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KamaAina

(78,249 posts)
Tue Jun 7, 2016, 01:56 PM Jun 2016

Why Is Black Lives Matter Activist Facing Four Years in Jail While Stanford Rapist Gets Six Months?

http://www.democracynow.org/2016/6/7/why_is_black_lives_matter_activist

In California, Black Lives Matter activist Jasmine Richards faces up to four years in prison at her sentencing today after she was convicted of a rarely used statute in California law known up until recently as "felony lynching." Police accused her of trying to de-arrest someone during a peace march in Pasadena last August. The arrest and jailing of a young black woman activist on charges of felony lynching has sparked a firestorm of protest, with supporters vowing to pack the court today. Meanwhile, in another California case, a judge sentenced white former Stanford University swimmer Brock Allen Turner to six months in jail after he was convicted of three felony counts of sexual assault. We get reaction from California Senate President Pro-Tem Kevin de León and Los Angeles City Councilmember Gil Cedillo. "You started your show talking about someone from Stanford who rapes a woman and gets six months, and then you’ve got a woman who is part of the Black Lives (Matter) movement who is trying to bring forth the challenges that face us in America around racism and racial discrimination, and she’s participating, trying to exercise her First Amendment rights, ... and she’s going to be given four years?" Cedillo says. "Something’s wrong with that picture."


