appeared to believe in second chances for young offenders, and was often focused more on rehabilitation than punishment. In general, this is something many Americans now say they want from a justice system that for too long has been overly reliant on incarceration.

    Judges are not lawmakers. They are not elected to implement policy or to respond to social movements. The only way to guarantee they don’t is by insulating them from public opinion. The recall of Judge Persky is already causing harm, but we can limit future harms.

    The only way to prevent judges from allowing their rulings to be swayed by the public is to change laws that allow them to be recalled.
  15. Subscriberno1marauder
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    07 Jun '18 21:111 edit
    Originally posted by @duchess64
    https://highline.huffingtonpost.com/articles/en/brock-turner-michele-dauber/

    "WHEN THE PUNISHMENT FEELS LIKE A CRIME
    Brock Turner's twisted legacy—and a Stanford professor's relentless pursuit of justice"
    --Julia Ioffe

    "On January 18, 2015, a friend of [Michele] Dauber’s own daughter was assaulted—by
    a 19-year-old Stanford student named Brock Tu ...[text shortened]... a woman had to endure
    in campaigning against Judge Persky and most of the legal establishment.
    Duchy: That misogynistic hatred shows part of what a woman had to endure
    in campaigning against Judge Persky and most of the legal establishment.

    Surely Judge Persky and the so-called "legal establishment" had nothing to do with such threats against Dauber, so this is demagoguery at best and a false imputation at worst. The "legal establishment" that opposed the recall did so for pragmatic policy reasons not because of any animus towards those who supported it.
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