NM judge believes daily prison rape is a fit punishment for nearly all defendants

With overcrowding they could only do that by refusing to pass custodial sentences for all but the most egregious of offenders. Not that I think that is a bad idea.

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Well, there are escalating consequences for one thing. At the end of the line, perhaps they get popped into a cell until they come to their senses. The point is: Prison should not be the default for so many offenses. Got to start somewhere.

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A lot of Americans, just everyday citizens or those in the justice system believe this way.

“Cruel and unusual punishment”.

The American prison system is an incredibly deep shame.

Overhauling it and the entire justice system should be the major domestic priority.

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Thank you. I agree she did put a lot of drama into something that would have been better told to the boy in a private setting. Unfortunately what she said is reality based. I can’t imagine how a judge or prosecutor sleeps at night when they send a non-violent person to prison…and No, I don’t have the answers but it sure would be an interesting question to hear discussed in political debates or classrooms or social gatherings.

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I think a more likely possibility is that she thinks only “young and dumb” (to use her own words) or less hardened men are likely to be raped in prison, and that she may therefore be trying to give probation where possible to those she considers at risk. But that really is just speculation and only to point out that there are other possible motives for her sentences than the one in the headline, which was presented as unequivocal fact.

Also, I don’t think you’re being flippant. I just think you’re jumping to a conclusion that’s merely one of several possible motivation for who and when she sends people to prison. And it doesn’t change the fact that, whether she knows it or not, statistically some of her defendants are going to be raped in prison.

It would have been more couth and professional. On the other hand, while, in my opinion, I doubt it was in any way her motivation (there weren’t any cameras and she couldn’t have known reporters would get a hold of the court transcript), it has had the positive effect of boosting discussion.

From the news video in the articled linked to, she’d been previously criticized for being lenient on defendants regarding bail, so, at a guess, perhaps she felt she needed to explain her decision to the court.

Cory. You are fucking loosing it, you know that? God knows I agree with you (essentially) on most things, but you’ve just lost it here. Or are you just trying out writing for The Onion? Hum, that won’t work. The Onion is better than that.

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Judges can’t sentence people that juries find innocent. Just something to keep in mind the next time you’re called for jury duty for someone accused of a non-violent crime.

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Yeah, I’ve known a few people who’ve been through the American system, and by far the worst incarceration is in local jails and holding tanks before trial. The inmates know that they’re not sticking around after they’ve had their day in court, so they do whatever the hell abusive shit they feel like. Also the jails and holding tanks have a lot of frequent fliers. So they’re comfortable there, and when you get tossed in for the first time they know their routine, and you’re never prepared to go to jail.

Prisons are comparatively less outright brutal, since there’s society on the inside, people know they’ll be seeing a hell of a lot of each other, so in that sense it can pay to play nice.

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not directly related, but a Slate article I read yesterday displays “nicely” one of the big issues with picking jury candidates:

How Prejudiced Prosecutors Create All-White Juries

During jury selection, the prosecutor referred to three black prospective jurors as “B#1,” “B#2,” and “B#3” in his notes, and consulted with an investigator who warned him that he should avoid “having to pick one of the black jurors.” The prosecutor ultimately struck every black candidate from the jury pool until only whites remained.
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Maybe the name “penal system” is giving judges the wrong idea?

You need to take the 2 off of the end of your link.

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oops. Thanks, fixed it.

@hmsgoose
Wait, what? How is she compelling people to commit crimes? This is just
some “scared straight” shtick they use on first timers to hopefully keep
them out of trouble. If she didn’t care, this kid would be screwed,
figuratively and literally.

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