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Liberal_in_LA

(44,397 posts)
Sun Mar 30, 2014, 12:11 PM Mar 2014

Judge said du Pont heir 'will not fare well' in prison - gives him probation for rape of 3 yr old

Superior Court judge who sentenced a wealthy du Pont heir to probation for raping his 3-year-old daughter noted in her order that he "will not fare well" in prison and needed treatment instead of time behind bars, court records show.

Judge Jan Jurden's sentencing order for Robert H. Richards IV suggested that she considered unique circumstances when deciding his punishment for fourth-degree rape. Her observation that prison life would adversely affect Richards was a rare and puzzling rationale, several criminal justice authorities in Delaware said. Some also said her view that treatment was a better idea than prison is a justification typically used when sentencing drug addicts, not child rapists.

Richards' 2009 rape case became public this month after attorneys for his ex-wife Tracy filed a lawsuit seeking compensatory and punitive damages for the abuse of his daughter.

The fact that Jurden expressed concern that prison wasn't right for Richards came as a surprise to defense lawyers and prosecutors who consider her a tough sentencing judge. Several noted that prison officials can put inmates in protective custody if they are worried about their safety, noting that child abusers are sometimes targeted by other inmates.

http://www.delawareonline.com/story/news/crime/2014/03/28/sunday-preview-du-pont-heir-stayed-prison/7016769/

