ponderingturtle
Orthogonal Vector
- Joined
- Jul 11, 2006
- Messages
- 54,545
His letter about hearing the testimony of his victims being to hard on him was particularly galling.
I could not disagree more. he derserved the tongue lashing he got from the judge.
If the judge would have spoken this way during a trial, yes it would be wrong. But his was the sentencing
I will save my sympathy for the guy's victims, thank you.
I don't think it has anything to do with sympathy, but rather with professionalism. If the judge's comments make him appear biased or ideological in some way, it might appear to affect his sentencing.
Life without the possibility of parole is not an available sentence for rape in the US. However, consecutive sentences can be assigned for multiple crimes adding up to an amount of prison time that would prevent the possibility of parole.
As for the judge's comments, they can't be the subject of an appeal since Nassar pleaded guilty and the sentence is a lawful one.
Yea what a meanie dirty poo. She should never have said all those bad things to that nice man.
True, but a judge is certainly allowed to express anger and even disgust at the actions of which the defendant was convicted, particularly for unusually heinous crimes. That is why judges have the authority (the responsibility) for choosing a particular sentence from among the range of sentences available- to match the nature of the crime. Part of the judge's responsibility invokes explaining the basis for the sentence imposed. I believe the judge's comments in this case fit well within that criterion and are appropriate.
True, but a judge is certainly allowed to express anger and even disgust at the actions of which the defendant was convicted, particularly for unusually heinous crimes. That is why judges have the authority (the responsibility) for choosing a particular sentence from among the range of sentences available- to match the nature of the crime. Part of the judge's responsibility invokes explaining the basis for the sentence imposed. I believe the judge's comments in this case fit well within that criterion and are appropriate.
.......As for the judge's comments, they can't be the subject of an appeal since Nassar pleaded guilty and the sentence is a lawful one.
Are there a lot of judges who don't find confessed child rapists repugnant? With reasonable doubt completely off the table, I don't see how the judge's comments could have any relevance to an appeal, especially after days of victim testimony.Is that really what you took from what I wrote? Wow.
I'm much more interested in the independence and status of the judiciary, and about due process in which the judges personal views are subservient to their duties in impartially dealing with matters before them. If a judge displays repugnance for the defendant, that would hand the defendant a perfect thing to take to appeal: the judge was biased. Many a judgement has been later thrown out, you'll recall, because of biased or erroneous summing up by the judge.
Are there a lot of judges who don't find confessed child rapists repugnant? With reasonable doubt completely off the table, I don't see how the judge's comments could have any relevance to an appeal, especially after days of victim testimony.
You don't see how a judge expressing personal repugnance at a defendant prior to handing down an enormous sentence doesn't present the defendant with an opportunity to appeal? Well, OK, I probably can't help any more with that, other than just keep repeating the same thing.
Some of the details I've read aren't borderline at all. They're actually rape.I should have used the term abuse instead of harassment. In fact, some of it, when you read the details, was borderline rape.
Are there a lot of judges who don't find confessed child rapists repugnant? .....
Pleading guilty to lesser included charges does not make someone any less a rapist.He pleaded guilty to sexual assault, as I understand it. Not rape. So this is hyperbole.
And I'm not defending judges who won't keep their mouths shut when nothing more needs to be said. All I am saying is that the idea that the comments should constitute grounds for appeal is ridiculous.Look, I see how this looks.....but you're wrong. I am not defending this nauseating man and his repugnant actions. I am querying the behaviour of the judge, as much as anything because if that happened here it would give the guy a fair chance of getting out of prison very much sooner than otherwise he might.
Pleading guilty to lesser included charges does not make someone any less a rapist.........
.......All I am saying is that the idea that the comments should constitute grounds for appeal is ridiculous.......
http://statelaws.findlaw.com/michigan-law/michigan-rape-laws.htmlNo, indeed. But that's not what you said. You said that he had confessed to child rape.
Thus, rape.Sexual Assault (generally): Sexual assault is any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion.