[admin]

By Paul Elias, AP . . . The leader of the successful recall of a Northern California judge for an unpopular sexual assault sentence warned that the re
[See the full post at: Judge Persky recalled: another day of infamy]

[WC_TN]

Whew! This is really a disastrous precedent. This just goes to show you that the victim’s rights movement has far too much sway. Yes, I get it that victims get to be heard, but I don’t get going about it in such a way so as to undermine judicial independence. Now judges are going to go into maximum CYA mode and slam all “sex offenders” with disproportionately long sentences just to save their own political careers regardless of whether or not the crime warrants a harsh sentence.

This is as bad as the Supreme Court ruling in Salinas v. Texas that said your silence during a non-custodial questioning by police can be used against you.

[Sub]

Is it legal for a the American Truck School to accept felon applicants, but to write under requirements: “no sex offenders”?

[Tim L]

This is a result of SCOTUS ruling on Megan’s law & the Whetterling act. So a the words of judgements and judges are under attack because they are following their leadership. Undermining judicial authority is a death nail in democratic republics.

[WCB]

This is not a good precedent. I, of course, view it from my perspective – 36 years on the bench. I found early on that I had to make a decision – be swayed by public reaction or not. I chose not to let it affect my decisions, deciding that I would rather lose an election than sell out to public opinion. But I watched others do otherwise, increasing the severity of sentences during a contested election year. Judge Persky’s recall just increases the likelihood of this type of thing.

[Tim L]

WCB,

36 bench years is a long tough road. You must have observed testimonies most would presume ficticious. Too vile to repeat the behavior of some humans.

I, like you come from a different perspective. My analysis forms solely from the “DATABASE” as the primary interest. It is a property interest. After all, by what other means could government attain email addresses and such? No way other than stationing agents over the registrant’s shoulder. Clearly a warrantless search.

The database and uses, in human history will be significant to say the least. Perhaps more significant than the printing press. Similar to the fire arm a database can be misused.

State’s use of the database in this case, while presumptively civil and sound policy, do indeed impose a form of indentured servitude (electronic) and removes significantly the right to remain silent and incriminate oneself.

May I implore a response to what I have posted?

[Glen]

Thank you for your service and Honorable approach to judicial matters. Having said that, after reading your post, do you feel appointment of judges -rather than electing them – may more likey ensure a judge could base a decision more fairly? As opposed to the pressures of public oppinion may have on a judges verdict?

Respectfully,

Glen

[d]

When Judgments are made to make a part of the public happy and not based on LAW this country is gonna be FUBAR!!!! These Idiot me too women are going to hate it when the pendulum swings back.

[Author]

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