The Horror of the Prison Promoting, Judge Recalling Movement
09 June, 2018, 07:59 | Author: Wade Massey
Persky, who declined to comment, said repeatedly that he couldn't discuss the case that spurred the recall because Turner has appealed his conviction.
The Democratic-controlled state legislature subsequently passed a law requiring judges to sentence those guilty of sexual assault to prison time rather than the county jail, as in Turner's case, and to prescribe longer terms of incarceration, this under conditions where, in 2011, the United States Supreme Court wrote that California's state prisons were so dangerously overcrowded that it violated the Eighth Amendment right of prisoners to be free from "cruel and unusual punishment".
"This is a sad day for the California judiciary", said LaDoris Cordell, a former Santa Clara County judge who was active in the campaign against the recall.
He set off a storm of outrage in 2016 after he handed down what was perceived as a far too lenient sentence in the sexual assault trial of Stanford student Brock Turner. It has "encouraged people to think of judges as no more than politicians", she said. There has not been a judge recall in the state since 1932. He initially faced charges of judicial misconduct instigated by his enemies in the Stanford faculty, but a judicial panel cleared him in December, 2016.
Critics of the recall movement questioned the prudence of removing a judge for a single unpopular decision.
While the recall campaign began a year ago, it gained reinforcement from the #metoo witchhunt launched last fall by the New York Times and the New Yorker, which quickly spread throughout the corporate-controlled media and Hollywood.
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A jury, however, rejected his defense and he was convicted of three felonies.
The Associated Press doesn't general identify victims of sexual crimes.
He continued: "The problem with this recall is it will pressure judges to follow the rule of public opinion as opposed to the rule of law". "It's hard to get all the petitions signed, and then keep the anger level up", said Indiana University law Prof.
The case was also seen as an extreme example of white male privilege, as Persky said in court that a "prison sentence would have a severe impact on [Turner]", as the man was a promising Stanford University swimmer at the time of his prosecution.
Persky said he was adopting the probation department's recommendation to spare Turner prison for several reasons, including Turner's age, clean criminal record and the fact that both Turner and the victim were intoxicated. California Chief Justice Rose Bird was removed in 1986 in a retention election over her opposition to the death penalty.
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