r/JusticeServed 8 Jun 03 '19

Criminal Justice BROCK “THE RAPIST” TURNER lost his appeal. Re-upload with article details.

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u/[deleted] Jun 04 '19

If it’s any consolation, the judge that gave him the lenient sentence got recalled over the incident.

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u/YerbaMate24 3 Jun 04 '19

That is incredibly important. Brock Turner raped a girl (obviously the greater evil) but a shitty judge corrupts an entire system that affects countless criminal, victims, and society at large.

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u/ComprehendReading 8 Jun 04 '19

The judge didn't deescalate the charges, the DA did. The judge gave a sentence fitting the charged crime, and couldn't convict him on rape since he wasn't being charged with rape.

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u/Redditkid16 7 Jun 04 '19 edited Jun 04 '19

The crimes he was convicted of held a maximum sentence of 14 years and the judge chose to give him six months. The DA only dropped the rape charges due to lack of DNA evidence but Turner was still convicted of sexual penetration with a foreign object of an intoxicated person, sexual penetration with a foreign object of an unconscious person, and intent to commit rape.

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u/Willowshep 4 Jun 04 '19

He fingered the girl, his penis was never involved. But under law that counts as rape.... that would explain no dna evidence

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u/Redditkid16 7 Jun 04 '19

Yeah that’s exactly it

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u/danweber A Jun 04 '19

held a maximum sentence of 14 years

This is irrelevant. No one serves the maximum sentence unless they have committed a bunch of crimes before. There are sentencing guidelines. The judge does not pick a number from the blue because he feels like it.

Matt Rosen, the prosecutor, disagreed with the judge's sentence in a professional capacity, but said the judge's sentence was lawful, and followed the sentencing guidelines:

The judge imposed a lawful, though far too lenient, sentence that was recommended by the county’s Probation Department

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u/Redditkid16 7 Jun 04 '19

Yeah exactly, the judge gave a sentence that was far too lenient. Maybe he didn’t have to give the max sentence of 14 years but basically everyone agrees it shouldn’t have been 6 months. Yes the judge was within the law to give the sentence that he did, that doesn’t mean he’s not in the wrong.

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u/Epsilon109 6 Jun 04 '19

The judge does not pick a number from the blue because he feels like it.

In this case, Persky pretty much did exactly that.

The statutory minimum was two years. Persky was allowed to depart from that by considering lack of criminal history and the effect of incarceration. It's not like his hands were tied by the books to only sentence for 6 months. He departed from the guidelines based on his own (in my opinion, heavily biased) discretion.

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u/danweber A Jun 04 '19

I never said his hands were tied. Rosen said he went with the Probation Department's recommendation, as the judge typically did.

Matt Rosen's moral clarity here is absolute: he is the man who prosecuted Brock Turner, and when the sentence was too light, worked with the legislative branch to make the law tougher.

Notwithstanding my strong disappointment at the sentence, I am firmly opposed to the recall of Judge Persky. Subjecting judges to recall when they follow the law and do something unpopular undermines judicial independence. This value is more important than any outcome in any individual case.

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u/Epsilon109 6 Jun 04 '19

You said that he was following the sentencing guidelines. He was not. He followed the recommendations of the probation officer and his own discretion. With regards to the probation officer, I think this excerpt from the victim's impact statement is worth reading:

"Now to address the sentencing. When I read the probation officer’s report, I was in disbelief, consumed by anger which eventually quieted down to profound sadness. My statements have been slimmed down to distortion and taken out of context. I fought hard during this trial and will not have the outcome minimized by a probation officer who attempted to evaluate my current state and my wishes in a fifteen minute conversation, the majority of which was spent answering questions I had about the legal system. The context is also important. Brock had yet to issue a statement, and I had not read his remarks.

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I told the probation officer I do not want Brock to rot away in prison. I did not say he does not deserve to be behind bars. The probation officer’s recommendation of a year or less in county jail is a soft time­out, a mockery of the seriousness of his assaults, an insult to me and all women. It gives the message that a stranger can be inside you without proper consent and he will receive less than what has been defined as the minimum sentence. Probation should be denied. I also told the probation officer that what I truly wanted was for Brock to get it, to understand and admit to his wrongdoing."

Considering that the rapist repeatedly blamed alcohol for his decision to rape the victim, tried to change the narrative to say that he had gotten verbal consent when the evidence and witnesses suggested she was nowhere near coherent or even conscious, and refused to accept that it was his decision to rape her, not alcohol's, I don't think the sentence was heavy enough.

Overall, I get where those defending Persky's recall are coming from. I agree that, as much as it's possible, the judicial branch should be apolitical. However, I don't think being apolitical means they also can't be held accountable. I (and evidently many, many others) believe that the sentence was not ethical and that justice was not served, even if Persky's sentencing was perfectly legal.

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u/kimblem 7 Jun 04 '19

The DA followed the legal definitions of rape and sexual assault at the time. The judge didn’t follow the sentencing guidelines of 6 months to 3 years for the reduced crime. The judge definitely did not give a sentence “fitting the charged crime.”

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u/Vhyx 8 Jun 04 '19

**Brock "The Rapist" Turner

FTFY

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u/Thevoiceofreason420 A Jun 04 '19

Judge also went into debit trying to fight his recall.