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Rape   Law & Disorder

Started 12/29/12 by Cstar1; 47278 views.
CruisingCats

From: CruisingCats

8/29/13

I wish I were there!
In reply toRe: msg 91
Cstar1
Host

From: Cstar1

8/29/13

The forgotten rapes of Detroit. All 11,304 of them.
In reply toRe: msg 92
Cstar1
Host

From: Cstar1

8/30/13

A Montana judge said he regrets controversial comments he made when he sentenced a former teacher to only 30 days in jail for raping a 14-year-girl who later committed suicide.

ABC

He now calls his own comments "stupid, and wrong" but still stands behind the 30 day sentence given to the teacher.


In reply toRe: msg 93
Cstar1
Host

From: Cstar1

9/3/13

Montana judge says month-long prison term for rape may be too lenient feeds.reuters.com/~r/Reuters/dom

Cstar1
Host

From: Cstar1

9/5/13

State Asks High Court to Block Rape Case Hearing

ABC News - ‎19 minutes ago‎
Montana's attorney general has asked the state Supreme Court to block a judge's attempt to resentence a former Montana teacher convicted of raping a student.
Jeri (azpaints)

From: Jeri (azpaints)

9/6/13

Hopefully the AG wins his case and the case goes to the SC for appeal....at least that makes him serve more time!
Cstar1
Host

From: Cstar1

9/6/13

I'm not sure which would be better. I found that story confusing.
CruisingCats

From: CruisingCats

9/6/13

I don't know how I feel about this, honestly. I think the rapist should have gotten many years in prison. And I feel the judge needs to be required to step down. But should someone be sentenced, then be required to be resentenced for the same crime?
Jeri (azpaints)

From: Jeri (azpaints)

9/6/13

The story is confusing, but what I gathered is that the state has a minimum sentence for this crime.  The judge ignored the minimum sentence under the law.   

The AG immediately filed for an appeal of the incorrect sentence.   IMPO, the judge got so much heat, and he got 'edumacated' by his peers that he had given an inappropriate and probably illegal sentence to the rapist.  

So now the judge wants to hold a hearing (today) to change his sentence to meet the state law.  The AG and the Defense both state that the judge does not have the power to simply hold a hearing and resentence the offender.  The State Appeals court, per the AG, must now review the case and "officially" send it back to the judge with the order to change the sentence to comply with state law.

My comment meant that the Appeals Court hearing probably would take at least a couple of weeks, all during which the guy is in jail.  Then another couple weeks, if not longer, for the judge to set a hearing about a new sentence, giving time for both prosecutor and defense to file any motions.  Again, the offender is still in jail.  So, my comment meant that the original sentence was 30 days...but the appeal process could take much longer, all during which he is in jail - and then add the additional sentencing time.  He spends more than 30 days in jail just waiting to see how much time he will have to spend in jail.
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