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Judge said du Pont heir 'will not fare well' in prison - gives him probation for rape of 3 yr old (Original Post) Liberal_in_LA Mar 2014 OP
He should have thought of that when he raped his 3-year-old daughter LiberalEsto Mar 2014 #1
nailed it nt steve2470 Mar 2014 #19
Yes Dorian Gray Mar 2014 #144
This judge appointed 2x by Dem.Govs through 2025. Divernan Mar 2014 #149
She'd hoped to be named new Chief Justice of DE Supreme Court by Dem. Governor. Divernan Mar 2014 #150
Corporate bigwigs rape the US economy & rape 3 year olds. Divernan Mar 2014 #151
Exactly! Wind Dancer Apr 2014 #173
Another severe case of Affluenza... SomethingFishy Mar 2014 #2
My thoughts exactly. smokey nj Mar 2014 #3
It's infectious TexasTowelie Mar 2014 #9
So why aren't we all catching it???? dickthegrouch Mar 2014 #58
Most of us were innoculated before birth Orrex Mar 2014 #79
So vaccinations really are dangerous? dickthegrouch Mar 2014 #82
That's exactly it. LisaL Mar 2014 #20
Message auto-removed Name removed Mar 2014 #39
Presumably. Erich Bloodaxe BSN Mar 2014 #40
very. Liberal_in_LA Mar 2014 #41
The heir to Dupont? SomethingFishy Mar 2014 #42
doesn't work, lives off of trust fund Liberal_in_LA Mar 2014 #47
Why should he work? He has affluenza after all. LisaL Mar 2014 #55
I know, rite? LAGC Mar 2014 #78
This case is so vile, it's made me sick to my stomach. adirondacker Mar 2014 #94
The 1% is becoming brazen about their privileges -- n/t mazzarro Mar 2014 #96
If you are rich, you are a victim! Helen Borg Mar 2014 #99
Isn't that sort of the whole point for prison in the first place? baldguy Mar 2014 #4
Depends on how you take "not faring well". Neither the poor nor the rich... Silent3 Mar 2014 #80
+100! Rhiannon12866 Mar 2014 #122
Raping a child is not a non-violent crime. JDPriestly Mar 2014 #135
Of course I agree with you on that! Rhiannon12866 Mar 2014 #136
+1 TomClash Mar 2014 #124
So true. Nobody fares well in prison. Live and Learn Mar 2014 #133
By 'won't fare well' the judge meant AtheistCrusader Mar 2014 #137
Affluenza strikes again. flamin lib Mar 2014 #5
That's not a cure. cui bono Mar 2014 #23
Wow that's horrible treestar Mar 2014 #6
Seriously ...? etherealtruth Mar 2014 #7
and this would be our rape culture boys and girls. that is gettting progressively worse as we see seabeyond Mar 2014 #8
No it's affluenza. It's a two tiered justice system. CFLDem Mar 2014 #112
the little girl was privileged also and lookey... didnt get her any benefits. now did it. nt seabeyond Mar 2014 #113
Omg thank you for proving my point. CFLDem Mar 2014 #114
omg... wtf? seabeyond Mar 2014 #115
Exactly my thoughts CFLDem Mar 2014 #116
" lenient sentence for raping is a perfect example since it only happens to rich f&cks." seabeyond Mar 2014 #117
Post removed Post removed Mar 2014 #134
Those are exceptions to the rule CFLDem Mar 2014 #160
are you seriously suggesting Blue_Tires Mar 2014 #164
probably not a black defendant. but, definitely happening with middle aged white men that seabeyond Mar 2014 #165
Talk about pick and choose. WCLinolVir Mar 2014 #156
That judge should be disbarred. Tuesday Afternoon Mar 2014 #10
I think she thought she could get away with decision, rape case just made public a month ago Liberal_in_LA Mar 2014 #22
My Statement still stands. I repeat: THAT JUDGE SHOULD BE DISBARRED. Thank you. Tuesday Afternoon Mar 2014 #24
+1 redqueen Mar 2014 #93
Oh, my, freaking, GORD. Erich Bloodaxe BSN Mar 2014 #11
To me, it should have been protective custody in jail + counseling. People with a bit RKP5637 Mar 2014 #34
I'm sure that a great many low-income prisoners will have their sentences commuted Orrex Mar 2014 #12
Most people dont' fare well in prison. LisaL Mar 2014 #38
The judge meant he wouldn't survive his first night in the prison. AtheistCrusader Mar 2014 #138
So when you see this lady driving around in a new SUV snooper2 Mar 2014 #13
Cash is always the judge Tsiyu Mar 2014 #89
That was my first thought, too. Check her financials, and everyone in her family. They could have Ghost in the Machine Mar 2014 #118
Or if she runs for office n/t BuelahWitch Mar 2014 #120
Money wins. 840high Mar 2014 #14
USA = Money First, People Last! Sad ... n/t RKP5637 Mar 2014 #37
Yep, The judge was probably paid off by all that DuPont family money. Auntie Bush Mar 2014 #65
Agreed 100%...there are things that the profit motive cannot help. Moostache Mar 2014 #77
An heir to a family worth billions. A judge normally considered tough lets a child rapist go free. Nye Bevan Mar 2014 #15
*scratches head* gee I have no clue nt steve2470 Mar 2014 #17
So the rich don't belong in prison because they might receive harsh punishment Auntie Bush Mar 2014 #71
Look at them defending it: treestar Mar 2014 #101
What is the judge's record for sentencing Skidmore Mar 2014 #16
Looks like equality before the law does not apply to the wealthy malaise Mar 2014 #18
I'm sure that cost was figured into the Vig PeoViejo Mar 2014 #25
Subpoena the bank accounts of all involved in this case. There was more than one child, see below.nt freshwest Mar 2014 #69
Yes, because everyone else in prison is flourishing. They're all just living it up. Solly Mack Mar 2014 #21
Don't worry, poor people are used to it. polichick Mar 2014 #60
Yep. Some people think exactly that. Solly Mack Mar 2014 #64
Wow. Our "justice" system SUCKS! City Lights Mar 2014 #26
yes, remember the story of the less affluent women who fired gun into the air Liberal_in_LA Mar 2014 #28
Yup, and it makes me sick to my stomach. City Lights Mar 2014 #30
Actually, she's facing 60 now. Erich Bloodaxe BSN Mar 2014 #46
whoa! Liberal_in_LA Mar 2014 #48
No justice! cui bono Mar 2014 #27
Is this judge under the impression that working class child molesters do just fine in prison? Douglas Carpenter Mar 2014 #29
Anyone who rapes a child Louisiana1976 Mar 2014 #31
but he's promised never to do it again Liberal_in_LA Mar 2014 #43
Still running loose in society with so many others. I won't say what I really think... n/t freshwest Mar 2014 #61
Please don't link to before it's news alp227 Mar 2014 #163
There are four degrees to rape? malthaussen Mar 2014 #32
The Judge considered "unique characteristics" Jack Rabbit Mar 2014 #33
He will pay a fine of $4,395 and serve probation in his fancy house - btw - he may have molested son Liberal_in_LA Mar 2014 #35
I have no idea Dorian Gray Mar 2014 #145
And then delivered a shining example of JustUS hootinholler Mar 2014 #36
Club Fed is only for people convicted of federal crimes, which child rape is not jmowreader Mar 2014 #142
Laws are spider webs... Ka hrnt Mar 2014 #44
This family has been inbreeding to keep outsiders from getting any of their money. Spitfire of ATJ Mar 2014 #45
So what, the three year old didn't fare so well around DuPont, either. marble falls Mar 2014 #49
?! Adsos Letter Mar 2014 #50
I can't help but wonder what she was paid to reach that decision... magical thyme Mar 2014 #51
Another glaring problem Texasgal Mar 2014 #52
How long should we put up with this oligarchy we live in. We complain and complain rhett o rick Mar 2014 #53
This Judge is beyond disgusting. 2banon Mar 2014 #54
another victim of affluensa I see. notadmblnd Mar 2014 #56
It's contagious! LAGC Mar 2014 #57
A lot of people don't fare well in prison. I know I wouldn't. LuvNewcastle Mar 2014 #59
Prisons are for poor people....DUH! VanillaRhapsody Mar 2014 #62
WTF? lillypaddle Mar 2014 #63
Oh My God. sufrommich Mar 2014 #66
So if these people are "suffering" from madmom Mar 2014 #67
I think a good dose of "redistribution of wealth" might be just what the doctor ordered. LAGC Mar 2014 #70
a different problem here qazplm Mar 2014 #68
Perhaps a medical treatment could be applied fairly Half-Century Man Mar 2014 #72
This message was self-deleted by its author guyton Mar 2014 #73
Wouldn't the State Atty General have subpoena power over Jurdens' financial records? 2banon Mar 2014 #110
What's more disgusting to me than this favoritism for the rich is the general prison conditions... Silent3 Mar 2014 #74
Nobody seems to care if prisoners are raped or beaten. LuvNewcastle Mar 2014 #88
What is fourth degree rape? CSStrowbridge Mar 2014 #75
fourth degree rape - Delaware Liberal_in_LA Mar 2014 #81
So fourth degree rape is... Statutory rape CSStrowbridge Mar 2014 #105
Wasn't it a du Pont heir YarnAddict Mar 2014 #76
The rich have separated themselves from the nation state. alfredo Mar 2014 #87
What if he violates probation? I bet he won't go to jail alfredo Mar 2014 #83
What? peabody Mar 2014 #84
The DuPonts own Delaware... uberblonde Mar 2014 #85
One set of laws for the rich, and another set for us CanonRay Mar 2014 #86
Carrot and stick salib Mar 2014 #90
??? heaven05 Mar 2014 #91
There's no rape culture BainsBane Mar 2014 #92
Maybe lsewpershad Mar 2014 #95
If you're wealthy enough, you can break every law in the US and not serve time. disgusting! williesgirl Mar 2014 #97
Has this been posted to #rapecultureiswhen on Twitter? n/t factsarenotfair Mar 2014 #98
This lady just padded her retirement portfolio bloomington-lib Mar 2014 #100
The problem seems to have started with the prosecutor.... Princess Turandot Mar 2014 #102
Check Hrivnak's accounts, too. toby jo Mar 2014 #161
But say justice, laws, value, etc. ZombieHorde Mar 2014 #103
another sell-out of the rich by a judge... chillfactor Mar 2014 #104
That judge should be disbarred. Vashta Nerada Mar 2014 #106
If someone raped my 3 yr. old daughter, they'd be much safer in prison. nt Zorra Mar 2014 #107
The probably-now-rich judge has rendered her decision, shameful as it was. Buns_of_Fire Mar 2014 #108
this makes me physically ill fizzgig Mar 2014 #109
That poor baby girl. Control-Z Mar 2014 #111
A travesty of justice. nt raccoon Mar 2014 #119
This is beyond the pale. Enthusiast Mar 2014 #121
She acts like zentrum Mar 2014 #123
He is a "maker", after all... nikto Mar 2014 #125
You just can't find a tumbril when you need one, can you? n/t eridani Mar 2014 #126
"Money doesn't talk it swears." The Wizard Mar 2014 #127
DuPont, huh? Another piece of mafia trash gets away with capital crimes? loudsue Mar 2014 #128
Wonder what Attorney General Biden would have to say woodsprite Mar 2014 #129
The hell with disbarring fujiyama Mar 2014 #130
3 year olds don't fare well after being raped. BlancheSplanchnik Mar 2014 #131
Another person who doesn't like to look back, I guess. grahamhgreen Mar 2014 #132
Judge Jan Jurden DeSwiss Mar 2014 #139
The sentence is extremely lenient davidpdx Mar 2014 #140
You have mastered the Art of the Understatement. Alas. WinkyDink Mar 2014 #148
This is a perfect example behind the meaning of my username. nt justiceischeap Mar 2014 #141
Wow Dorian Gray Mar 2014 #143
Right. A night in prison isn't going to feel like a night at the Hilton. In_The_Wind Mar 2014 #146
That judgment is absolutely sickening. TxDemChem Mar 2014 #147
Another affluenza case.... blackspade Mar 2014 #152
another "Grand Bargain" benefiting the rich? nt pragmatic_dem Mar 2014 #153
Another duPont that didn't yesphan Mar 2014 #154
and yet another Dupont family (inlaw) salin Mar 2014 #167
Does anyone fare well in prison? nt Deep13 Mar 2014 #155
K&R n/t lupinella Mar 2014 #157
How's that little girl faring in her life-long prison of emotional anguish? whatchamacallit Mar 2014 #158
good questîon Liberal_in_LA Apr 2014 #175
So that's the standard now? "Will not fare well"? Doesn't that apply to just about everybody FFS? truebrit71 Mar 2014 #159
Really! Where's my card?!! KansDem Mar 2014 #166
A criminal justice system shows its criminal face again rafeh1 Mar 2014 #162
Someone should check recent deposits in the accounts of the judge. obxhead Mar 2014 #168
Calling anonymous. Get to work on this judge. nilesobek Mar 2014 #169
My thoughts TNNurse Mar 2014 #170
Kick n/t Tx4obama Apr 2014 #171
Followup: Beau Biden defends handling of du Pont heir sex case PoliticAverse Apr 2014 #172
thank u for update Liberal_in_LA Apr 2014 #174
 