128 replies = new reply since forum marked as read
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Why Is Black Lives Matter Activist Facing Four Years in Jail While Stanford Rapist Gets Six Months? (Original Post) KamaAina Jun 2016 OP
Ahhh....she can't swim ? CincyDem Jun 2016 #1
Something is Delphinus Jun 2016 #2
"Privilege" means "Private Law." malthaussen Jun 2016 #3
The BLM activist hasn't been sentenced yet NobodyHere Jun 2016 #4
This message was self-deleted by its author Orrex Jun 2016 #5
+1 n/t. okieinpain Jun 2016 #8
Why? AtheistCrusader Jun 2016 #72
Why is it even possible. okieinpain Jun 2016 #7
Because the "name" given to a statutory offense is not as important as its elements jberryhill Jun 2016 #64
I suspect that's a crime TeddyR Jun 2016 #65
It is jberryhill Jun 2016 #66
Thanks for the explanation n/t LoverOfLiberty Jun 2016 #69
Thanks. N/t okieinpain Jun 2016 #111
I'll save comment until sentence is passed. saidsimplesimon Jun 2016 #9
Oh please. JackRiddler Jun 2016 #53
That's an appropriate name for the law. AtheistCrusader Jun 2016 #71
I knew that and your condescension leaves me unimpressed. JackRiddler Jun 2016 #93
Err, how is that an abuse of the law? Kentonio Jun 2016 #104
No, it isn't. AtheistCrusader Jun 2016 #110
Specifically to what has she been sentenced? jberryhill Jun 2016 #6
90 days Skittles Jun 2016 #103
Kick. Iggo Jun 2016 #10
Only the latter strikes me as outrageous. N.T. Donald Ian Rankin Jun 2016 #11
Simple -BWB malaise Jun 2016 #12
Her sentence was for 90 days... not four years. FBaggins Jun 2016 #13
Three things: Maedhros Jun 2016 #14
You forgot something important: BlancheSplanchnik Jun 2016 #20
Yes - I did miss that. Maedhros Jun 2016 #26
Yep. BlancheSplanchnik Jun 2016 #30
You both missed something jberryhill Jun 2016 #34
I must admit, my focus was on the woman raped by the Stanford scumbag BlancheSplanchnik Jun 2016 #40
So, on point 3 jberryhill Jun 2016 #38
The stanford rapist faced 20 years. Five felonies. The lesson is; know the facts of the case. AtheistCrusader Jun 2016 #59
Stanford rapists' dad wrote letter passiveporcupine Jun 2016 #15
"20 minutes of action" KamaAina Jun 2016 #16
The disconnect is absolutely unreal passiveporcupine Jun 2016 #19
"Not serious crime because his son was drunk"--sorry I have to disagree. BlancheSplanchnik Jun 2016 #32
Exactly, if you kill someone in a vehicular homicide, do they let you off smirkymonkey Jun 2016 #87
More women in the legal system and government. Progressive women. BlancheSplanchnik Jun 2016 #96
I made that point years ago FrodosPet Jun 2016 #123
Yep. It seems if you say something, no matter how correct, .... BlancheSplanchnik Jun 2016 #124
I was wondering what the mothers life must be like... TipTok Jun 2016 #125
Seriously. BlancheSplanchnik Jun 2016 #126
This message was self-deleted by its author meow2u3 Jun 2016 #25
A good reason for you not to be a judge either skepticscott Jun 2016 #31
Your reply is all sorts of wrong. NaturalHigh Jun 2016 #117
"Action" in such contexts is a synonym BlancheSplanchnik Jun 2016 #33
Has anyone asked the father how many of these "20 minute actions" he has committed? nt Scruffy Rumbler Jun 2016 #21
And if what his son did is what the father considers action, then maybe LEO needs to take a peek Rex Jun 2016 #28
He needs to be thrown in jail for a long sentence... harrose Jun 2016 #97
What's the charge? mahatmakanejeeves Jun 2016 #112
What about the woman who said, "He doesn't need to be behind bars." Dr. Strange Jun 2016 #114
White rich male vs. black middle class female. Rex Jun 2016 #17
So why is she only getting 72 days? jberryhill Jun 2016 #36
Not long enough for you? Rex Jun 2016 #37
Who said they were equivalent? jberryhill Jun 2016 #41
Oh I see, you are talking apples to my oranges. Rex Jun 2016 #47
...and I was talking about a misleading headline jberryhill Jun 2016 #55
White rich male vs. black middle class female. AlbertCat Jun 2016 #44
What case? I am talking about ranking in our plutocracy, what are you talking about? Rex Jun 2016 #46
Are you unaware of the actual facts of the case beyond the headline? AtheistCrusader Jun 2016 #50
ARF? Rex Jun 2016 #58
See post 59. I spelled it out for you. AtheistCrusader Jun 2016 #61
"a plutocracy that is run by very rich white conservative men" jberryhill Jun 2016 #60
White privilege? Jack Rabbit Jun 2016 #18
More like right-wing white privilege meow2u3 Jun 2016 #27
I know I was. Igel Jun 2016 #89
#WhitePrivilegeMatters DebbieCDC Jun 2016 #22
Another vote for "let's see what she gets". Nye Bevan Jun 2016 #23
90 days, 18 already served jberryhill Jun 2016 #35
Thanks. Seems like a more than reasonable sentence (nt) Nye Bevan Jun 2016 #42
The judge, incidentally, is a minority woman and Democrat jberryhill Jun 2016 #68
Yep. Rex Jun 2016 #39
This message was self-deleted by its author LiberalArkie Jun 2016 #24
I see, and how much does Judge Elaine Lu have? jberryhill Jun 2016 #62
She doesn't know the secret hand shake d_legendary1 Jun 2016 #29
Nor did you read anything past the headline of either case. AtheistCrusader Jun 2016 #74
Nor did you d_legendary1 Jun 2016 #108
That one party got a sentence commensurate with the crime. AtheistCrusader Jun 2016 #109
Excercising 1st amendment rights should not commensurate a crime d_legendary1 Jun 2016 #116
Wrong. She was mistaken, no doubt. AtheistCrusader Jun 2016 #118
Incorrect headline. Jasmine Richards got 90 days in county jail IronLionZion Jun 2016 #43
I'm all in favor of more equal sentencing, but this is a poor example to use. AlbertCat Jun 2016 #45
The Democracy Now story was published at 5am PT today, alp227 Jun 2016 #51
nothing quite like riling people up before the fact hfojvt Jun 2016 #56
Clickbait IronLionZion Jun 2016 #73
initially there were five felony counts against the rapist, so theoretically, up to 20 years consecu AtheistCrusader Jun 2016 #76
I see some here are confused and don't understand the inherent social ranking in our society. Rex Jun 2016 #48
Where do Democratic Asian women fall in that ranking? jberryhill Jun 2016 #70
We should ask Donald Trump IronLionZion Jun 2016 #78
Well, it is apparently the belief of many here at DU that minority women cannot be trusted jberryhill Jun 2016 #79
It's also the belief of most Americans that a judge would be white and male IronLionZion Jun 2016 #82
Yeah, this thread is unintentionally revealing jberryhill Jun 2016 #83
We're not confused. We're informed. AtheistCrusader Jun 2016 #77
You're using the court case as evidence for the ranking. Igel Jun 2016 #90
Racism and the power of wealth and privilege. eom. PufPuf23 Jun 2016 #49
Why? MrScorpio Jun 2016 #52
Because Democratic minority women judges are biased? Is that what you want to go with? jberryhill Jun 2016 #63
Anti-black bias is not just a problem of the right MrScorpio Jun 2016 #86
Thank YOU! smirkymonkey Jun 2016 #88
And that bias is evident in this case how? jberryhill Jun 2016 #92
If all other conditions had been the same and our white preppy, rapist had been black instead... MrScorpio Jun 2016 #94
Which has what to do with this? jberryhill Jun 2016 #95
It's not the judge, it's the system ... MrScorpio Jun 2016 #98
I'm aware of that jberryhill Jun 2016 #99
Looking beyond the statistics, it's quite clear that if you're black in America, you're screwed MrScorpio Jun 2016 #101
Except that in this case, that very clearly did not happen. Kentonio Jun 2016 #105
Well, let's compare apples to apples... MrScorpio Jun 2016 #106
Yep, and these cases are a great way of pointing out the horrible disconnect in the justice system. Kentonio Jun 2016 #107
+1 uponit7771 Jun 2016 #100
This headline is a fallacy, known as a 'False Dichotomy'. AtheistCrusader Jun 2016 #54
Why even bother? melman Jun 2016 #81
True, but damnit... the truth.. It wants to be known. AtheistCrusader Jun 2016 #85
True, alas Albertoo Jun 2016 #102
All true, but the truth is often ignored in favor of outrage. NaturalHigh Jun 2016 #119
It cannot be racism because the US is "post racial". eom guillaumeb Jun 2016 #57
"felony lynching" WTF? blackspade Jun 2016 #67
We hashed that out last week KamaAina Jun 2016 #75
Turns out it is illegal in California to attempt to remove people from custody jberryhill Jun 2016 #80
Good greif people bighart Jun 2016 #84
It's not just true, it's truthy. Igel Jun 2016 #91
Wednesday morning update mahatmakanejeeves Jun 2016 #113
is democracynow.org trying to make people more ignorant on purpose? snooper2 Jun 2016 #115
While we're at it.... mahatmakanejeeves Jun 2016 #121
That does seem to be the case. Dr. Strange Jun 2016 #122
She got 90 days, a fair sentence for what she did. NaturalHigh Jun 2016 #120
The point is that the rapists punishment was too short... TipTok Jun 2016 #127
One case has nothing to do with the other n/t jamese777 Jun 2016 #128

Response to NobodyHere (Reply #4)

AtheistCrusader

(33,982 posts)
72. Why?
Tue Jun 7, 2016, 05:32 PM
Jun 2016

Is it not wrong to forcefully remove people from lawful police custody? This was not for a fellow protestor. This was for someone the police arrested for dining and dashing. Completely unrelated to the nearby protest.

