To hell with them both. I know people i like came to their defense @kanye, etc. But seriously what a terrible example to set @Rhianna &@chrisbrown , i hope their careers tank and they end up in a trailer park where they belong
@veronykah: most likely. if you had a clean record and didn't seriously maim the person. and you didn't go into court spewing violent threats of future retribution like a lunatic.
@veronykah: I think if this was a bar fight between strangers or acquaintances you might even see a lighter sentence -- stay away order easier to comply with, shorter probation period.
@veronykah: Hm, then I guess this doesn't seem so light then. I always felt like it was implied that domestic violence was somehow treated less seriously than violence involving someone NOT related/involved with someone.
@AlexandraPalace: yes, he has a felony conviction, which in some states precludes him from voting FOR LIFE and if he was in any other profession would cause him serious problems in obtaining employment, housing (esp public housing) etc. and apparently he has to check in every three months (not very often, my clients usually have to go at least once a week at the beginning).
@veronykah: I know I think this is where a lot of disconnect happens and honestly, and I am not trying to start a shitstorm here or to suggest that you are part of this at all, but historically conflicts within feminism about how to use the criminal justice system have really exposed the class and race lines within feminism -- upperclass white feminists or others with privilege are less likely to have experience of the criminal justice system and more likely to discount the ill effects that harsh sentences against (mainly) men of color have on whole families including women, and are less likely to have perspective on how the system works generally.
What I think many people are missing is how long this probation is supposed to run and its effect on basically keeping Brown away from Rhianna. If he fucks up, he's going in. And on top of staying away from Rhianna, he has to submit to drug tests, go to therapy and clear many, many things by a PO.
Parole violators are pretty harshly treated by judges (see Paris). I wish the justice system used probation as a means to keep up with first time offenders in the hope of rehabilitating them (which is the main goal of the system, or used to be).
It's the cut and run sentences that worry me. This doesn't seem to be the case.
@Trulymadlyme: I agree that the punishment after a parole violation is harsher-- and with good reason. It is supposed to be a deterrent.
Yet my ex, on his first and only violation of parole, attempted to kill me. At the end of the day, a court order is just a piece of paper. He did receive more jail time because of the parole violation, but that wouldn't have saved me.
@curiousgeorgiana: I'm so sorry that you subjected to that danger. It must have been terrifying. I get the possibility of danger inherent in a parole violation.
Parole, ideally, is meant to facilitate the criminal's re-entry in society and further the goal of rehabilitating the criminal.
And sadly, it shouldn't just be a piece of paper. Where I work, many folks on parole have to submit to having tracking devices installed on their person. If they go to certain addresses, the police are basically notified and they're immediately (or fairly quickly) arrested. While not a panacea, it has been shown effective in curtailing repeat violent abusers.
Again, I'm sorry for what happened to you. But many, many people in the criminal justice system are trying to work to improve the system and keep what happened to you from happening again. Too often, it's slammed as being classist, racist, and ineffective. And while it is true in many ways, there has been some extensive progress in improving it. The tracking device, isn't perfect but it's been surprisingly effective (the PO's use it for drug cases and other contexts too).
@Trulymadlyme: Yeah, it's just that tracking devices are expensive so not all jurisdictions can use them in all cases where it might be helpful. The problem (and I hope this doesn't double post) is that crim law is largely backward looking, concerning itself with the relationship between the offender and the state. It's not really designed to help victims unfortunately.
@J.D.Regent: I completely agree about the navel gazing aspect of the system. And the lack of resources is probably the most frustrating thing since people don't want to spend money to improve it. That's usually the source of my daily head desking.
@Trulymadlyme: Yeah, you're assuming he'll get violated for violating his probation. What everybody's missing is that in reality men who beat women get a series of slaps on the wrist pretty much forever.
@Sister Toldja: Is that the case here? We had someone else say that he shouldn't go to jail because so many young black men were in jail. Never mind that Rihanna is a black woman.
@Ginmar Rienne: If he violates parole, his sentence will be invoked, most likely. While he may get out early (due to prison crowding), this is basically a problem with every single criminal in the state systems, including murderers that are often back out in a matter of a few years. That's a resources problem as much as it is a failure of the system until they end up in front of the feds and realize (1) parole is abolished and (2) the sentencing guidelines are way harsher and longer than anything any state would ever give.
