It varies by state. I'm not familiar with California's process, but based on the federal process, a probation office interview of the victim is not unusual. Typically it would be optional for the victim; the victim can decline. I don't know the facts of the case or what happened in this interview. But the probation/presentence report process exists to inform the judge; it does not bind the judge. The problem here sounds like the judge, not the process. In the federal system, once sentence is pronounced, it cannot be changed, unless appealed and overturned (or commuted by the executive). Again, I don't know about California. Some states have processes whereby a sentence can be reduced by the judge after imposition. I highly doubt any state has a process whereby it can be increased. (I have doubts whether that would be constitutional.) |
That's sort of how being convicted of crime works, Dad. It's usually a bummer. (Not nearly as much of a bummer as it is for, say, the VICTIM. I doubt she's as happy as she was before either.) There's no promiscuity anywhere in the picture here. Rape is rape. Not "action." Rape. |
Wow. The dad is in complete denial about what happened.
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He should have pled and settled, not taken it to trial. I wonder if his parents pushed for that. And appealing? If that's not 100% his parents, he's an unremorseful criminal. But it might be entirely his parents who have dragged all of this on and on. |
I am completely aghast at this public reaction from the dad. If, God forbid, I was responsible for raising a person who did something like this to another innocent person, I don't think I could get my head out from under the covers. The last thing I would be doing is making excuses for him on social media for everyone to see. Where is the shame? |
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I reeeeeally hope the sex registry will make up for the lack of jail time.
This fucker should continue to pay for this for a long time. |
His name is all over the internet, as is his picture. Any future employer, landlord, girlfriend, friend who googles him... |
Agree completely, esp about her being a fierce writer. Really powerful stuff. |
You have poor reading comprehension and are ranting about an argument that nobody made. The post you are yelling at didn't claim there isn't disparate sentencing, it said that the issue isn't that white people get excessively lenient sentences, it is that minorities get excessively harsh sentences. |
You're correct that it could cut both ways, but I think the notion of excessive empathy is a strange one. To me, the primary problem is that judges and juries have a difficult time empathizing with people who are different from them and people who are historically oppressed. This would primarily be manifest in excessive sentences for disadvantaged groups, not excessively lenient sentences for non-disadvantaged groups. This obviously gets more complicated here, because, as in most sexual assault cases, the victim is a member of a historically disadvantaged group, so you can have appropriate empathy for the convicted not counterbalanced with appropriate empathy for the victim. |
| The guy and the girl were both drunk off their asses. I feel sorry for both of them that they made such bad decisions. |
The decision to get drunk is nowhere near the magnitude of the decision to rape someone. Many, MANY men get drunk and do not rape anyone. |
Yes, but he committed a felony. Against another human being. She did not. |
Nice false equivalence there. You should really read the victim's impact statement. "Alcohol is not an excuse. Is it a factor? Yes. But alcohol was not the one who stripped me, fingered me, had my head dragging against the ground, with me almost fully naked. Having too much to drink was an amateur mistake that I admit to, but it is not criminal. Everyone in this room has had a night where they have regretted drinking too much, or knows someone close to them who has had a night where they have regretted drinking too much. Regretting drinking is not the same as regretting sexual assault. We were both drunk, the difference is I did not take off your pants and underwear, touch you inappropriately, and run away. That’s the difference." |
| She got blackout drunk. She probably left the party with him, but at least not with her sister. What did she say while she was blackout drunk? |