 

jberryhill

(62,444 posts)
64. Because the "name" given to a statutory offense is not as important as its elements
Tue Jun 7, 2016, 05:14 PM
Jun 2016

Most of the charges were dismissed.

It turns out, however, that it is a crime in California to attempt to remove someone from police custody when they've been lawfully arrested for theft.
 

jberryhill

(62,444 posts)
66. It is
Tue Jun 7, 2016, 05:20 PM
Jun 2016

In California, it turns out to be under the heading of "lynching" because it came about in the context of people storming jails to take out those to be lynched.

But the reason for the "de-arrest" is not in the statute, which merely makes it an offense to "de-arrest" people, as artfully stated in the OP.

What happened was that there was a demonstration going on in a park. Thoroughly unrelated to the demonstration, a woman had eaten at a nearby restaurant, skipped out on the tab, and proceeded near to the park. The police caught up with the thief at the park, at which point the demonstrators believed the thief to be under arrest for participating in the demonstration, rather than using the crowd to evade capture for the theft. At that point, it turned into an ugly scene, with Ms. Richards attempting to "de-arrest" the thief.

Most of the charges against Ms. Richards were dropped, with the exception of the remaining one, for which she was sentenced to 90 days less 18 days served.

saidsimplesimon

(7,888 posts)
9. I'll save comment until sentence is passed.
Tue Jun 7, 2016, 02:03 PM
Jun 2016

Thank you NobodyHere for saving me an immediate read.

I have recommend the piece and will read in full later. I support BLM and Senator Sanders.

 

JackRiddler

(24,979 posts)
53. Oh please.
Tue Jun 7, 2016, 04:51 PM
Jun 2016

That 4 years would even come into question, or that they would level a charge called "lynching," is suffic

The Minneapolis police called BLM a terrorist organization!

AtheistCrusader

(33,982 posts)
71. That's an appropriate name for the law.
Tue Jun 7, 2016, 05:26 PM
Jun 2016

It is named that, because at the time it was codified in statute, it was to STOP people from forcing their way into jails, physically seizing a prisoner, and lynching them or other bodily harm before trial.

The mechanism is; physically and forcefully removing the person from lawful arrest. That's all. It doesn't have anything to do with putting a rope around their neck. It doesn't differentiate between whether the person is being freed, or seized for the purposes of harming them.

I suggest you actually do a little bit of research on how laws are written and passed. It's a useful skill, and, not to be rude, but you could use the knowledge. Seriously.

 

JackRiddler

(24,979 posts)
93. I knew that and your condescension leaves me unimpressed.
Tue Jun 7, 2016, 08:22 PM
Jun 2016

It's a disgusting abuse of the law and you know it.

AtheistCrusader

(33,982 posts)
110. No, it isn't.
Wed Jun 8, 2016, 09:57 AM
Jun 2016

Also, the law was in the process of being re-named because it is apparently confusing to some people. The change was passed prior to the alleged crime, and took effect on or around January 1st.

Still illegal to attempt to remove someone from lawful police arrest, but it has a less confusing name.

 

Maedhros

(10,007 posts)
14. Three things:
Tue Jun 7, 2016, 02:39 PM
Jun 2016

1. The Stanford rapist is rich, the BLM activist is not.
2. The Stanford rapist is white, the BLM activist is not.
3. The Stanford rapist did not contest authority, the BLM activist did.

Lesson: do not be poor and black and question authority. Sadly, too many Americans are OK with this.

BlancheSplanchnik

(20,219 posts)
20. You forgot something important:
Tue Jun 7, 2016, 03:09 PM
Jun 2016

Stanford rapist is male.

Also lesson--don't be female, in any capacity. White, black, rich, poor, young, old, contesting authority, attempting to defend oneself, going to a party, walking, living in one's home, sleeping, having a drink, .....

 

Maedhros

(10,007 posts)
26. Yes - I did miss that.
Tue Jun 7, 2016, 03:28 PM
Jun 2016

Thanks for pointing it out.

Rich, white, male. It's win-win, all around. Laws are made for other people...

BlancheSplanchnik

(20,219 posts)
30. Yep.
Tue Jun 7, 2016, 03:40 PM
Jun 2016

Ugh.

As smirkymonkey pointed out, the only way rape threads get any traction around here is if it gets derailed into a race issue. Then, the good liberals will come out swinging for minority rights. While forgetting about the female victims of MEN.

 

jberryhill

(62,444 posts)
34. You both missed something
Tue Jun 7, 2016, 03:54 PM
Jun 2016

She didn't get 4 years.

She got 90 days, 18 of which were for time served.