Yuck. This hits close to home. I wish the system for dealing with domestic violence was better and not so accusatory of the person being abused.
I had an aunt that was in an abusive relationship, and she couldn't get assistance in getting him out of her house (he'd lived there long enough they determined he had a right to be there) or any sort of protection. When she decided to leave the house and couch surf until she could get it figured out, he killed her in a drunken rage. With full evidence, confession, and a witness, he got less than a year jail-time and no probation.
I have another aunt that is an abuser. On multiple occasions she beat and even attempted to kill her then-husband; once she even set up a situation that might have killed him and their kids shortly after they separated. Even as a jail guard with friends in the justice system, he couldn't even get her charged nor a serious investigation into the incidents (even with multiple witnesses). She did eventually get a year jail time, but not for abuse; it was for mail fraud. She's out now and he's always worried she's going to show up to his house with a weapon or he'll come home to a booby trapped gas line.
Domestic Violence is highly underrated in the criminal justice system.
There is no legal system in America other than what you can buy. Our courts are more of a caste system than anything. Hell, to "dunk the defendants and see if they float" methods of the inquisition were better than what we have now. For years minorities, in particularly the black community, have been saying all are NOT equal under the law. Guess they spoke the truth.
@Evie Havok: Yes, can you explain more what you mean? Do you mean that Brown was sentenced less severely because of his wealth and status... and that fewer marginalized groups may have the kind of wealth that keeps people from harsher sentences?? I think I completely agree, if I'm understanding what you're meaning.
@Evie Havok: I agree with that, I just disagree (not that you were arguing this) that Linda Fairstein was implying that in this article. If anything she was implying that in poorer communities offenders "get off" with less of a sentence because the community doesn't have the means to properly monitor the offenders, not because these defendants are buying their way out of trouble. In my experience sentences tend to be much harsher in wealthier communities. Now who is actually investigated, brought to trial and convicted in those communities is another manner all together.
Paris Hilton got jailtime for breaking her probation and flaunting her behavior and drinking in the media, in the face of the legal system. It seriously pissed off a judge, so she went to jail. I'm sure that if Chris Brown does the same thing, he'll get the same treatment.
And it's true: this is the kind of thing most first-time DV offenders get. So are you saying he should be treated harsher because he is famous? Because he's an "example"? Or do you truly want the justice system to ignore celebrity when making their decisions.
He did a FUCKED UP thing, but he didn't kill anyone. He's going to be monitored for a long time, and because he's legally required to go to counseling hopefully he'll get the help he needs.
We talk a lot on Jezebel about how abuse is a learned behavior, and one that people should have the chance to un-learn. So why shouldn't Brown get that chance?
@stoprobbers: I have to say I am just so uncomfortable when women push for harsher sentences in the name of feminism. The disproportionate effect of the criminal justice system on poor and minority men cannot be ignored. Of course we know that DV, rape and other gender based violence can be difficult for a variety of reasons to get justice for, but in the US I think the problems tend to be procedural, not that sentences are too short or light.
@stoprobbers: And the Paris Hilton argument is so wrong. She got jail time for violating probation. Using her as a proxy for whether the Brown sentence was fair is like comparing apples to oranges.
and these harsher sentences alone seem to accomplish nothing, in my experience, except making a person even more bitter, angry and negative. also most likely there are others in jail for the same reason so they have a common bond that does nothing to change their attitudes or behavior about why they're in prison in the first place.
our country is so lacking in effective processes for those who commit crimes... processes that can help those with learned or situational attitudes change for the better.
I think the prosecutor is right. I wish there were more like her. Brown DID get the 180 days of jail or hard labor in addition to the suspended sentence and probation, which is actually a huge bitch to deal with, especially for someone who is so used to being free, mobile, and unaccountable. Do people really want to INCREASE criminal penalties in this country, with the longest, harshest sentences in the world? Do you think four nights or four weeks or four months in jail on a first offense is going to make Chris Brown less likely to batter in the future?