LiberalEsto

(22,845 posts)
1. He should have thought of that when he raped his 3-year-old daughter
Sun Mar 30, 2014, 12:14 PM
Mar 2014

There are two separate systems of "justice" in the U.S., one for the rich, and another for the rest of us.

Dorian Gray

(13,847 posts)
144. Yes
Mon Mar 31, 2014, 05:14 AM
Mar 2014

It's perplexing.

And let me just say,,, I have a three year old daughter. Anybody who could imagine doing something of this nature to a three year old child is depraved. I don't think there is any amount of rehabilitation that could make him not a child molester.

This judge is wrong. WRONG!

Divernan

(15,480 posts)
149. This judge appointed 2x by Dem.Govs through 2025.
Mon Mar 31, 2014, 07:46 AM
Mar 2014

Jan R. Jurden is a judge on the New Castle County Superior Court in Delaware.[1] She has overseen the court's mental health court since 2008. Former governor Ruth Ann Minner appointed her in May 2001.[2] She was reappointed in 2013 for a term that will expire in 2025.[3]

http://judgepedia.org/Jan_R._Jurden

Divernan

(15,480 posts)
150. She'd hoped to be named new Chief Justice of DE Supreme Court by Dem. Governor.
Mon Mar 31, 2014, 07:57 AM
Mar 2014

and lost out on that just last January. Keeping in mind that most publicly traded corporations are based in Delaware, the judges' appointments/selections come with an implied quid pro quo: The governor appoints you judge; you look after the best interests of Delaware's corporate "citizens". I suggest that played a large part in her leniency toward a rapist who was a DuPont family member.

http://online.wsj.com/news/articles/SB10001424052702303309504579181600208743392

Chancellor Leo E. Strine, Jr. , the head of Delaware Court of Chancery, is among four state judges who have applied to be the next chief justice of the Delaware Supreme Court, arguably the most influential voice in corporate law, according to a person familiar with the matter.

In addition to the chancellor, the candidates include Carolyn Berger, a current Delaware Supreme Court justice, and Jan Jurden and James T. Vaughn, Jr. , both judges on the state's Superior Court, according to the person.


Let's hope the negative publicity on this DuPont heir favoritism is enough to spike her hopes for future judicial promotions.
"So would Judge Jurden, who had been widely expected to throw her name into the hat. She has spent 12 years on the state's Superior Court, which hears both civil and criminal cases, and was on the short list to become presiding judge in 2004, according to a person familiar with the matter. While lacking the corporate-law experience of the chancellor, Judge Jurden is widely considered a sharp, cerebral thinker, several Delaware lawyers say. She spent 13 years as a litigator at Young Conaway Stargatt & Taylor LLP."

Divernan

(15,480 posts)
151. Corporate bigwigs rape the US economy & rape 3 year olds.
Mon Mar 31, 2014, 08:16 AM
Mar 2014

Delaware is home to over 50 % of publicly traded corporations. The appellate judges are all appointed by the Governors with the expectation they will look after the best interests of the state's corporate "citizens". This DuPont heir rapist is part of the good ole' corporate owners' white boys club, so the judge protected him. Corporations have a proud tradition of economically raping the US (off-shoring,etc.) and this case extends that right to physically rape US citizens, even 3 year olds. Her most recent appointment to the bench lasts until 2025.