And what she did had nothing to do with BLM activism. She was trying to "de-arrest" someone who was not part of a protest, but had skipped out on a restaurant without paying the tab.

BlancheSplanchnik

(20,219 posts)
40. I must admit, my focus was on the woman raped by the Stanford scumbag
Tue Jun 7, 2016, 03:58 PM
Jun 2016

And on the fact that rape threads and the women who are raped often get little attention, here and elsewhere.

 

jberryhill

(62,444 posts)
38. So, on point 3
Tue Jun 7, 2016, 03:58 PM
Jun 2016

You believe that if the police arrest someone for theft who skipped out on a restaurant without paying, then it is appropriate to "question authority" by attempting to physically remove that person from custody?

Do you think the server at the restaurant - whom this person fucked - is rich and/or white?

AtheistCrusader

(33,982 posts)
59. The stanford rapist faced 20 years. Five felonies. The lesson is; know the facts of the case.
Tue Jun 7, 2016, 05:09 PM
Jun 2016

Otherwise you will fail to make any sort of meaningful comparison between the two.

Person A: Attempted to remove a lawfully arrested person from police custody. (Felony)
Person B: Raped a person. (Five felonies.)

Person A faced 4 years.
Person B faced 20 years.

Person A was sentenced to 90 days.
Person B was sentenced to 180 days.



I would argue that Person B is entitled to, at minimum, another 3 months if we just compare felony counts upon which there was a conviction. (Person B was only found guilty of three felony counts)

Due to the severity of the crime, of course, I would argue for a lot more than just 3 months more. I would START with sentencing him to the amount of time he spent denying it, then penalty on top, but this sort of thing has been ruled unconstitutional via the fifth as a tool that could be used to attempt to force self-damaging testimony, so it's just a personal preference and not a policy suggestion.

passiveporcupine

(8,175 posts)
15. Stanford rapists' dad wrote letter
Tue Jun 7, 2016, 02:57 PM
Jun 2016

complaining that six months is too long for the 20 minute actions of his son's life.

 

KamaAina

(78,249 posts)
16. "20 minutes of action"
Tue Jun 7, 2016, 02:59 PM
Jun 2016

a phrase that will live in infamy alongside Clayton Williams' "relax and enjoy it" and Todd Akin's "legitimate rape victims have ways to try to shut that whole thing down".

passiveporcupine

(8,175 posts)
19. The disconnect is absolutely unreal
Tue Jun 7, 2016, 03:05 PM
Jun 2016

Of course his real message is that it was not a serious crime because his son was drunk (not drunk enough to try to escape from the two guys who caught him in the act).

But I wish I could respond to him:

It only takes a couple of seconds to aim a gun and pull a trigger and kill someone. Does that mean the perp should not have to spend more than a couple days in prison...you know, just to be fair to him?

BlancheSplanchnik

(20,219 posts)
32. "Not serious crime because his son was drunk"--sorry I have to disagree.
Tue Jun 7, 2016, 03:45 PM
Jun 2016

Daddy's real message is, sonny boy got some pu**y; there's no crime in that.

A woman and her personhood doesn't even come to mind for him and too many others like him.

I'd bet good money Daddy would have said the same thing if his little chip-off-the-old-block was sober.

 

smirkymonkey

(63,221 posts)
87. Exactly, if you kill someone in a vehicular homicide, do they let you off
Tue Jun 7, 2016, 06:24 PM
Jun 2016

with a slap on the wrist because "you were drunk and didn't really mean it"? Or if you commit a robbery or a murder under the influence, does the fact that your judgment was impaired due to drink or drug get you years knocked off your sentence because the Judge is pretty sure you wouldn't have done those things if you had been sober? NO.

It's only rape where it is a factor that the perpetrator was drunk that grants them leniency. Total bullshit.

BlancheSplanchnik

(20,219 posts)
96. More women in the legal system and government. Progressive women.
Tue Jun 7, 2016, 11:10 PM
Jun 2016

That's the only thing I can imagine would change the way women are treated in the courts. A LOT more women.

FrodosPet

(5,169 posts)
123. I made that point years ago
Wed Jun 8, 2016, 04:13 PM
Jun 2016

I said years ago more progressives need to get into law enforcement and prosecution.

It did NOT go well. It is much easier to complain than repair.

BlancheSplanchnik

(20,219 posts)
124. Yep. It seems if you say something, no matter how correct, ....
Wed Jun 8, 2016, 04:29 PM
Jun 2016

If people aren't ready to hear it, it won't go anywhere...temporarily.

Gotta keep passing around more evolved ideas, though. Eventually they reach critical mass.

More women are going into such areas, now. Those numbers will grow, as long as we're not forced into reproductive slavery by conservatives!

 

TipTok

(2,474 posts)
125. I was wondering what the mothers life must be like...
Wed Jun 8, 2016, 04:30 PM
Jun 2016

... In that household.

Not pleasant I suspect...

BlancheSplanchnik

(20,219 posts)
126. Seriously.
Wed Jun 8, 2016, 04:33 PM
Jun 2016

Absolutely...couldn't possibly be otherwise.

Hope this shakes her up. Who knows what could happen...

Response to KamaAina (Reply #16)

 

skepticscott

(13,029 posts)
31. A good reason for you not to be a judge either
Tue Jun 7, 2016, 03:44 PM
Jun 2016

A good judge does not indulge personal grudges and biases. Or assume executive powers.