It is also not really true that prosecutors can just decide unilaterally to offer harsh plea agreements. They have to offer something that is better than what the defendant is likely to get after losing at trial, otherwise what's the incentive? So it depends on what sentences are like in front of that judge and in that jurisdiction. There is really not as much breathing room as you would think and in my experience this is a very harsh sentence for a youthful first offender -- which yes, absolutely should be taken into consideration.
i was hoping to read your take on this~~ and i agree with you that simply piling on heavier and heavier jail time achieves nothing productive, especially in situations such as this one.
@J.D.Regent: agreed. I'm was on my way to post that I thought she was showing reasonableness in not unilaterally throwing the book at first time offenders. Bias? No, I don't see it.
@J.D.Regent: I'm pretty torn here, because I don't think that jail time "rehabs" a person or makes them less likely to be an abuser. But it seems to me that what is really missing here is some intense education/therapy. A year program can only do so much, and in jail abusers often are required to complete therapy and educational programs.
I'm also only familiar with the process for domestic assault convictions in Vermont. What I've noticed is that generally folks without a record who plead down to a misdemeanor level won't see jail time, and have a 6 month educational program to complete plus probation for a while. Often, however, these are felony level assaults that are plead down, and then I see the guys in my group. 6 months of group is not enough time to make any change, I consider it a success if someone appologizes without a cue for yelling at me or is honest about the abuse tactics he has used. I rarely see real changing beliefs/attitudes about women/violence/relationships. Repeat offenders, or guys with a history of violent crime, will usually see jail time. In jail they usually have to complete Cognitive Self Change, which is a behavior therapy. Out of jail they usually get sent to a 3-year intensive domestic violence education program, which has a higher "success" rate (or lower recidivism).
Of course, we can't just send everyone to jail for a long time. Maybe if we legalize pot and make some room.... :)
@apricotsquish: I'm right with you on decriminalizing drug use, and appreciate your insights on rehab. For sure we don't have enough good intervention programs, and I am not educated on which are the most effective. Do you see positive results from Cognitive Self Change? Do you think it is the length of the course that makes a difference? What makes the effective course "intensive?" I think that creative prosecutors could pitch all kinds of programs at defendants and judges would go along with it where they exist.
@apricotsquish: and ps, Vermont jails are some of the best in the country in terms of programming (with one exception for a weird sex offender program some of your jails use which is fucked up, but in a Vermonty way). So many jails in the US have no programs or shit ones so there is no rehab value at all to prison and they will get better intervention outside.
Excellent point made with the comparison to Paris Hilton considering jail time. The scary thing is that she even quoted Oprah saying that he would hit her again if she stayed with him. So that means that it's OK for him to be out, no jail time, for committing a crime that he will probably commit again to someone else? AND say he does start dating someone, and hurts her too, does he go to jail then? For how long? What if he 'accidentally' goes too far and kills someone?
@kkatt: you can't punish someone for something they haven't done yet. IF he assaults another person, not only will he be sentenced more harshly but he will also have probation revoked on this case and will serve time, more time than Paris Hilton had to.
One of the scariest rationales out there for going light on a violent offender (not that 5 years probation is necessarily light...) is that they are young. To me, that screams red flag - we have a problem that is going to get worse. SO many people said this about Brown; he's young, blah, blah, blah. And that cat killer kid, too. My husband's mom has a 10 yr old student who sounds like a serious sex offender in the making (heavy breathing prank calls to his TEACHER, breaks into other students' homes and SNIFFS THEIR PANTIES) and school officials are seemingly giving it the "oh, he's young" shrug. It drives me berserk.
Here is the rub, though: we can't incarcerate people who seem dangerous. Where would that end? We do civil commitments in some states for sex offenders who can't and won't be rehabilitated, but a) it's a hard test to satisfy and b) the test itself is irksome (one of the scoring markers in my state gives the offender more "points" in the civil commitment direction if he is a "loner" that's never had a live-in partner. But also sick? That guideline specifies that animals do not count as live-in partners. Ewwwwwwww).
@femputer: the idea is that people have time to change when they are young. They can change, especially young adults (Brown is only twenty) whose brains are not even done forming yet. But it requires INTERVENTION, not just a shrug of the shoulders. That's what we don't provide people.
@J.D.Regent: yes, and I what I was trying to say in the second part, qualifying the first, is what you said below: as tempting as it is, we HAVE to give those second chances and can't just lock people up because they seem like they might do something bad in the future.