This judge was appointed by two Democratic governors. The first was Ruth Ann Miner; the second was Jack Markell.

http://ballotpedia.org/Ruth_Ann_Minner
http://en.wikipedia.org/wiki/Jack_Markell


Calling Third Way Manny!

dickthegrouch

(4,309 posts)
58. So why aren't we all catching it????
Sun Mar 30, 2014, 01:16 PM
Mar 2014

If affluenza were truly infectious, the 1% wouldn't be well on the way to becoming the 0.1%

Response to SomethingFishy (Reply #2)

Erich Bloodaxe BSN

(14,733 posts)
40. Presumably.
Sun Mar 30, 2014, 01:02 PM
Mar 2014

The only people usually referred to as 'heirs' in the US media are those who have vast family wealth coming down to them. And 'du Pont' is a family lineage along the lines of 'Rockefeller' or 'Morgan' or 'Carnegie'. Old school robber barons of the industrial age, who qualify as 'old money' nowadays.

SomethingFishy

(4,876 posts)
42. The heir to Dupont?
Sun Mar 30, 2014, 01:03 PM
Mar 2014

Is the air to Dupont wealthy? Is that what you are asking? Really? Why else would he get the Affluenza treatment?

 

Liberal_in_LA

(44,397 posts)
47. doesn't work, lives off of trust fund
Sun Mar 30, 2014, 01:06 PM
Mar 2014

roberth.richards.jpg

Robert H. Richards IV(Photo: Submitted)

Richards is a scion of two prominent Delaware families – the du Pont family, who built the worldwide chemical empire, and the Richards family, who co-founded the prestigious corporate law firm Richards Layton & Finger. Du Pont family patriarch Irenee du Pont is his great-grandfather. His father, Robert H. Richards III, was a partner in the law firm until his 2008 retirement.

Richards IV is supported by a trust fund and paid $1.8 million for his 5,800-square-foot mansion near Winterthur Museum. He also lists a home in the exclusive North Shores neighborhood near Rehoboth Beach as a residence, according to the state's sex abuse registry.

http://www.delawareonline.com/story/news/local/2014/03/18/du-pont-heir-faces-child-sex-lawsuit/6565107/

adirondacker

(2,921 posts)
94. This case is so vile, it's made me sick to my stomach.
Sun Mar 30, 2014, 02:08 PM
Mar 2014

How do these judges sleep at night?

They make me want to

 

Silent3

(15,909 posts)
80. Depends on how you take "not faring well". Neither the poor nor the rich...
Sun Mar 30, 2014, 01:46 PM
Mar 2014

...no matter how terrible their crimes, should be subject to the unchecked, arbitrary abuse of other prisoners as an unofficial, extra-constitutional we'll-look-the-other-way extension of their legally-mandated punishment.

Rhiannon12866

(250,741 posts)
122. +100!
Sun Mar 30, 2014, 08:22 PM
Mar 2014

Very well said! Prison reform is so long overdue! When so many who were convicted of nonviolent crimes emerge from prison worse than they went in, something is terribly wrong with the system. More needs to be done to rehabilitate instead and those with addictions to drugs and alcohol need treatment, not jail. Here in NY, there are new county programs addressing this and are helping countless people get well again and start over.

JDPriestly

(57,936 posts)
135. Raping a child is not a non-violent crime.
Mon Mar 31, 2014, 01:54 AM
Mar 2014

If he has been found guilty by a court, he belongs in prison. We should all be treated as equals before the law.

Rhiannon12866

(250,741 posts)
136. Of course I agree with you on that!
Mon Mar 31, 2014, 02:08 AM
Mar 2014

I was addressing post #80, which I thought made a good point, rather than the OP.

TomClash

(11,344 posts)
124. +1
Sun Mar 30, 2014, 08:56 PM
Mar 2014

It's true what you say. The vile in me longs for the most rabid punishment for the overlords, but the righteous seek justice without the self-negation of revenge.

You understand this intuitively I think.

AtheistCrusader

(33,982 posts)
137. By 'won't fare well' the judge meant
Mon Mar 31, 2014, 02:29 AM
Mar 2014

'someone will kill you the first night your charges are known in the prison'.


You'd have to stick him in solitary for the entire span of his stay, and he still might wind up dead.
A cop sentenced to prison would last longer than this monster would. They'll straight up kill him.

 

seabeyond

(110,159 posts)
8. and this would be our rape culture boys and girls. that is gettting progressively worse as we see
Sun Mar 30, 2014, 12:19 PM
Mar 2014

in our criminal, justice, govt, military, educational, and religious systems thru out the nation.

 

CFLDem

(2,083 posts)
112. No it's affluenza. It's a two tiered justice system.
Sun Mar 30, 2014, 04:52 PM
Mar 2014

It is not a cultural phenomenon.

Disgusting and out of touch that you would think it is.

 

seabeyond

(110,159 posts)
113. the little girl was privileged also and lookey... didnt get her any benefits. now did it. nt
Sun Mar 30, 2014, 04:54 PM
Mar 2014
 

CFLDem

(2,083 posts)
116. Exactly my thoughts
Sun Mar 30, 2014, 05:00 PM
Mar 2014

upon reading your reply.

Getting raped is immaterial to affluenza since it can happen to anyone, whereas getting a lenient sentence for raping is a perfect example since it only happens to rich f&cks.

Any questions?

 

seabeyond

(110,159 posts)
117. " lenient sentence for raping is a perfect example since it only happens to rich f&cks."
Sun Mar 30, 2014, 05:03 PM
Mar 2014

you are wrong. and it has been shown how wrong you are, repeatedly on du, with you in some of the threads. all over the place men are raping, and not being punished. our boys raping and towns protecting them even as they put the rape on net. no... you are wrong. from calif, to two in montana to a couple in alabama, just regular ole joes, in their forties, raping girls, conscious and not let off with little or no sentence cause....

Response to seabeyond (Reply #117)

 

CFLDem

(2,083 posts)
160. Those are exceptions to the rule
Mon Mar 31, 2014, 10:14 AM
Mar 2014

Thats why they make the news.

Context, Sea, context.

 

Blue_Tires

(57,596 posts)
164. are you seriously suggesting
Mon Mar 31, 2014, 11:17 AM
Mar 2014

that a black defendant in that same situation would have gotten away with probation??