 

Rex

(65,616 posts)
28. And if what his son did is what the father considers action, then maybe LEO needs to take a peek
Tue Jun 7, 2016, 03:31 PM
Jun 2016

in his basement. That is some creepy shit, rich or poor. Raping a women is action? Do tell dad. I want to hear more from daddy warbucks.

harrose

(380 posts)
97. He needs to be thrown in jail for a long sentence...
Tue Jun 7, 2016, 11:13 PM
Jun 2016

... then, maybe, he'll have a better appreciation of the damage his son did to the victim.

Dr. Strange

(25,919 posts)
114. What about the woman who said, "He doesn't need to be behind bars."
Wed Jun 8, 2016, 11:55 AM
Jun 2016

Should she be thrown in jail too?

 

Rex

(65,616 posts)
17. White rich male vs. black middle class female.
Tue Jun 7, 2016, 03:00 PM
Jun 2016

She never stood a chance, we live in a plutocracy that is run by very rich white conservative men.

 

jberryhill

(62,444 posts)
41. Who said they were equivalent?
Tue Jun 7, 2016, 03:59 PM
Jun 2016

Perhaps we might start with understanding how long a month is.

The Stanford sentence is an outrage.

That does not mean its okay to help people rip off restaurant staff and waiters who are trying to make a living.
 

AlbertCat

(17,505 posts)
44. White rich male vs. black middle class female.
Tue Jun 7, 2016, 04:29 PM
Jun 2016

Wait...

They're in the same case?...against each other?


Or is it two completely different cases, each with it's own set of evidence, residences, judges , etc. and for 2 unrelated crimes?

 

Rex

(65,616 posts)
46. What case? I am talking about ranking in our plutocracy, what are you talking about?
Tue Jun 7, 2016, 04:33 PM
Jun 2016

Are you unaware there is a inherent hierarchy in America?

 

jberryhill

(62,444 posts)
60. "a plutocracy that is run by very rich white conservative men"
Tue Jun 7, 2016, 05:10 PM
Jun 2016

The very rich white conservative man who sentenced Ms. Richards is second from the left in this picture, incidentally:



Judge Elaine Lu

Jack Rabbit

(45,984 posts)
18. White privilege?
Tue Jun 7, 2016, 03:02 PM
Jun 2016

If we white folks don't think too much about white privilege, it is because few individual whites know when he's been its beneficiary. For example, I don't know if I was ever hired for a job because I am a white male over somebody who isn't; I seldom knew who my competition for that position was.

In this case, however, I just can't think of a better answer.

meow2u3

(24,761 posts)
27. More like right-wing white privilege
Tue Jun 7, 2016, 03:28 PM
Jun 2016

Liberal whites would have the book thrown at them for much lesser offenses.

Igel

(35,296 posts)
89. I know I was.
Tue Jun 7, 2016, 07:14 PM
Jun 2016

Then again, they delayed hiring anybody for over a month, hoping that an Asian would apply for the job.

That's what my boss told me straight out. "We waited for a Chinese to apply, because they work harder and are smarter than whites. But we hired you because the other applicant was black, and they're even more stupid and lazy than whites."

Boy, did I feel privileged.

Nye Bevan

(25,406 posts)
23. Another vote for "let's see what she gets".
Tue Jun 7, 2016, 03:16 PM
Jun 2016

If she does get four years I will unequivocally condemn the sentence, but I suspect that it will be a lot less.

 

jberryhill

(62,444 posts)
35. 90 days, 18 already served
Tue Jun 7, 2016, 03:55 PM
Jun 2016

For trying to "de-arrest" someone who skipped out on a restaurant without paying.
 

jberryhill

(62,444 posts)
68. The judge, incidentally, is a minority woman and Democrat
Tue Jun 7, 2016, 05:23 PM
Jun 2016

Judge Elaine Lu is, in this OP, the agent of institutional racism and white male privilege.

https://ballotpedia.org/Elaine_Lu

Response to KamaAina (Original post)

 

jberryhill

(62,444 posts)
62. I see, and how much does Judge Elaine Lu have?
Tue Jun 7, 2016, 05:11 PM
Jun 2016

Or are you opposed to minority women judges in general?

d_legendary1

(2,586 posts)
29. She doesn't know the secret hand shake
Tue Jun 7, 2016, 03:35 PM
Jun 2016

Nor does she have the capital to hire a really good attorney to get herself a reduced sentence. Nor is she the right color to stand trial.

d_legendary1

(2,586 posts)
108. Nor did you
Wed Jun 8, 2016, 09:19 AM
Jun 2016

Judge in the rapist case is also an alumni where this puke attended school.

Kid's old man is loaded so it means high priced attorneys.

BLM activist is working class, which means public defender (if she can afford the fee).

BLM activist is still black.

What exactly did I miss?

AtheistCrusader

(33,982 posts)
109. That one party got a sentence commensurate with the crime.
Wed Jun 8, 2016, 09:55 AM
Jun 2016

I agree, the rapist's legal team was more effective, and I also agree the judge is corrupt.

That's where the inequity between the two cases ends.

d_legendary1

(2,586 posts)
116. Excercising 1st amendment rights should not commensurate a crime
Wed Jun 8, 2016, 01:50 PM
Jun 2016

She was not inciting a riot. She was protesting peacefully before this woman appeared out of nowhere. Her charges were trumped up and she got 90 days for it. If she had a good team of lawyers she would have gotten off with a slap on the wrist.