@blueberrypancake: @J.D.Regent: in fact, my whole point is summed up by my whole comment, but let me paraphrase: the "he's young" thing irks me, but it is what is necessary to prevent locking people up as a preemptive crime fighting tool.
I always wonder why people feel it is acceptable to say such implicitly racist things out loud, or in print. A thug? As you say, Megan, Diddy is only a "thug role model" if you're a wealthy white woman who thinks all African-American men who produce and perform hip-hop music are "thugs."
@kithkin: I met one of my posh neighbors last night. The first thing she said to me was about "the Chinese" across the street and how they always leave their garbage on the sidewalk.
I'm always so shocked at this kind of thing that I can never formulate a reply.
This is the rationale that got my ex off with a light probation sentence as well. He was preppy in appearance, honors grad from a good school, and an officer in the military.
It took him stalking me for 2 years and finally pulling a loaded gun on me before he did jail time.
Rehab is important. Counseling is important. But as his intended victim, I did not feel protected in the courtroom.
@curiousgeorgiana: Jesus! I'm glad you're okay. That sounds terrifying.
Ignoring his race and appearance---which I recognize as a major reason he received light probation instead of something more severe---I think we need to develop a better system of judging who to and who not to give the "second chance" of rehab and counseling. I mean, how do you tell? Or how can we make it a less dangerous option for victims?
I think Chris Brown should have done some jail time. There was proof in the photos, Rihanna cooperated, and, as this piece points out, Paris Hilton got jail time. So did Lindsay Lohan and Nicole Richie and Khloe Kardashian (all deservedly so). This doesn't seem to be a case where they were blinded by celebrity, but I feel like no one involved pushed hard enough, or something - like everyone thought, oh, if I go for broke here, he's going to walk free, and no one wanted that, so everyone tiptoed around and he ended up with probation and everyone's calling it justice.
@LoSpaz: Honestly, I think 180 days of hard labor and 5 years probation is way harsher (and definitely more just and deserved, in this case) than a couple nights in jail.
I'm also really glad and a bit surprised that he pled guilty. I know it was just to get the plea deal, but still, it is an admission of guilt.
@LoSpaz: no, it's really not true that the sentence is shorter because he was a celebrity. This is totally typical and even on the harsh end of what he would face if he were not famous.
@katie.scarlett.o'hara: another good point. why the obsession with jail? plenty of defendants would much rather take a couple of weeks or a set of weekends in jail rather than living under the thumb of your probationer for FIVE YEARS. That is a seriously long time to be under state surveillance, forced to check in, take drug tests, be monitored, lectured to, and punished if you miss a meeting or phone call.
@J.D.Regent: this is such a good point. MANY people take 90 days or less of jail over some form of reporting probation that could go on for years and ultimately cost more in fines and court fees.
I agree that he was sentenced more harshly than most other first time dv offenders,* but I do think it's still a fair punishment. And for those advocating jail time- if the goal is both punishment and rehabilitation then incareceration is not the only suitable sentence.
*Full disclosure: I feel this way about the sentences for most young black men.
@STICKSnSCONES: and it's ONE ASSAULT. Yes, it was horrible. But do you think someone should go to jail for getting in a bar fight or a fight with a parent? I don't agree that domestic violence offenses should carry harsher penalties than other crimes. Maybe you want to create different sorts of interventions, but I don't see why jail time should be longer.
@J.D.Regent: "But do you think someone should go to jail for getting in a bar fight or a fight with a parent?"
Um, yes? Maybe not if it was a fairly minor fight, both parties threw a punch or two and that was the end of it. But if you smash someone's ribcage in a barfight how is that any different than walking up to someone on the street and smashing their ribcage in for fun?
@J.D.Regent: Agreed. I find the Court's sentence to be fair. Probation and a felony isn't a slap on the wrist people are making it out to be.
And @J.D.Regent: I completely, utterly agree with this reasoning. Also, when it comes to probation, there is going to be some serious restrictions that Brown will have to follow or else face jail time.
One thing people don't mention much is the issue of resources and the fact that this is taking place in California, a state where the prison system is literally over-capacity and releasing people on suspended sentences. I don't exactly know the degree to which it applies specifically here, but from a resources standpoint, this is why a lot of first time offenders are getting sentences that do not require prison time.
