The Judge Should Be In Prison

[skb12172]

Fucking Insane

[HTRN]

The problem isn't the Judge - the kid is guilty of Statutory Rape, even if he didn't know.

The problem is the way the law is setup.

[Flintlock Tom]

I can tell from your reaction to this story that you're not going to be able discuss this in a rational way so I'll just say I disagree with you and leave it at that.

[skb12172]

And you really think this is a rational sentence? Are you insane? This judge punished this kid beyond any reasonable level because he doesn't like how society functions.

[skb12172]

HTRN, except he wasn't convicted of statutory rape.

[PawPaw]

Zach was arrested and eventually pleaded guilty to fourth-degree criminal sexual conduct.

He pled guilty, and I bet the judge had no discretion. In many states, once you plead guilty the law automatically kicks in, whether the judge likes it or not. Legislatures removed judicial descretion in lots of states, because the judges were exercizing WAY TOO MUCH discretion, to the benefit of their contributors (for example), or not imposing the penalties that the legislature required.

In many places, Louisiana being one, the judge has no discretion on who goes on the sex offender list, or for how long.

The big lesson here, is don't plead guilty. If you think there's any chance that a jury will hear your side of the story, let them hear it.

[skb12172]

According to the article, he lectured about how he hated the hookup culture and threw the book at him. I think he had plenty of discretion. The defense attorney's comments also lead me to suspect this was punitive.

[skb12172]

But your point about not pleading guilty is sound and well taken.

[PawPaw]

According to the article, he lectured about how he hated the hookup culture and threw the book at him. I think he had plenty of discretion. The defense attorney's comments also lead me to suspect this was punitive.

He got 90 days and probation and a stern lecture. Most sentences are punitive. That's the point of sentencing.

My larger point was that the judge may not have had any discretion about whether he went on the sex offender list, or for how long. In my state, the judge has absolutely no discretion about who goes on the list, or for how long. Once you're convicted of an enumerated sex crime, you go on the list automatically, and a broad range of sanctions fall on you.

The whole point is not to be convicted of one of those offenses. The judge has absolutely no discretion.

[Steamforger]

This guy was able to plead MCL CSC 3rd Degree (Felony) down to MCL CSC 4th Degree (Misdemeanor), and did 90 days out of the 15 years CSC 3rd would have gotten him and you think the judge threw the book at him? He could have received 2 years for the CSC 4th alone. I'm sure shagging at a playground is worth something as well.

He undoubtedly pleaded down to 4th in exchange for a guilty plea, then received time served and the normal list of stuff people receive when they sex up a 14 year old. I'd be highly suprised if there's a jurisdiction out there where ignorance of the other person's age is an affirmative defense. I've never heard of one. He should consider himself extremely lucky he isn't being passed around for cigarettes inbetween bouts of tossing salad in a "pound me in the ass prison."

This guy failed on multiple levels. He didn't ascertain her true age. He crossed state lines. He had sex with a child on a playground. Yeah, she pulled a fast one on him and should be punished for it. False Official Statements, Obstruction, whatever they could make stick should be done. But that doesn't change the fact this 19 year old had sex with a 14 year old.