But being working class, a minority, and being a victim of selective enforcement (lynching, really?) she ends up serving more time than she's supposed to.

AtheistCrusader

(33,982 posts)
118. Wrong. She was mistaken, no doubt.
Wed Jun 8, 2016, 01:59 PM
Jun 2016

But the person she tried to liberate from lawful arrest was not even part of the protest.

That's not protected first amendment expression. She can't even argue that the person she was trying to free was unlawfully arrested.


For the severalth time, Lynching is the name of the law, not the act she was committing. It was a problem that precursored events in which prisoners were lynched, so the name stuck. It in no way suggests she was trying to actually lynch anyone, only that she was trying to free someone from lawful arrest. That is not a meaningful objection. The law is not 'selective', if you attempt to remove someone from police custody in any state in the union, you will be charged with a crime, even if the name varies.

90 days is not unreasonable. The 180 days for the rapist, that's unreasonable. On the low end of the scale. In fact, it's not even on the scale.

IronLionZion

(45,411 posts)
43. Incorrect headline. Jasmine Richards got 90 days in county jail
Tue Jun 7, 2016, 04:06 PM
Jun 2016

plus 3 years probation.


http://www.latimes.com/local/lanow/la-me-ln-0507-black-lives-pasadena-snap-story.html

Jasmine Richards was arrested by Pasadena police in September after a demonstration in La Pintoresca Park. Police arrived at the scene after a woman reportedly walked out of a restaurant in the 1300 block of North Fair Oaks Avenue without paying. The woman joined a group of people, including Richards, who had gathered at the park after a peace march, said her attorney, Nana Gyamfi.

When police took the woman into custody, Richards tried to start a riot, prosecutors said. Richards was arrested several days later after police reviewed evidence of the incident.



The rapist "faced" 6 years which is what prosecutors asked for. Yes, it is widely viewed as lenient that he only got 6 months but the judge in that case is facing public backlash which can affect his reelection chances.

I'm all in favor of more equal sentencing, but this is a poor example to use. There really is no comparison between police interference/inciting riot and raping an unconscious woman behind a dumpster hard enough to give her severe bruising. It's like comparing apples to raping someone.

hfojvt

(37,573 posts)
56. nothing quite like riling people up before the fact
Tue Jun 7, 2016, 05:04 PM
Jun 2016

and without the facts.

I used to think that journalism from the left was a positive thing.

Then I saw too much of it.

AtheistCrusader

(33,982 posts)
76. initially there were five felony counts against the rapist, so theoretically, up to 20 years consecu
Tue Jun 7, 2016, 05:37 PM
Jun 2016

tively. (Would never happen)

The comparison was severely flawed, even muddying the waters between charges and sentencing in the two cases.

 

Rex

(65,616 posts)
48. I see some here are confused and don't understand the inherent social ranking in our society.
Tue Jun 7, 2016, 04:36 PM
Jun 2016

For them it is about a court case. Oh well, maybe one day they will get it.

 

jberryhill

(62,444 posts)
79. Well, it is apparently the belief of many here at DU that minority women cannot be trusted
Tue Jun 7, 2016, 05:49 PM
Jun 2016

I guess Judge Lu heads home from the court, takes off her skinsuit and is a rich white guy.

IronLionZion

(45,411 posts)
82. It's also the belief of most Americans that a judge would be white and male
Tue Jun 7, 2016, 05:54 PM
Jun 2016

it's often the default thought when someone's ethnicity or gender is not specified.


 

jberryhill

(62,444 posts)
83. Yeah, this thread is unintentionally revealing
Tue Jun 7, 2016, 05:55 PM
Jun 2016

The racist and sexist assumptions of the knee-jerk brigade here are pretty clear.

AtheistCrusader

(33,982 posts)
77. We're not confused. We're informed.
Tue Jun 7, 2016, 05:37 PM
Jun 2016

Because we GAVE A SHIT ENOUGH TO RESEARCH THE FACTS OF BOTH CASES.

Igel

(35,296 posts)
90. You're using the court case as evidence for the ranking.
Tue Jun 7, 2016, 07:16 PM
Jun 2016

But it doesn't fit.

It's a datum that has to be thrown out, I guess, because we have to assume the premise. That's the only true way of constructing a syllogism.

 

jberryhill

(62,444 posts)
63. Because Democratic minority women judges are biased? Is that what you want to go with?
Tue Jun 7, 2016, 05:12 PM
Jun 2016

Do you know who it was that sentenced her to 72 days?

MrScorpio

(73,630 posts)
86. Anti-black bias is not just a problem of the right
Tue Jun 7, 2016, 06:15 PM
Jun 2016

It's a systemic problem which infects everything, including the left and Democrats.

MrScorpio

(73,630 posts)
94. If all other conditions had been the same and our white preppy, rapist had been black instead...
Tue Jun 7, 2016, 08:45 PM
Jun 2016

I seriously doubt that the results of his case would play out in the exact same way.

Anti-Black bias is something that gives all whites the benefit of the doubt, therein it is the epitome of unearned white privilege.

 

jberryhill

(62,444 posts)
95. Which has what to do with this?
Tue Jun 7, 2016, 09:28 PM
Jun 2016

The judge in the Stanford rape case is facing a recall, as Superior Court judges in California are elected.

I am asking you what Judge Lu did in this case which demonstrates some sort of bias?