@colormeroutine: but if you're a first time offender with a job to keep, bills to pay and possibly a family to care for how does serious jail time really serve the community at large as opposed to reporting probation where said defendants actions can be monitored and he/she can continue to live their life and contribute to the community?
@STICKSnSCONES: I concur all around. It's no secret that young Black men are punished more stiffly than anyone and tossing the names of some celebutants out who violated their parole has nothing to do with the price of tea in china. I hope that he is rehabilitated and takes his time in counselling seriously.
@STICKSnSCONES: The issue here is not that he's black, it's that these guys need to be treated seriously or they will offend again. They're incredibly manipulative and often charming.
@Ginmar Rienne: I appreciate your remarks, but I'm not confused as to the issue. I'm a person of color, an attorney, and a woman who spent time volunteering in the community.
I don't believe jail time is the best solution for someone like Chris Brown. I agree with the commenters above. For the first offense of a youthful offender, mandatory therapy, a half a decade of probation, 180 days of hard labor, and a fleony conviction is by no means a light sentence. It's actually a quite thughtful sentence.
And I only mention race because I don't believe we can have an honest dialogue regarding sentencing and jail time without it. People of color are often incarcerated as a means to make the problem dissapear from sight with no attempt to actually rehabilitate a life that could be made productive or any other attempt to identify the reasons and and/or try to fix the issues underlying people of color's frequent run-ins with the law. It's a teribe kneee-jerk reaction to think jail is the only way/best way to punish someone.
I have to point out, respectfully, that being an attorney is an argument from authority, and tells me nothing about your views as a woman or your level of education as to Domestic Violence. I once was approached at a party by a Ph.D who taught, I believe economics, and informed that 'the Jews stayed home on 9/11' so I'm a bit skeptical of citing CVs. For that matter, my own brother informed me that I only had 'one tour in Iraq while I have two college degrees.' In accounting and political science---both nearly thirty years old.
Wife- and girl- friend beaters are extraordinarily privileged, self-pitying and manipulative. Brown already has in place millions of people who sympathized with him and tell him that Rihanna asked for it, often in extraordinarily sexist language. Many of them identify as POC.
Domestic violence offenders need to be taken seriously to give them the message that they will not be getting away with it. I'd urge you to look up the Duluth Project, which these type of abusers tend to despise because it pulls no punches and takes a hard line approach to their excuses and rationalizations.
I'm aware of the problems POC face with the law. HOwever, in this case, it appears that Brown is the one being backed up by his community, not Rihanna, as was the case in several other cases I've seen. The sexism in that kind of thing needs to be addressed. In another post about this subject, another poster brought up the fact that young black men are disproportionately sentenced to jail time, as if Brown should be given a slap on the wrist to right previous wrongs. The solution is to sentence people fairly, not let people off to redress past and current wrongs. The injustice in DV cases almost always goes to the woman. She is not taken seriously, or blamed, or subjected to intense criticism and harassment for getting such a charming guy in trouble.
This is not a knee-jerk response. I have done extensive reading on the subject, and Brown's light sentence is not going to teach him much. All abusers start off like this. His previous statements have not demonstrated any remorse or understanding of what he's done. I've posted links elsewhere in this topic and others. This case needs to be addressed as being an issue of justice to women. Women come first with me, and when the case involves man versus women, that's especially true.
@Trulymadlyme: That only happens if his parole officer takes it seriously. Statistically, male law enforcement personnel have a higher than civilian tendency to be domestic abusers themselves, and they are often protected by other officers, who don't want to see another officer's career ruined. Alas, a Blog has several excellent articles up about this problem.
@Ginmar Rienne: You are correct that a person's education level/career is not indicative of the depth of their understanding of a particular topic. But I haven't made any comments that would lead you to question my ability to process this subject matter (unless you consider disagreeing with your views to equate ignorance), so your remarks dismissing my race/gender/career reference seem rather passive-aggressive.
You started off commenting to me by declaring "race is not the issue," when I never said it was. I've mainitained that it is part of the discourse, and a part of the discourse that priviliged people tend to ignore.
