Saturday, June 11, 2016
The real scandal in the Brock Turner case...
//The probation officer stated that in evaluating the case she weighed the fact that Turner did not have a criminal history, is "youthful," that he scored in the "low-moderate" range on the assessment of recidivism risk relative to other adult male sex offenders, and that he "expressed sincere remorse and empathy for the victim."
Long-time Santa Clara public defender Gary Goodman told Crimesider these things likely led her to deem this case "unusual" and recommend Turner avoid prison.
She continued: "During the presentence interview, the defendant demonstrated a comprehension that the victim, in her state, was unable to make an informed decision and in that moment he had a moral responsibility to act in her best interest, which he failed to do."
The probation officer wrote that she recommends a "moderate county jail sentence," three years of probation, and registration as a sex offender.
She also took Turner's status as a star swimmer into account, saying she weighed the fact that "his future prospects will likely be highly impacted as a result of his convictions, and he surrendered a hard earned swimming scholarship."//
A lot of hate is directed against the judge - which may be fair since he's supposed to represent justice and not merely the academic ideology of the current crop of university trained social workers - but judge's typically follow the sentencing recommendations of the probation department. In this case, the probation officer was a woman who characterized the rape as a "less serious" rape - which doesn't seem right - and pointed to the perp's chance of not recidivating, which may be true.
Under a therapeutic model of punishment, this may be a "good sentence" for that latter reason, but under any other standard it sucks, and not because it is sexist, but because we shouldn't be letting rich punks with good career prospects get away with violating drunken women.
In any event, I was curious about what happened, and a little digging turned up this interesting detail which is being overlooked.