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This is why all state judges should be elected!

Posted on 4/8/15 at 5:00 pm
Posted by ElPresidenteGrande
Washington D.C.
Member since Aug 2013
150 posts
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
Posted by Jim Rockford
Member since May 2011
98128 posts
Posted on 4/8/15 at 5:03 pm to
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 by ElPresidenteGrande
Washington D.C.
Member since Aug 2013
150 posts
Posted on 4/8/15 at 5:03 pm to
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 by Lunchbox48
Member since Feb 2009
924 posts
Posted on 4/8/15 at 5:05 pm to
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.
Posted by Jim Rockford
Member since May 2011
98128 posts
Posted on 4/8/15 at 5:08 pm to
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 by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 4/8/15 at 5:09 pm to
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 by Croacka
Denham Springs
Member since Dec 2008
61441 posts
Posted on 4/8/15 at 5:11 pm to
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
Posted by Lunchbox48
Member since Feb 2009
924 posts
Posted on 4/8/15 at 5:12 pm to
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
This post was edited on 4/8/15 at 5:15 pm
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48294 posts
Posted on 4/8/15 at 5:19 pm to
Elected judges are the worst thing about the legal system.
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 4/8/15 at 5:23 pm to
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.
Posted by Alt26
Member since Mar 2010
28242 posts
Posted on 4/8/15 at 5:25 pm to
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 by Tiger Ryno
#WoF
Member since Feb 2007
102972 posts
Posted on 4/8/15 at 5:52 pm to
Judge should be executed and beaten
Posted by CaliforniaTiger
The Land of Fruits and Nuts
Member since Dec 2007
5303 posts
Posted on 4/8/15 at 5:57 pm to
That's sad!!! I bet if it was his family member he would think twice!
Posted by boosiebadazz
Member since Feb 2008
80160 posts
Posted on 4/8/15 at 6:02 pm to
This is also why appellate courts exist.
Posted by WeeWee
Member since Aug 2012
40088 posts
Posted on 4/8/15 at 6:06 pm to
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 by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 4/8/15 at 6:20 pm to
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
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71329 posts
Posted on 4/8/15 at 6:23 pm to
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.
Posted by SmokeyB
Ellick
Member since Mar 2015
79 posts
Posted on 4/9/15 at 9:10 am to
quote:

Judge should be executed and beaten



Yes...and in that order too...
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51239 posts
Posted on 4/9/15 at 9:13 am to
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 by brass2mouth
NOLA
Member since Jul 2007
19673 posts
Posted on 4/9/15 at 9:38 am to
[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?
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