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Prosecutor Argues She Would Have Let Rihanna's Abuser Off Easier
| posts about #prosecutorialdiscretion more → |
Prosecutor Argues She Would Have Let Rihanna's Abuser Off Easier |
06/23/09
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But if I
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.
06/23/09
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.
06/23/09
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.
06/23/09
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.
06/23/09
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.
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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.
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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.
06/23/09