 

jberryhill

(62,444 posts)
99. I'm aware of that
Wed Jun 8, 2016, 12:03 AM
Jun 2016

In what way does this case illustrate that statistical reality?

The identity of the victim also influences sentencing decisions, although in this instance we do not know the identity of the restaurant owner, cooks and waitstaff who were robbed.

What I do not understand, and what I would like to know, since I am missing something, is how does this case render "same crime, different punishment" on the basis of race to be apparent?

The systematic consequences are that the judge in the Stanford case is likely to not be a judge in the foreseeable future. What should be done to the judge in this case, in your opinion?

MrScorpio

(73,630 posts)
101. Looking beyond the statistics, it's quite clear that if you're black in America, you're screwed
Wed Jun 8, 2016, 12:30 AM
Jun 2016

By a so-called criminal system which is racially biased and indiscriminately and disproportionally affects black people in favor of whites. It always has been and isn't going to be changed in the future. Not only are white defendants given more lenient sentences, but white victims are given consideration as well.

But not always, of course, especially if you're a white woman who was raped by a white man... That's patriarchy at work.

"Same crime, different punishment" is merely a template by which the we can see that the system is inherently biased and unfair. Basically, it would be naive to not account for the way that race affects prosecutions and verdicts. Pretty much, it's not to be trusted at all in that regard. As I said, if you're black, the system is going to everything that it can to screw you.

The judge in the Stanford case? Who knows what's going to happen to him or what should happen to him. I would imagine that it all depends on how many whites are incensed enough by the verdict in order to do something about it. I find it interesting that this judge only came under scrutiny at this point.

 

Kentonio

(4,377 posts)
105. Except that in this case, that very clearly did not happen.
Wed Jun 8, 2016, 04:47 AM
Jun 2016

The 'system' could have sentenced her to 4 years, but instead gave her a 90 day sentence because it was clear that she'd broken the law by misunderstanding what was happening that day, and had instead jumped to incorrect conclusions.

A lot like what it happening in this thread in fact.

MrScorpio

(73,630 posts)
106. Well, let's compare apples to apples...
Wed Jun 8, 2016, 04:57 AM
Jun 2016

Here we have a young black man who was wrongfully convicted of rape, who only got out of prison after the accuser who falsely accuser recanted. By that time, he had spent FIVE YEARS IN PRISON. No six month sentence, no probation... Straight to prison.

His take on Turner's sentence, compared to his own, is quite straight forward: Turner was definitely the recipient of white privilege at work. Something that could never be assigned to any who's black.


Wrongfully Convicted Black Man Who Spent 5 Years in Prison for Rape Comments on White Student’s Lenient Sentence

Judge Aaron Persky, however, dismissed both the sentencing guidelines and the recommendations of prosecutors in sentencing 23-year-old Turner to six months in prison for assaulting a female student behind a dumpster. It is likely that with good behavior, Turner will be out of jail in only six months.

Speaking to the New York Post, Banks discussed how this kind of leniency is not shown to poor kids.


“I would say it’s a case of privilege,” Banks said. “It seems like the judge based his decision on lifestyle. He’s lived such a good life and has never experienced anything serious in his life that would prepare him for prison. He was sheltered so much he wouldn’t be able to survive prison. What about the kid who has nothing, he struggles to eat, struggles to get a fair education? What about the kid who has no choice who he is born to and has drug-addicted parents or a non-parent household? Where is the consideration for them when they commit a crime?”

Although the judge was empathetic to Turner, Banks said the judge in his case couldn’t have cared less.

http://yourblackworld.net/2016/06/07/wrongfully-convicted-black-man-who-spent-5-years-in-prison-for-rape-comments-on-white-students-lenient-sentence/
 

Kentonio

(4,377 posts)
107. Yep, and these cases are a great way of pointing out the horrible disconnect in the justice system.
Wed Jun 8, 2016, 05:02 AM
Jun 2016

A simple look at the proportion of each race in jail also more than proves the argument.

Just not the case that the op is talking about.

AtheistCrusader

(33,982 posts)
54. This headline is a fallacy, known as a 'False Dichotomy'.
Tue Jun 7, 2016, 05:01 PM
Jun 2016

The Stanford rapist FACED, a lot more than 6 months. He was sentenced to 6 months. He FACED 20 years for the five separate felony counts.

The activist (who was not being an activist at the time, so it is as irrelevant as the swimmer being a swimmer at the time of the rape, since he was not swimming) FACED 4 years, and was sentenced to 3 months.

Not equitable, but not because the activist's sentence was too long, but rather because the rapist's sentence was far too short, and the judge now faces a credible recall effort for doing so.

In all 50 states, it is unlawful to attempt to remove a person who has been arrested from police custody. The penalty is not trivial, and 90 days is actually quite light for the crime. (Worse crime than the crime the person the activist was trying to liberate was accused of.)

 

melman

(7,681 posts)
81. Why even bother?
Tue Jun 7, 2016, 05:52 PM
Jun 2016

OP posted to generate outrage. Outrage was achieved.

Most people reading and rec'ing aren't interested in anything else.

 

jberryhill

(62,444 posts)
80. Turns out it is illegal in California to attempt to remove people from custody
Tue Jun 7, 2016, 05:50 PM
Jun 2016

...when they have been lawfully arrested.