More than that, your sweeping generalizations regarding "these guys" and "all abusers start off this way" strike a warning chord with me. As does, "In another post about this subject, another poster brought up the fact that young black men are disproportionately sentenced to jail time, as if Brown should be given a slap on the wrist to right previous wrongs."
Not having read that comment, I can't speak for what the poster intended. But my concern is that jail is too often the go-to punishment in cases where it is not warranted and the person on the receiving end tends to be a young person of color. This has nothing to do with righting past wrongs and everything to do with breaking cycles and finding ways to truly rehabilitate.
You've also over-generalized by concluding that "POC" are backing up CB and advocating a light sentence/slap on the wrist. This is incorrect. As with any community, we are divided amongst age, socio-economic status, personal experience, education, etc.
And unless you missed the point of my earlier comment, I'm unsure why you'd be instructing me regarding the solution to unfair sentencing...I've already inidicated that I don't think this sentence is unfair- I think it is appropriate. The overriding theme of all my comments has been that the sentence can be appropriate/fair/tough without jail time. Though, you've failed to address them, my reasons are mentioned above.
I also find it hard to believe that you've done extensive reading on the subject of DV sentencing if you regard this as a light sentence, but I imagine that brings us full-circle since that was my initial point anyway.
@STICKSnSCONES: I'm a law student interning in the DV bureau at a DA's office in NY this summer, and your comments seem pretty spot-on from the little I've seen so far. I absolutely agree that it's a thoughtful sentence, and that while prosecutors and the public may judge "success" in jail time, the real success comes from anything that will deter the abuser from abusing again. Of course Brown must be punished for the assault, just as any other violent felony offender would be. But I really fail to see how jail time (for the reasons mentioned, his age, first-time offender status, relatively "productive" to society) would benefit Rihanna, Chris Brown or California, any more than the sentence given will.
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I love Jez, I learn new things everyday.
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Parole violators are pretty harshly treated by judges (see Paris). I wish the justice system used probation as a means to keep up with first time offenders in the hope of rehabilitating them (which is the main goal of the system, or used to be).
It's the cut and run sentences that worry me. This doesn't seem to be the case.
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Yet my ex, on his first and only violation of parole, attempted to kill me. At the end of the day, a court order is just a piece of paper. He did receive more jail time because of the parole violation, but that wouldn't have saved me.
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Parole, ideally, is meant to facilitate the criminal's re-entry in society and further the goal of rehabilitating the criminal.
And sadly, it shouldn't just be a piece of paper. Where I work, many folks on parole have to submit to having tracking devices installed on their person. If they go to certain addresses, the police are basically notified and they're immediately (or fairly quickly) arrested. While not a panacea, it has been shown effective in curtailing repeat violent abusers.
Again, I'm sorry for what happened to you. But many, many people in the criminal justice system are trying to work to improve the system and keep what happened to you from happening again. Too often, it's slammed as being classist, racist, and ineffective. And while it is true in many ways, there has been some extensive progress in improving it. The tracking device, isn't perfect but it's been surprisingly effective (the PO's use it for drug cases and other contexts too).
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@Sister Toldja: Is that the case here? We had someone else say that he shouldn't go to jail because so many young black men were in jail. Never mind that Rihanna is a black woman.
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I had an aunt that was in an abusive relationship, and she couldn't get assistance in getting him out of her house (he'd lived there long enough they determined he had a right to be there) or any sort of protection. When she decided to leave the house and couch surf until she could get it figured out, he killed her in a drunken rage. With full evidence, confession, and a witness, he got less than a year jail-time and no probation.
I have another aunt that is an abuser. On multiple occasions she beat and even attempted to kill her then-husband; once she even set up a situation that might have killed him and their kids shortly after they separated. Even as a jail guard with friends in the justice system, he couldn't even get her charged nor a serious investigation into the incidents (even with multiple witnesses). She did eventually get a year jail time, but not for abuse; it was for mail fraud. She's out now and he's always worried she's going to show up to his house with a weapon or he'll come home to a booby trapped gas line.
Domestic Violence is highly underrated in the criminal justice system.
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Chris Brown did get a tougher sentence because he is famous (not that I'm shedding a tear for him) than other first time offenders.
