What are we to make of the victim's opinion that "Polanski has paid for his crimes" and that the US should pardon him? Is this a mitigating factor at all, if not legally, then at least in terms of public opinion?
It shouldn't really be important.
If we base the decision to pardon people based on what the victims want, then we run the risk of having situations where a victim can be unduely influenced by money (thus giving wealthy people MORE of an advantage than they already have), threats/fear, or general insecurity. Rape is wrong, regardless of who the victim was, if they are mentally able to handle it or not, or whether the perp is rich enough to bribe the victim.
What of the distinction between pedophilia and hebephilia, which is a preference for pubescent youths rather than pre-pubescent children? Excoriating Polanski for pedophilia ignores that there are physiological, psychological, medical and legal distinctions between pre- and post-pubescent minors, and between the crimes of pedophilia and hebephilia. Aren't these mitigating factors as well?
Nope, not at all. Even if there is a difference between pre- and post-pubescent minors, the important distinction is that there are also differences between post-pubescent minors and fully grown adults, both in bilology, life experiences, etc.
What, too, of the facts that in 1976 Polanski served 40+ days of incarceration for the charges...,
Well, there are 2 possibilities...
If Polanski was going to (or does) get sentenced to a long prision term, then 40+ days is pretty minor compared the the rest of the sentence.
If Ponanski gets sentenced to a very short sentence, then he really doesn't end up spending much time in jail at all (heck, he might even get sentenced to 'time serve'.)
... that he has been banished from the global center of his profession for 30+ years (which surely counts as some degree pf punishment),
Many individuals in the enterainment industry do not live or work in the hollywood area. And while I'm sure he would have liked to have had the opportunity to travel to the U.S., Polanski still was able to find work after he fled. This is a guy that has multiple houses in Europe, who has probably earned millions of dollars in the past couple of decades. If that's punishment, then where do I apply for my own 'punishment'?
and that the presiding judge in 1976 was demonstrably guilty of numerous acts of judicial misconduct?
First of all, I believe the most serious act of misconduct was ex parte communications with one of the prosecutors. However, as I have already pointed out, the prosecutor that initially made that claim has since RENOUNCED some of his statements.
Secondly, even if there were acts of misconduct, we won't know, because we never actually got to the sentencing. And even if there WERE sentencing problems, the time to handle that is through the appeals process.
He's already suffered punishment, has small chance of recidivism at 76 years of age...
So? We continue to prosecute nazi war criminals even though there's little risk of them starting up the holocaust again. (Not that I'm trying to belittle the holocaust. Genocide is a more serious crime, but rape of a child shouldn't be taken lightly either.