 

seabeyond

(110,159 posts)
165. probably not a black defendant. but, definitely happening with middle aged white men that
Mon Mar 31, 2014, 11:20 AM
Mar 2014

are not that income bracket.

black men are mostly discriminated against in the judicial system

WCLinolVir

(951 posts)
156. Talk about pick and choose.
Mon Mar 31, 2014, 09:28 AM
Mar 2014

While it is true that wealthy whites fair much better, if you look at the statistics about rape and child abuse you will find that prosecution for said crimes is consistently lower than other crimes, in spite of any evidence. This is true regardless of social/economic strata.

 

Liberal_in_LA

(44,397 posts)
22. I think she thought she could get away with decision, rape case just made public a month ago
Sun Mar 30, 2014, 12:42 PM
Mar 2014

although it's been in the works since 2009. We are the first forum to discuss her decision. Only 2 news articles have hit the web today.

Let's see if the public responds with an outcry

Erich Bloodaxe BSN

(14,733 posts)
11. Oh, my, freaking, GORD.
Sun Mar 30, 2014, 12:20 PM
Mar 2014

Put him in protective custody, put him in solitary if need be.

Affluenza? And how does rape, especially of a 3 year old, by the very parent who should be protecting the kid only become a '4th degree felony'? How is it Delaware doesn't have that as a first degree felony?

Don't get me wrong, I think we incarcerate far too many people, for far too many crimes. But if you're going to throw anyone in jail, surely it should be people who rape their own 3 year old daughters.

I'd say it's time for that judge to retire from the bench. She's clearly lost her capacity for rational decision making.

RKP5637

(67,112 posts)
34. To me, it should have been protective custody in jail + counseling. People with a bit
Sun Mar 30, 2014, 12:55 PM
Mar 2014

of pot often get far more severe sentencing. We often live in a twisted country.

Orrex

(66,710 posts)
12. I'm sure that a great many low-income prisoners will have their sentences commuted
Sun Mar 30, 2014, 12:21 PM
Mar 2014

On the grounds that they "will not fare well" in prison either.

LisaL

(47,358 posts)
38. Most people dont' fare well in prison.
Sun Mar 30, 2014, 12:57 PM
Mar 2014

So our prisons should be vacated using that judge's logic.

AtheistCrusader

(33,982 posts)
138. The judge meant he wouldn't survive his first night in the prison.
Mon Mar 31, 2014, 02:31 AM
Mar 2014

Hell, he might not survive an hour in the general population.

 

snooper2

(30,151 posts)
13. So when you see this lady driving around in a new SUV
Sun Mar 30, 2014, 12:21 PM
Mar 2014


Judge Jan Jurden



You can ask her why she let's baby fuckers off the hook...little cash payout maybe?

Tsiyu

(18,186 posts)
89. Cash is always the judge
Sun Mar 30, 2014, 02:03 PM
Mar 2014


I'd say the three-year-old didn't fare too well, but Jurden apparently cares more about sick pedos than babies.

Interesting to get hold of her bank statements. I can see no other reason for this travesty.

Poor kid, to know that MONSTER is still out there....

Ghost in the Machine

(14,912 posts)
118. That was my first thought, too. Check her financials, and everyone in her family. They could have
Sun Mar 30, 2014, 05:44 PM
Mar 2014

put money in a relative's name, or a dummy corporation set up for her, or an offshore account. Someone got to her with LOTS of money, especially since she is *known* as a "tough sentencing judge".

Always follow the money....

Peace,

Ghost

Moostache

(11,009 posts)
77. Agreed 100%...there are things that the profit motive cannot help.
Sun Mar 30, 2014, 01:41 PM
Mar 2014

Justice is one of them, and this judge should be forced to wear a price tag lapel pin for the rest of her life.

Nye Bevan

(25,406 posts)
15. An heir to a family worth billions. A judge normally considered tough lets a child rapist go free.
Sun Mar 30, 2014, 12:32 PM
Mar 2014

Judge earns in the lowish six figures. A million bucks or two would be a drop in the bucket for this family.

I wonder what could have happened here?

Auntie Bush

(17,528 posts)
71. So the rich don't belong in prison because they might receive harsh punishment
Sun Mar 30, 2014, 01:24 PM
Mar 2014

ie rape. But the poor or black people deserve that punishment.

treestar

(82,383 posts)
101. Look at them defending it:
Sun Mar 30, 2014, 02:52 PM
Mar 2014
O'Neill, the public defender, said that while Jurden's rationale surprised him, "I commend her for making such a courageous ruling. When I find the appropriate place, I'm going to make that argument."


Defense lawyer Joseph A. Hurley said it makes sense to him that the judge would be concerned about Richards' time in prison.

"Sure, they have protective custody, but that is solitary confinement for 23 hours a day. We're not a third-world society," Hurley said.

"Sex offenders are the lowest of the low in prison," Hurley said. "He's a rich, white boy who is a wuss and a child perv. The prison can't protect them, and Jan Jurden knows that reality. She is right on."


Skidmore

(37,364 posts)
16. What is the judge's record for sentencing
Sun Mar 30, 2014, 12:36 PM
Mar 2014

those who are not so affluent and charged with the same crime?

malaise

(293,122 posts)
18. Looks like equality before the law does not apply to the wealthy
Sun Mar 30, 2014, 12:38 PM
Mar 2014

Impeach this criminal judge

 

PeoViejo

(2,178 posts)
25. I'm sure that cost was figured into the Vig
Sun Mar 30, 2014, 12:43 PM
Mar 2014

Just think of it as early retirement on a very good pension.

freshwest

(53,661 posts)
69. Subpoena the bank accounts of all involved in this case. There was more than one child, see below.nt
Sun Mar 30, 2014, 01:24 PM
Mar 2014

Solly Mack

(96,429 posts)
21. Yes, because everyone else in prison is flourishing. They're all just living it up.
Sun Mar 30, 2014, 12:41 PM
Mar 2014

Money, well known name and family connections - and you can buy your way out of anything.