Regarding the thug comment, P-Diddy would be flattered to be called one. If she had said that about John Legend then maybe I would be offended.
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And it's true: this is the kind of thing most first-time DV offenders get. So are you saying he should be treated harsher because he is famous? Because he's an "example"? Or do you truly want the justice system to ignore celebrity when making their decisions.
He did a FUCKED UP thing, but he didn't kill anyone. He's going to be monitored for a long time, and because he's legally required to go to counseling hopefully he'll get the help he needs.
We talk a lot on Jezebel about how abuse is a learned behavior, and one that people should have the chance to un-learn. So why shouldn't Brown get that chance?
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and these harsher sentences alone seem to accomplish nothing, in my experience, except making a person even more bitter, angry and negative. also most likely there are others in jail for the same reason so they have a common bond that does nothing to change their attitudes or behavior about why they're in prison in the first place.
our country is so lacking in effective processes for those who commit crimes... processes that can help those with learned or situational attitudes change for the better.
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It is also not really true that prosecutors can just decide unilaterally to offer harsh plea agreements. They have to offer something that is better than what the defendant is likely to get after losing at trial, otherwise what's the incentive? So it depends on what sentences are like in front of that judge and in that jurisdiction. There is really not as much breathing room as you would think and in my experience this is a very harsh sentence for a youthful first offender -- which yes, absolutely should be taken into consideration.
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i was hoping to read your take on this~~ and i agree with you that simply piling on heavier and heavier jail time achieves nothing productive, especially in situations such as this one.
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I'm also only familiar with the process for domestic assault convictions in Vermont. What I've noticed is that generally folks without a record who plead down to a misdemeanor level won't see jail time, and have a 6 month educational program to complete plus probation for a while. Often, however, these are felony level assaults that are plead down, and then I see the guys in my group. 6 months of group is not enough time to make any change, I consider it a success if someone appologizes without a cue for yelling at me or is honest about the abuse tactics he has used. I rarely see real changing beliefs/attitudes about women/violence/relationships.
Repeat offenders, or guys with a history of violent crime, will usually see jail time. In jail they usually have to complete Cognitive Self Change, which is a behavior therapy. Out of jail they usually get sent to a 3-year intensive domestic violence education program, which has a higher "success" rate (or lower recidivism).
Of course, we can't just send everyone to jail for a long time. Maybe if we legalize pot and make some room.... :)
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Here is the rub, though: we can't incarcerate people who seem dangerous. Where would that end? We do civil commitments in some states for sex offenders who can't and won't be rehabilitated, but a) it's a hard test to satisfy and b) the test itself is irksome (one of the scoring markers in my state gives the offender more "points" in the civil commitment direction if he is a "loner" that's never had a live-in partner. But also sick? That guideline specifies that animals do not count as live-in partners. Ewwwwwwww).
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I'm always so shocked at this kind of thing that I can never formulate a reply.
06/23/09
It took him stalking me for 2 years and finally pulling a loaded gun on me before he did jail time.
Rehab is important. Counseling is important. But as his intended victim, I did not feel protected in the courtroom.
06/23/09
Ignoring his race and appearance---which I recognize as a major reason he received light probation instead of something more severe---I think we need to develop a better system of judging who to and who not to give the "second chance" of rehab and counseling. I mean, how do you tell? Or how can we make it a less dangerous option for victims?
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I'm also really glad and a bit surprised that he pled guilty. I know it was just to get the plea deal, but still, it is an admission of guilt.
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*Full disclosure: I feel this way about the sentences for most young black men.
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Um, yes? Maybe not if it was a fairly minor fight, both parties threw a punch or two and that was the end of it. But if you smash someone's ribcage in a barfight how is that any different than walking up to someone on the street and smashing their ribcage in for fun?
06/23/09
And @J.D.Regent: I completely, utterly agree with this reasoning. Also, when it comes to probation, there is going to be some serious restrictions that Brown will have to follow or else face jail time.
One thing people don't mention much is the issue of resources and the fact that this is taking place in California, a state where the prison system is literally over-capacity and releasing people on suspended sentences. I don't exactly know the degree to which it applies specifically here, but from a resources standpoint, this is why a lot of first time offenders are getting sentences that do not require prison time.
