ehhh rarely happens right ....
Public OUTRAGE leads to judge admitting fault for wrong sentencing .....
Stacey Rambold a former teacher at Billing Senior High School was convicted of raping a 14 year-old female student, who later committed suicide before her 17 birthday. This case went to trial in Yellowstone County, Montana. What brought this case to the media was why a rapist only got a 30 day jail sentence. Once the media got a hold of these there was more public backlash than ever.
The discrepancies in sentencing criminal in the criminal justice system is more prevalent than ever. Take for example the famous Michael Vick dog fighting case. Mr. Vick was convicted of running an illegal dog fighting ring across states and was sentenced to 21 months in jail. Where as a rapist gets a lesser sentence as shown in Mr. Rambold case. Is it fair that a dogs life is valued more than a human I personally don't think so this is just one example there is plenty more.
However, reading an article on CNN ( article link below) the judge presiding over Mr. Rambald case was quoted saying "if I'd been more alert or if the state had pointed out." The judge clearly admits fault of sentencing a rapist to less than the minimum 2 year sentence. Now that the public is outraged the judge tries to correct his mistake by calling for another sentencing hearing to try and overturn his previous sentence.
http://www.cnn.com/2013/09/06/us/montana-teacher-rape/index.html?iref=allsearch
The prosecutors over the case have filed an appeal with the Supreme Court trying to overturn the sentence. This case is still pending keep a look out ....
Youtube click of CNN Coverage - Outage over 30-day sentence for rapist
What an atrocious sentencing by an obviously incompetent judge. I don't understand how it is possible that things like this happen. The judge should be reprimanded by the State bar or whichever institution is put in place to take care of things like this.
ReplyDeleteAll that being said, this case might bring up some very interesting legal issues. Obviously a judge cannot just take back his sentencing but what can be done in circumstances such as this when it is obvious that the punishment does not fit the crime. Wouldn't questions of double jeopardy come into play here? As poor as the sentence was, can the judge issue another ruling because now there is public outcry? I don't know the answers to any of these questions; let me know if you do.
By the way his quote in that article leads me to believe that he is seeking an excuse for his terrible sentencing. In my opinion, this man should never be able to judge a case again. Horrible judgement is an understatement.
Its not really a case of double jeopardy from my understanding the judge cant reverse the decision but the prosecution/defense team has filed an appeal with the state Supreme Court of Montana and they will review the case and make any further decisions. I think the public outcry brought attention to the cause and furthermore put a spotlight on the case as it should be review.
ReplyDeleteAlthough the judge may not be able to issue a different sentence for this case like Ernesto I feel the judge should be reprimanded. The judge is quoted stating "if I had been more alert of if the state had pointed out", are our judges not alert or not aware of laws in place in our states? This is unacceptable. These people are suppose to uphold justice in our states. If we cannot depend on our judges to do that who are we to depend on?
ReplyDeleteI think these JUDGE should defiantly throw in the towel and step down. It's like a slap in face to the victim's family. Now maybe I am biased because I am a woman (not saying Man can't be sensitive or victims of this crime) but I am outraged about a 30 day sentencing for Raping. The fact he was quoted saying she played a part and didn't look her age. Are you kidding Me? That's just as bad if a person say "well she dresses sexy so she was asking for it". Nobody deserves to be raped no matter what the circumstances maybe. He should be ashamed that he sentenced him to less days than some people are giving for traffic violations. Shame on him...It makes you wonder about his pass rulings.
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