I wonder what a comparison of her sentencing in other rape cases would reveal.

Our prisons suck but is that a good reason to not jail someone? (Because if it is...)

Would a poor man get the same consideration?




 

Liberal_in_LA

(44,397 posts)
28. yes, remember the story of the less affluent women who fired gun into the air
Sun Mar 30, 2014, 12:44 PM
Mar 2014

to scare of ex-husband, she's facing 20 years in prison.

Erich Bloodaxe BSN

(14,733 posts)
46. Actually, she's facing 60 now.
Sun Mar 30, 2014, 01:06 PM
Mar 2014

While she won the right to a retrial, the claim has been made that she wasn't eligible to have the 3 20 year sentences served concurrently, so if she loses again, she'd be facing 3 consecutive 20 year sentences for firing a gun and completely failing to hit the husband or either of the two children in the house.

Louisiana1976

(3,962 posts)
31. Anyone who rapes a child
Sun Mar 30, 2014, 12:48 PM
Mar 2014

should be locked up and the key thrown away. As for this judge, she should get some sort of consequences for only giving this child rapist probation. In fact, I agree that she should be impeached.

freshwest

(53,661 posts)
61. Still running loose in society with so many others. I won't say what I really think... n/t
Sun Mar 30, 2014, 01:18 PM
Mar 2014

Jack Rabbit

(45,984 posts)
33. The Judge considered "unique characteristics"
Sun Mar 30, 2014, 12:52 PM
Mar 2014
Scott Fitzgerald: The rich are different than you and I.

Ernest Hemingway: Yes, they have money.
 

Liberal_in_LA

(44,397 posts)
35. He will pay a fine of $4,395 and serve probation in his fancy house - btw - he may have molested son
Sun Mar 30, 2014, 12:56 PM
Mar 2014

In June 2008, he avoided mandatory prison time by pleading guilty to a single count of fourth-degree rape in a deal arranged by Maurer and prosecutor Renee Hrivnak, court records show.

Hrivnak could not be reached to discuss the plea deal, but Joseph Rogalsky, spokesman for Biden's office, said, "We cannot comment on that."

Superior Court Judge Jan Jurden sentenced Richards to eight years in prison but suspended that for Level II probation, which requires monthly visits with a case officer. Jurden also ordered him to pay $4,395 to the Delaware Violent Crimes Compensation Board, records filed with the lawsuit show.

"This self-confessed, admitted rapist and child abuser didn't go to jail, and, in fact, he stays in luxury where he has always been," attorney Thomas C. Crumplar, who represents the children and Richards' ex-wife Tracy, said during a news conference Tuesday.

http://www.delawareonline.com/story/news/local/2014/03/18/du-pont-heir-faces-child-sex-lawsuit/6565107/

Dorian Gray

(13,847 posts)
145. I have no idea
Mon Mar 31, 2014, 05:23 AM
Mar 2014

what the family history is here...

But if those were my children, I would spend the rest of my life trying to force him to pay, in some way, for this crime.

hootinholler

(26,451 posts)
36. And then delivered a shining example of JustUS
Sun Mar 30, 2014, 12:56 PM
Mar 2014


Had he been sentenced it would have been at a club fed anyway.

jmowreader

(52,917 posts)
142. Club Fed is only for people convicted of federal crimes, which child rape is not
Mon Mar 31, 2014, 05:09 AM
Mar 2014

What do you think, 20 years in solitary confinement in the Delaware State Pen, followed by 20 years in the Delaware State Hospital trying to fix what 20 years in the hole did?

Ka hrnt

(308 posts)
44. Laws are spider webs...
Sun Mar 30, 2014, 01:04 PM
Mar 2014

"Laws are spider webs through which the big flies pass and the little ones get caught."--Honore de Balzac.

 

magical thyme

(14,881 posts)
51. I can't help but wonder what she was paid to reach that decision...
Sun Mar 30, 2014, 01:10 PM
Mar 2014

and what her punishment might have been had she failed to reach the "right" decision.

Seriously,

I wonder how his 3 year old victim is faring as a result of his perverted abuse?

 

rhett o rick

(55,981 posts)
53. How long should we put up with this oligarchy we live in. We complain and complain
Sun Mar 30, 2014, 01:12 PM
Mar 2014

but never do anything.

 

2banon

(7,321 posts)
54. This Judge is beyond disgusting.
Sun Mar 30, 2014, 01:12 PM
Mar 2014

not only should she be disbarred, she should investigated for corruption, tried, convicted, and sentenced to life in prison. and this news needs to go viral.

LuvNewcastle

(17,697 posts)
59. A lot of people don't fare well in prison. I know I wouldn't.
Sun Mar 30, 2014, 01:17 PM
Mar 2014

But would that matter to a judge in my case? They locked me up for 3 months because I had an old fine I couldn't pay. This guy RAPED HIS OWN DAUGHTER and was sentenced to treatment and probation. There's a completely different "justice" system for the wealthy, and I for one am sick of it.

madmom

(9,681 posts)
67. So if these people are "suffering" from
Sun Mar 30, 2014, 01:22 PM
Mar 2014

affluenza, shouldn't we be trying to find a cure? It seems their disease is a curse to all of us.

LAGC

(5,330 posts)
70. I think a good dose of "redistribution of wealth" might be just what the doctor ordered.
Sun Mar 30, 2014, 01:24 PM
Mar 2014

Relieve these unfortunate, put-upon rich people of all their ailments...

qazplm

(3,626 posts)
68. a different problem here
Sun Mar 30, 2014, 01:22 PM
Mar 2014

(don't get me wrong, the main problem is a problem!!)

They are "right" when they say that the prison system can't protect him from harm as a "rich, wussy, perv."
But when the "solution" to that legit problem is not to fix the system to make it possible to protect even folks like him from harm, but instead to not have him go to jail at all, we've got a huge problem that hits two areas (the fact that rich "pervs" like him get off while poor accused get thrown under the jail, and the fact that our prisons are simply holding pens where there is little treatment, little rehabilitation, and the only benefit to society is temporary removal).

