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Feb 12 2022 02:37am
Jeffery Epstein asked that same question.
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Feb 14 2022 10:01am
Quote (Black XistenZ @ Feb 11 2022 08:00pm)
But that is clearly not the point of the criticism here. This is not a debate about how harsh or lenient the justice system should be, it is a debate about how dangerous a precedent it sets when political partisanship becomes a mitigating or aggravating factor in the criminal justice system. Last page, you said that you agree that it's fucked up to commute a sentence because the prosecutor agrees with the partisan motivation of the crime, but aren't bothered because you like the consequences in this particular case.

We don't even need to jump into deep philosophical debates about deontology vs ethics of responsibility like goom and skinned alluded to - your pragmatist argument doesn't even hold on its own because the faulty process is leading to not just one, but two outcomes here: a lighter and perhaps more adequate sentence for the defendant, and a normalization of partisan justice which would undermine justice itself. Even from a pragmatist standpoint, the faulty process in this case is so egregious and evidently dangerous that no welcome single-case consequence (lighter sentence for one single man) arising from this process can outweigh it.


disagree, this is some fringe case of sentence reduction, nothing more.

Did Brock Turner's case lead to white males nationwide getting no jail time for cold hard rape? no.

if this DOES lead to more political reductions of sentences ill be happy to amend my stance. pragmatic stances deal with reality, not fear mongering hyper paranoia.
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Feb 14 2022 11:11am
Quote (thesnipa @ Feb 14 2022 10:01am)
disagree, this is some fringe case of sentence reduction, nothing more.

Did Brock Turner's case lead to white males nationwide getting no jail time for cold hard rape? no.

if this DOES lead to more political reductions of sentences ill be happy to amend my stance. pragmatic stances deal with reality, not fear mongering hyper paranoia.


I'm still a bit mystified why the Brock Turner case of all things gets such an impact. They were both piss drunk, with BAC about three times the legal limit, and there's nothing to contradict that they left the party with each other willingly and made out. She was unconscious and he was fingering her, but even if she was conscious neither of them could consent to sex. There's no evidence he was a predator targeting a vulnerable person. Nobody involved could testify that he didn't receive consent before she went unconscious, and if he did, then the only issue was him keeping at it after she left consciousness. Even the victim had no incriminating testimony because she had no recollection. Without any evidence proving criminal intent, you have to assume the most charitable case otherwise. The entire trial and aftermath consisted of agenda that overturned that burden of proof and basically said he had to prove he was innocent, or else he was assumed guilty of rape. And he was convicted on that, and the controversy was that his sentence wasn't harsh enough even after that insult to civil liberties, and so they had to make sure to pillory the judge for following the guidelines and sentencing recommendations so that future cases would require judges to throw the book at a defendent or else getting targeted yourself.

I mean, it was a he-said-nobody-said, and that became the modern day landmark case in sex prosecutions? Even the witch trials based their prosecutions on spectral evidence from accusers
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Feb 14 2022 11:33am
Quote (Goomshill @ Feb 14 2022 12:11pm)
I'm still a bit mystified why the Brock Turner case of all things gets such an impact. They were both piss drunk, with BAC about three times the legal limit, and there's nothing to contradict that they left the party with each other willingly and made out. She was unconscious and he was fingering her, but even if she was conscious neither of them could consent to sex. There's no evidence he was a predator targeting a vulnerable person. Nobody involved could testify that he didn't receive consent before she went unconscious, and if he did, then the only issue was him keeping at it after she left consciousness. Even the victim had no incriminating testimony because she had no recollection. Without any evidence proving criminal intent, you have to assume the most charitable case otherwise. The entire trial and aftermath consisted of agenda that overturned that burden of proof and basically said he had to prove he was innocent, or else he was assumed guilty of rape. And he was convicted on that, and the controversy was that his sentence wasn't harsh enough even after that insult to civil liberties, and so they had to make sure to pillory the judge for following the guidelines and sentencing recommendations so that future cases would require judges to throw the book at a defendent or else getting targeted yourself.

I mean, it was a he-said-nobody-said, and that became the modern day landmark case in sex prosecutions? Even the witch trials based their prosecutions on spectral evidence from accusers


yes, that is what is known as rape.
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Feb 14 2022 12:50pm
Quote (thesnipa @ Feb 14 2022 11:33am)
yes, that is what is known as rape.


Do you think there's a moral equivalency between two people getting drunk of their own accord at a party, leaving together, making out consensually, then both verbally consenting to sexual activity, then one passes out and thus it 'becomes rape of an incapacitated person (by another incapacitated person)'- versus lets say a predator lurking in an alley who grabs a random woman walking by, gags her, pulls down her pants and forcibly rapes her?
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Feb 14 2022 12:53pm
Quote (Goomshill @ Feb 14 2022 01:50pm)
Do you think there's a moral equivalency between two people getting drunk of their own accord at a party, leaving together, making out consensually, then both verbally consenting to sexual activity, then one passes out and thus it 'becomes rape of an incapacitated person (by another incapacitated person)'- versus lets say a predator lurking in an alley who grabs a random woman walking by, gags her, pulls down her pants and forcibly rapes her?


no. the better question is do i think the former deserves jail time? yes.

the latter deserves castration and decades in prison, but i'll settle for decades in prison.

the former made headlines for the same reason you're raising in this case, the judge used personal feelings about the person to severely lesson the sentence. he could swim good, so he got no jail time, his star was shining too bright. i wonder if the judge would have given him jail time had he known he'd made the kid a pariah with the sentence, made him persona non grata to any collegiate swim team, and turned his face into the american face of frat boy rapists. in hindsight im sure Turner would have been happy to do 6 months or even a year even if it came with a lifetime ticket on the sexual offender's list.

This post was edited by thesnipa on Feb 14 2022 12:54pm
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Feb 18 2022 12:40pm
Speaking of which, Kim Potter was sentenced to just 2 years.
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