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Message
This is why all state judges should be elected!
Posted on 4/8/15 at 5:00 pm
Posted on 4/8/15 at 5:00 pm
quote:
An Orange County Superior Court judge decided a Santa Ana man convicted of sexually assaulting a child should not have to serve the minimum sentence of 25 years to life in prison, saying that the sentence would be cruel and unusual punishment.
quote:
However, saying that 25 years to life was cruel and unusual punishment under the U.S. Constitution, the court — despite the prosecutor’s objection — sentenced Rojano-Nieto to 10 years in prison.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Superior Court Judge M. Marc Kelly said, according to a City News Service article posted by the Orange County Register. “There was no violence or callous disregard for (the victim’s) well-being.”
This is an extremely sad story where a 20 year old man rapes a 3 year old girl and the judge doesn't think that 25 years to life in prison is an appropriate sentence and claims that it would be cruel and unusual punishment.
I suspect that there will be an outpouring of calls for his resignation or recall from the bench as he is clearly unfit to hold that position.
OC Judge Cuts 15 Years of Mandatory Sentence for Rapist
14
Posted on 4/8/15 at 5:03 pm to ElPresidenteGrande
Yeah, shitty deal there, but electing judges presents its own set of problems. You've got a political hack on the bench deciding Billy Bob v Jimmy Joe based on which one contributed to his campaign.
Posted on 4/8/15 at 5:03 pm to Jim Rockford
quote:
Yeah, shitty deal there, but electing judges presents its own set of problems. You've got a political hack on the bench deciding Billy Bob v Jimmy Joe based on which one contributed to his campaign.
At least you can replace those judges.
Posted on 4/8/15 at 5:05 pm to ElPresidenteGrande
That's a sad story.
Doesn't change the fact that judges by and large should be appointed.
Clerk for a state criminal judge sometime and learn how much they're thinking of reelection.
Doesn't change the fact that judges by and large should be appointed.
Clerk for a state criminal judge sometime and learn how much they're thinking of reelection.
Posted on 4/8/15 at 5:08 pm to Lunchbox48
quote:
Clerk for a state criminal judge sometime and learn how much they're thinking of reelection.
They all run on a platform of being "tough on crime." If they said something like, "I'll decided cases fairly on the merits," they'd lose to the guy throwing red meat to the rabble.
Posted on 4/8/15 at 5:09 pm to ElPresidenteGrande
quote:
“In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” Kelly said.
“Mr. Rojano did not seek out or stalk (the victim). He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her,” the wire service reported Kelly saying.
WHAT THE frick???????????????
Posted on 4/8/15 at 5:11 pm to ElPresidenteGrande
This probably happens way more often than it gets reported too
Same with plea deals. A lot of them get off easy by pleading guilty when it seems like they would have been an easy conviction at trial
Same with plea deals. A lot of them get off easy by pleading guilty when it seems like they would have been an easy conviction at trial
Posted on 4/8/15 at 5:12 pm to Jim Rockford
Or let this sink in:
When I was with my firm in Alabama, there was no limit on how much the firm or myself as an individual could contribute to the Judicial Campaign of a candidate. There was over $10m raised in their last SC Chief Justice runoff.
I went to fundraising dinners paid for by firms for the judges. They know where their bread is buttered. I could admit it was pretty fricked up even when I was directly benefiting from it.
*edit - I know a lot of states have caps, but in TN I can still go hand a judicial campaign manager a check for $1000 and say from Lunchbox48
When I was with my firm in Alabama, there was no limit on how much the firm or myself as an individual could contribute to the Judicial Campaign of a candidate. There was over $10m raised in their last SC Chief Justice runoff.
I went to fundraising dinners paid for by firms for the judges. They know where their bread is buttered. I could admit it was pretty fricked up even when I was directly benefiting from it.
*edit - I know a lot of states have caps, but in TN I can still go hand a judicial campaign manager a check for $1000 and say from Lunchbox48
This post was edited on 4/8/15 at 5:15 pm
Posted on 4/8/15 at 5:19 pm to ElPresidenteGrande
Elected judges are the worst thing about the legal system.
Posted on 4/8/15 at 5:23 pm to Lunchbox48
and there's why you have an Alabama supreme ct judge posting the 10 commandments. Pandering to the religious zealots.
La contrib limits are $2500 per person. Judicial races still get pretty expensive, but not $10 mill.
La contrib limits are $2500 per person. Judicial races still get pretty expensive, but not $10 mill.
Posted on 4/8/15 at 5:25 pm to Lunchbox48
quote:
I went to fundraising dinners paid for by firms for the judges. They know where their bread is buttered. I could admit it was pretty fricked up even when I was directly benefiting from it.
Absolutely true.
There are cons with both. However, at least with most appointed judges (like on the Federal Bench) there is a vetting process to select qualified judges. You may not always agree with their rulings or political leanings, but they are generally fairly competent legal minds.
Electing judges allows people who know little to nothing about the law the opportunity to elect just about any bozo to the bench. You get some on the bench who shouldn't even be allowed to practice law, let alone issue legal rulings. The only real qualification required is that they be the most popular person running in that particular district. Their judicial acumen is generally irrelevant
Posted on 4/8/15 at 5:52 pm to ElPresidenteGrande
Judge should be executed and beaten
Posted on 4/8/15 at 5:57 pm to ElPresidenteGrande
That's sad!!! I bet if it was his family member he would think twice!
Posted on 4/8/15 at 6:02 pm to ElPresidenteGrande
This is also why appellate courts exist.
Posted on 4/8/15 at 6:06 pm to ElPresidenteGrande
quote:
This is why all state judges should be elected!
I agree with that, but that has its own problems too. What we really need to do is get rid of the mandatory sentencing and allow judges to be judges, but allow prosecutors to appeal for a harsher sentence if they do not agree.
Posted on 4/8/15 at 6:20 pm to Alt26
I'd do it, but I sure as frick wouldn't follow the law all of the time. Good guys would be begging for me and bad guys would be running away. According to my personality test, I'm an eye for am eye person. Somebody kills your family member, you get to kill one of theirs or choose how they die. If the victims family can't choose, I pick. Rape a little kid, I burn your dick off with acid. Sag your pants, you don't get to wear pants anymore
Multiple offenders would get the jihad punishments. Keep stealing, and lose your hand
Multiple offenders would get the jihad punishments. Keep stealing, and lose your hand
Posted on 4/8/15 at 6:23 pm to ElPresidenteGrande
The problem with elected judges is they all run on being "tough on crime".
The easy solution to this is to bitch to whomever appoints these judges and inform them they won't be voted for again.
The easy solution to this is to bitch to whomever appoints these judges and inform them they won't be voted for again.
Posted on 4/9/15 at 9:10 am to Tiger Ryno
quote:
Judge should be executed and beaten
Yes...and in that order too...
Posted on 4/9/15 at 9:13 am to ElPresidenteGrande
quote:
This is why all state judges should be elected!
Judges should not be elected.
Roy Moore is the best example of why this is a bad idea.
Posted on 4/9/15 at 9:38 am to ElPresidenteGrande
[quote]There was no violence or callous disregard for (the victim’s) well-being[/quote]
Doesn't this fit, just by the nature of the crime or is it just me?
Doesn't this fit, just by the nature of the crime or is it just me?
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