Who knew.

bighart

(1,565 posts)
84. Good greif people
Tue Jun 7, 2016, 05:56 PM
Jun 2016

It is always a good idea to make sure you know what you are commenting about before you say something.
The level of ignorance of the case and sentence involving the BLM activist displayed in the comments made in this thread is truly amazing.

I thought we are supposed to be the ones that actually look at the facts and make rational, reasoned decisions but this thread proves that is a faulty belief.

Igel

(35,296 posts)
91. It's not just true, it's truthy.
Tue Jun 7, 2016, 07:19 PM
Jun 2016

A higher level of truth than mere facts and understanding. Don't worry about the emote in your brother's eye when you have a beam of light in your own, apparently.

mahatmakanejeeves

(57,379 posts)
113. Wednesday morning update
Wed Jun 8, 2016, 10:59 AM
Jun 2016

Last edited Wed Jun 8, 2016, 02:40 PM - Edit history (1)

In an exception to my usual policy, I'm going to link to a website that is not that of a mainstream print journalism organization. The bloggers at this site can hardly be accused of being hostile to Richards.

This is quoted material from the article. The article notes that the correct name of the charge for which Richards was convicted is “attempting to unlawfully remove a suspect from police custody.” The old name was “felony lynching.”

Also note that the person who had allegedly left the restaurant without paying was a "suspect {who} had already assaulted and injured someone.” There is no indication that Richards was aware of those allegations.

Black Lives Matters Pasadena Activist Jasmine Richards Sentenced to 90 Days in Jail in “Unlawful Taking” Case

By EDDIE RIVERA, Community Editor

4:46 am | June 8, 2016

Black Lives Matter Pasadena activist Jasmine Richards was sentenced Tuesday morning to 90 days in LA County Jail less 18 days time served. Richards was also ordered to attend anger management classes following her conviction last week. Richards was found guilty of “Attempting to unlawfully remove a suspect from police custody” in an incident last August. ... The charge, until last year, was known as “felony lynching.”
....

LA Deputy District Attorney Christine Kee asked for 180 days in County Jail, and pointed out Richards’ previous convictions over the years, including petty theft and assault. Richards had also received two violations while on bail for the charge. The probation department’s recommendation was for one year in County Jail. ... Kee told Judge Lu that Richards had “inserted” herself in to a case that “had nothing to do with her, and where a suspect had already assaulted and injured someone.” She “did not allow the police to do their job,” Kee added. ... Richards has previous convictions for assault and petty theft in 2010 and 2011, Kee reminded the judge.
....

Richards will return to court July 14 for pre-trial hearings in her two pending misdemeanor cases. She is charged with making a criminal threat and disturbing the peace in one incident, and battery of a police officer and resisting arrest in a second incident. ... Prosecutors said they have video of both incidents.

Let's go back to September:

Black Lives Matter demonstrators denounce arrest of Pasadena organizer

By Brian Day, San Gabriel Valley Tribune

Posted: 09/03/15, 9:51 PM PDT | Updated: on 09/03/2015

PASADENA >> Southland Black Lives Matter activists expressed outrage Thursday over what they described as the “targeted arrest” of a Pasadena organizer on “false” felony charges stemming from a confrontation with officers at La Pintoresca Park last weekend. ... Jasmine Richards, 28, was arrested Wednesday afternoon on suspicion of taking a person from lawful police custody by means of a riot — legally defined as lynching, inciting a riot, resisting or obstructing police and child endangerment.
....

This was Richards’ second arrest by Pasadena police since late-march {sic}, when she was arrested on a series of misdemeanor charges stemming from a March 24 Black Lives Matter rally. That case is pending.
....

Richard’s arrest Wednesday resulted from a confrontation four days earlier at La Pintoresca Park between police trying to arrest a woman on suspicion of battery and Black Lives Matter protestors led by Richards, Ibarra said. ... Officers had responded to a report that a woman punched at least one restaurant staff member after being unable to pay her bill while eating at a restaurant in the 1300 block of North Fair Oaks Avenue, police said. The restaurant staff pointed out the suspect, 20-year-old Benita Escoe of Pasadena, who had since walked to the park, Ibarra said.

Police took Escoe into custody for the alleged assault when Richards and other protestors, who had gathered a the park following a peace march, rushed toward the arresting officers, Ibarra said. ... Richards and other members of the group repeatedly tried to grab Escoe away from police custody, Ibarra said.

mahatmakanejeeves

(57,379 posts)
121. While we're at it....
Wed Jun 8, 2016, 04:03 PM
Jun 2016

Here are the charges of which Brock Turner was convicted:

All-American swimmer found guilty of sexually assaulting unconscious woman on Stanford campus

By Michael E. Miller
@MikeMillerDC

March 31

....
It took the jury two days to find Turner guilty of three felonies: assault with intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. Prosecutors had dropped rape charges several months earlier.

Dr. Strange

(25,919 posts)
122. That does seem to be the case.
Wed Jun 8, 2016, 04:08 PM
Jun 2016
SEN. KEVIN DE LEÓN: Well, listen, I’m not familiar with the legal details of this case, but nonetheless...

.
.
.

COUNCILMEMBER GIL CEDILLO: Again, I also don’t know the details of the case, but ...

 

TipTok

(2,474 posts)
127. The point is that the rapists punishment was too short...
Wed Jun 8, 2016, 04:34 PM
Jun 2016

That doesn't negate the fact that the woman in the other case didn't deserve everything she got.

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