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I don't believe jail time is the best solution for someone like Chris Brown. I agree with the commenters above. For the first offense of a youthful offender, mandatory therapy, a half a decade of probation, 180 days of hard labor, and a fleony conviction is by no means a light sentence. It's actually a quite thughtful sentence.
And I only mention race because I don't believe we can have an honest dialogue regarding sentencing and jail time without it. People of color are often incarcerated as a means to make the problem dissapear from sight with no attempt to actually rehabilitate a life that could be made productive or any other attempt to identify the reasons and and/or try to fix the issues underlying people of color's frequent run-ins with the law. It's a teribe kneee-jerk reaction to think jail is the only way/best way to punish someone.
06/23/09
I have to point out, respectfully, that being an attorney is an argument from authority, and tells me nothing about your views as a woman or your level of education as to Domestic Violence. I once was approached at a party by a Ph.D who taught, I believe economics, and informed that 'the Jews stayed home on 9/11' so I'm a bit skeptical of citing CVs. For that matter, my own brother informed me that I only had 'one tour in Iraq while I have two college degrees.' In accounting and political science---both nearly thirty years old.
Wife- and girl- friend beaters are extraordinarily privileged, self-pitying and manipulative. Brown already has in place millions of people who sympathized with him and tell him that Rihanna asked for it, often in extraordinarily sexist language. Many of them identify as POC.
Domestic violence offenders need to be taken seriously to give them the message that they will not be getting away with it. I'd urge you to look up the Duluth Project, which these type of abusers tend to despise because it pulls no punches and takes a hard line approach to their excuses and rationalizations.
I'm aware of the problems POC face with the law. HOwever, in this case, it appears that Brown is the one being backed up by his community, not Rihanna, as was the case in several other cases I've seen. The sexism in that kind of thing needs to be addressed. In another post about this subject, another poster brought up the fact that young black men are disproportionately sentenced to jail time, as if Brown should be given a slap on the wrist to right previous wrongs. The solution is to sentence people fairly, not let people off to redress past and current wrongs. The injustice in DV cases almost always goes to the woman. She is not taken seriously, or blamed, or subjected to intense criticism and harassment for getting such a charming guy in trouble.
This is not a knee-jerk response. I have done extensive reading on the subject, and Brown's light sentence is not going to teach him much. All abusers start off like this. His previous statements have not demonstrated any remorse or understanding of what he's done. I've posted links elsewhere in this topic and others. This case needs to be addressed as being an issue of justice to women. Women come first with me, and when the case involves man versus women, that's especially true.
@Trulymadlyme: That only happens if his parole officer takes it seriously. Statistically, male law enforcement personnel have a higher than civilian tendency to be domestic abusers themselves, and they are often protected by other officers, who don't want to see another officer's career ruined. Alas, a Blog has several excellent articles up about this problem.
06/23/09
You started off commenting to me by declaring "race is not the issue," when I never said it was. I've mainitained that it is part of the discourse, and a part of the discourse that priviliged people tend to ignore.
More than that, your sweeping generalizations regarding "these guys" and "all abusers start off this way" strike a warning chord with me. As does, "In another post about this subject, another poster brought up the fact that young black men are disproportionately sentenced to jail time, as if Brown should be given a slap on the wrist to right previous wrongs."
Not having read that comment, I can't speak for what the poster intended. But my concern is that jail is too often the go-to punishment in cases where it is not warranted and the person on the receiving end tends to be a young person of color. This has nothing to do with righting past wrongs and everything to do with breaking cycles and finding ways to truly rehabilitate.
You've also over-generalized by concluding that "POC" are backing up CB and advocating a light sentence/slap on the wrist. This is incorrect. As with any community, we are divided amongst age, socio-economic status, personal experience, education, etc.
And unless you missed the point of my earlier comment, I'm unsure why you'd be instructing me regarding the solution to unfair sentencing...I've already inidicated that I don't think this sentence is unfair- I think it is appropriate. The overriding theme of all my comments has been that the sentence can be appropriate/fair/tough without jail time. Though, you've failed to address them, my reasons are mentioned above.
I also find it hard to believe that you've done extensive reading on the subject of DV sentencing if you regard this as a light sentence, but I imagine that brings us full-circle since that was my initial point anyway.
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