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#234070 - 06/27/08 04:39 PM Massachusetts Legislator Rant about Child Rape
LN3(SS) Offline

Registered: 06/20/08
Posts: 486
Loc: MD

Y'all have got to check out this video! This guy makes you want to vomit.

"When we go into battle, I will be the first to set foot on the field, and I will be the last to step off, and I will leave no one behind. Dead, or alive, we will all come home together." LTG Hal Moore, Jr., USA (Ret.)

#234118 - 06/27/08 08:28 PM Re: Massachusetts Legislator Rant about Child Rape [Re: LN3(SS)]
jacobtk Offline

Registered: 04/08/03
Posts: 527
It's not actually what you think. He was arguing that as a result of mandatory minimums defense attorneys like him would have no other choice but to rigorously go after child victims in order to ensure their clients get a fair trial. I think that his choice of demonstrating that point was wrong, however, I happen to agree with his general point.

Pushing mandatory minimums means that cases that could be resolved in plea deals will have to go to trial and force the child to testify because such laws tend to hamper most judicial discretion. The laws also mean that people accused of non-violent acts could face the same sentence as someone who violently raped a child. The laws may also apply to juveniles who are charged as adults, meaning that 10-year-olds could be in prison for the rest of their lives for first-time offenses.

The point this attorney made a few days ago on MSNBC was that nearly all the prosecutors in that county were also against the law. The reasoning behind their rejection is probably because a lot of offenders are willing to accept plea deals, but usually not deals that require 15 or 25 to life. So, instead of being able to offer 10 to 15 years with probation, prosecutors would be forced to go to trial and place the victim on the stand and make that child recount their abuse. If the child cannot take the pressure, then the child might refuse to testify or might breakdown on the stand.

The laws are just not very good laws. This defense attorney could have said that in a less offensive way, but his general point seems valid.

Every day I die again, and again Iím reborn/Every day I have to find the courage/To walk out into the street/With arms out/Got a love you canít defeat/Neither down nor out/Thereís nothing you have that I need/I can breathe/Breathe now - U2

#234129 - 06/27/08 10:23 PM Re: Massachusetts Legislator Rant about Child Rape [Re: jacobtk]
Trish4850 Offline
BoD Liaison Emeritus

Registered: 10/15/05
Posts: 3280
Loc: New Jersey
That's the same take I had on it Jacob. It's hard to watch and at first blush, if you're not paying attention, this guy comes across as an ass when really, he was driving home a very hard reality. I understand the concept of mandatory minimums, but they tend to entrap entirely too many of the wrong people. Judicial discretion, most of the time, is a good thing. Yes there are many idiots who put on black robes, but most of them do a good job.

ROCK ON.......Trish'

If you fall down 10 times, Stand up 11.


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