Half-Century Man

(5,279 posts)
72. Perhaps a medical treatment could be applied fairly
Sun Mar 30, 2014, 01:26 PM
Mar 2014

Something in an amputation via machete perhaps.....

Response to Liberal_in_LA (Original post)

 

2banon

(7,321 posts)
110. Wouldn't the State Atty General have subpoena power over Jurdens' financial records?
Sun Mar 30, 2014, 04:39 PM
Mar 2014

Although, I doubt she would have been stupid enough to stash her pay off where it could be audited. Du Pont no doubt would have taken the precautions to make the pay off shore.

 

Silent3

(15,909 posts)
74. What's more disgusting to me than this favoritism for the rich is the general prison conditions...
Sun Mar 30, 2014, 01:38 PM
Mar 2014

...where anyone at all, rich or poor, no matter how terrible their crime, is so easily subject to abuse by other prisoners.

If you think the penalty for raping a three year old should be frequent beatings and rape, advocate for that to be the actual legal sentence, work to remove the constitutional protection against cruel and unusual punishment if that's what you want the real penalty to be.

Don't, however, put on a masquerade of constitutional protection and a civilized penal system while looking the other way with a wink and a nod, hoping other prisoners do your dirty work (while victimizing plenty of other people whose crimes aren't anywhere nearly so bad at the same time).

LuvNewcastle

(17,697 posts)
88. Nobody seems to care if prisoners are raped or beaten.
Sun Mar 30, 2014, 02:02 PM
Mar 2014

In fact, they think it's funny. It's sick that society reacts to prison rape with laughter. There are plenty of people in prison right now serving time for nonviolent offenses, and nobody cares about them. How much resentment would you build up before you're released from prison? And we wonder why there's such a high rate of recidivism in this country.

CSStrowbridge

(267 posts)
75. What is fourth degree rape?
Sun Mar 30, 2014, 01:40 PM
Mar 2014

What is fourth degree rape? I'm curious, but it is not something I want to Google.

I wonder if there was any financial connection between the judge and the defendant that led to this ruling.

 

Liberal_in_LA

(44,397 posts)
81. fourth degree rape - Delaware
Sun Mar 30, 2014, 01:46 PM
Mar 2014

ilty of rape in the fourth degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's sixteenth birthday; or

(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or

(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:

a. The sexual penetration occurs without the victim's consent; or

b. The victim has not reached that victim's sixteenth birthday; or

(4) Intentionally engages in sexual intercourse or sexual penetration with another person, and the victim has reached that victim's sixteenth birthday but has not yet reached that victim's eighteenth birthday and the defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.

(b) Paragraphs (a)(3) and (a)(4) of this section do not apply to a licensed medical doctor or nurse who places 1 or more fingers or an object inside a vagina or anus for the purpose of diagnosis or treatment or to a law-enforcement officer who is engaged in the lawful performance of his or her duties.

Rape in the fourth degree is a class C felony.

71 Del. Laws, c. 285, § 10; 70 Del. Laws, c. 186, § 1.;
- See more at: http://codes.lp.findlaw.com/decode/11/5/II/770#sthash.udFiW2p8.dpuf

CSStrowbridge

(267 posts)
105. So fourth degree rape is... Statutory rape
Sun Mar 30, 2014, 03:09 PM
Mar 2014

So fourth degree rape is... rape. Or am I missing anything?

"The sexual penetration occurs without the victim's consent" ... isn't that the textbook definition of rape? If this is fourth degree rape, what's degrees one through three?

On a side note, these laws should also include "forced to penetrate" and not just "sexual penetration".

alfredo

(60,253 posts)
87. The rich have separated themselves from the nation state.
Sun Mar 30, 2014, 02:02 PM
Mar 2014

They define the laws that apply to them.


The idle rich are parasites that can't can't survive without a host, still they believe they are superior to the host that provides their sustenance.

salib

(2,116 posts)
90. Carrot and stick
Sun Mar 30, 2014, 02:05 PM
Mar 2014

She was paid off and successfully threatened.

Just a game anymore to these people.

 

heaven05

(18,124 posts)
91. ???
Sun Mar 30, 2014, 02:05 PM
Mar 2014
Well, not surprised. this is a perfect example of the rich being 'better' in American culture. He should go to prison. Money and status, plus ......makes these people ........wtf!

lsewpershad

(2,620 posts)
95. Maybe
Sun Mar 30, 2014, 02:12 PM
Mar 2014

the judge should be sent to prison for the very obvious "different strokes for different folks" thingy.

Princess Turandot

(4,906 posts)
102. The problem seems to have started with the prosecutor....
Sun Mar 30, 2014, 02:56 PM
Mar 2014

who offered him a plea bargain to a crime with no mandatory sentence requirements.

Attorney General Beau Biden's office had initially indicted Richards on two counts of second-degree rape of a child – Class B violent felonies that carry a mandatory 10-year prison term for each count.

.......But in June 2008, just days before a scheduled trial, prosecutor Renee Hrivnak offered Richards a plea to a single count of fourth-degree rape, which carries no mandatory time, and he accepted, admitting in court that he abused his child.

............Fourth-degree rape is a Class C violent felony that by law can bring up to 15 years in prison, though guidelines suggest zero to 2½ years in prison.

At his February 2009 sentencing, Hrivnak recommended probation.


This occurred in 2009; it came out now because of a civil action filed by his ex-wife.
 

toby jo

(1,269 posts)
161. Check Hrivnak's accounts, too.
Mon Mar 31, 2014, 11:04 AM
Mar 2014

Guy paid a few thousand in fines - make the fines reflect the wealth. How 'bout a few million?

She's worried about his welfare in prison, ? (yeah, we share your concern, lady) have his 'wealthy' ass pay for extra security.

Hope at the very least they gave him about a hundred thousand hours of community service, first job for our boy: pick up litter, mop some floors, paint some walls, sweep some streets.

ZombieHorde

(29,047 posts)
103. But say justice, laws, value, etc.
Sun Mar 30, 2014, 02:56 PM
Mar 2014

are nothing more than rhetorical constructs that don't exist outside of the imagination and people will think you're nuts or dismiss you as a nihilist.

