19 May 2006

YOU BE THE JUDGE, err Politician ?!?!?

This is a real case. The names have been left out to protect... me.

A 14 year-old boy, with a functioning level of perhaps an 8 year-old, is "caught" by his step-mother "putting a q-tip into the vagina" of his 9 month-old step-sister. She demands that the father call the police, and under pressure from his new wife, father waives the child's right to an attorney. The child admits he did what the step-mother said, and without counsel is waived into adult court and convicted- as an adult -of 1st degree CSC (Criminal Sexual Conduct). What should his sentence be, judge?

The republican-controlled Michigan Legislature has said that THEY know what the sentence MUST be. They have passed a bill making this offense punishable by a MANDATORY 25-year minimum sentence. The child MIGHT be eligable for his first parole hearing around his 40th birthday.

Now some other facts that came out AFTER the conviction.

The child, WITH THE IQ OF AN 8 YEAR-OLD, had a habit of trying to imitate and help his step-mother, who at best resented his being in the family with her own child and her new husband, and at times HATED his mental slowness. The child explained to his therapist- AFTER CONVICTION- he often saw "mommy clean the baby" in the same way and only wanted to help. Being as this was the first time anyone listened to the child, the counselor wanted the case reheard. Under Michigan law that could only happen if the Prosecutor and Judge agreed to set aside the entire case and start again. The judge agreed, and even asked an attorney (guess who) to provide the legal counsel the child had never received; the prosecutor did not. The child, now a young adult, will have to register as a sex offender for life, but luckily for him the new mandatory sentence HAD NOT YET gone into effect. It should by next week. Anyway, given ALL the facts, What should his sentence be NOW, judge?

The legislature says that none of this matters. The legislature says that the ONLY possible sentence for 1st Degree CSC is a 25 year minimum. No discretion to judges. No discretion at all.

I say... Well, I hope you know what I say. Cow Manure, Horse Pucky. But this is what you get when your only issues are "I am so very tough on crime" and "at least Gay people can't get married."

1 Comments:

Blogger lafindboy said...

I believe that this is called blind justice...if it can be called justice at all. It seems that some people are enamoured of punishment and imprisonment to the extent that compassion and understanding are seen weakness.

Good blog. I will be visiting again

21/5/06 08:30  

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