Fixing real problems with make-believe solutions is very difficult.

 

Vashta Nerada

(3,922 posts)
106. That judge should be disbarred.
Sun Mar 30, 2014, 03:13 PM
Mar 2014

This is utterly sickening. I'm tired of seeing the rich get off free for the most heinous of crimes.

Buns_of_Fire

(19,019 posts)
108. The probably-now-rich judge has rendered her decision, shameful as it was.
Sun Mar 30, 2014, 04:07 PM
Mar 2014

But there are still the lawsuits which will hopefully destroy him financially, and I sincerely hope that the "rich, white boy who is a wuss and a child perv" spends the rest of his miserable life looking over his shoulder.

Control-Z

(15,686 posts)
111. That poor baby girl.
Sun Mar 30, 2014, 04:47 PM
Mar 2014

I know many probably think she won't remember. And for her sake I hope she doesn't. But it is not unusual for very young children to remember such traumas.

The animal should rot in prison.

The judge should spend some time there herself.

Enthusiast

(50,983 posts)
121. This is beyond the pale.
Sun Mar 30, 2014, 07:10 PM
Mar 2014

See, this is why so many of us are outraged by income inequality and the double standard of justice.

This is not what the founders envisioned for the nation.

This is a convoluted version of justice.

This judge Jurden deserves a swift kick in the ass.

I've got news for you, Judge, prison has an adverse affect on everyone, not just the wealthy and well connected. Guess you never gave that a moment's consideration.

 

nikto

(3,284 posts)
125. He is a "maker", after all...
Sun Mar 30, 2014, 09:13 PM
Mar 2014

So he made it with the baby.

Terrible act for an ordinary person.

But not really so bad at all for a wealthy person.

It's because they're better.


The New America.

Get used to it.

The Wizard

(13,604 posts)
127. "Money doesn't talk it swears."
Sun Mar 30, 2014, 09:54 PM
Mar 2014

"Obscenity who really cares. Propaganda all is phony."
(Bob Dylan, "It's All Right Ma&quot
Does the Judge have a Cayman Islands account?

loudsue

(14,087 posts)
128. DuPont, huh? Another piece of mafia trash gets away with capital crimes?
Sun Mar 30, 2014, 11:35 PM
Mar 2014

I'm sure the judge has family members that she doesn't want to see committing "suicide". Either that, or she's on the payroll. Good ole USA: third world justice system.

Either
Bought off
Paid off, or
knocked off.

The mafia culture permeates every level of our government.

woodsprite

(12,547 posts)
129. Wonder what Attorney General Biden would have to say
Sun Mar 30, 2014, 11:40 PM
Mar 2014

After he set precedent by going after that downstate
pedophile doc. I know he had a shitload of counts
against him, and he was in a position of trust. BUT
who does a kid usually trust more than their Dad.

fujiyama

(15,185 posts)
130. The hell with disbarring
Sun Mar 30, 2014, 11:42 PM
Mar 2014

I say we just break out the guillotine.

Use it for both this sick rapist pedophile and the judge that protects him.

davidpdx

(22,000 posts)
140. The sentence is extremely lenient
Mon Mar 31, 2014, 03:45 AM
Mar 2014

It looks like it was originally two charges and they dropped one and lowered the other during the plea bargain.

If he'd been in Oregon with the Class B felony there would have been prison time involved.

I have no problem with him getting treatment (and I think he should), but it does seem like his status got him a much better deal then most facing those kind of charges would get.

Dorian Gray

(13,847 posts)
143. Wow
Mon Mar 31, 2014, 05:13 AM
Mar 2014

This judge.... she totally got it wrong.

WHile I'm sure he needs psychiatric counseling, he should receive it while in jail.

In_The_Wind

(72,300 posts)
146. Right. A night in prison isn't going to feel like a night at the Hilton.
Mon Mar 31, 2014, 05:28 AM
Mar 2014
Put Robert H. Richards IV in jail where he belongs!

salin

(48,958 posts)
167. and yet another Dupont family (inlaw)
Mon Mar 31, 2014, 11:31 AM
Mar 2014

charged with murder. http://articles.baltimoresun.com/1998-09-18/news/1998261062_1_du-pont-family-moseley-john-du

He died in prison as well.

http://www.lasvegassun.com/news/2004/may/27/du-pont-heiress-husband-dies/

Something is awfully wrong in the family.

This story is outrageous on so many levels - especially with the willful damaging of one's children, for sexual pleasure. Those poor children.

whatchamacallit

(15,558 posts)
158. How's that little girl faring in her life-long prison of emotional anguish?
Mon Mar 31, 2014, 09:53 AM
Mar 2014

Last edited Fri Apr 4, 2014, 05:04 PM - Edit history (1)

This is wild end of empire stuff. Never I thought I'd see the day.

 

truebrit71

(20,805 posts)
159. So that's the standard now? "Will not fare well"? Doesn't that apply to just about everybody FFS?
Mon Mar 31, 2014, 10:03 AM
Mar 2014

Good grief!!!

rafeh1

(385 posts)
162. A criminal justice system shows its criminal face again
Mon Mar 31, 2014, 11:09 AM
Mar 2014

I doubt this would be the same punishment for a an african american from watts.

We have a criminal justice system run by criminals for criminals and of criminals. Where the rich criminals go scot free and the poor innocent plea bargain.

Innocent until you run out of money is the rule and plea bargain guilty pleas the result.

nilesobek

(1,423 posts)
169. Calling anonymous. Get to work on this judge.
Mon Mar 31, 2014, 12:24 PM
Mar 2014

I betcha she got a nice payoff or consideration.

TNNurse

(7,497 posts)
170. My thoughts
Mon Mar 31, 2014, 01:47 PM
Mar 2014

1) The judge should lose her job.
2) He should do some time in a facility, not house arrest.
3) If there is concern for his safety in a prison, I am good with solitary.
4) He should not be alone with children, ever. If his own want to see him when they are older, that is their decision.
5) His children should get his money, not when he dies, but now in a trust.
6) Guilty is guilty, money should not buy innocence or lighter punishment.

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