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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:55 PM
Original message
Rapist gets 60 DAYS for raping little girl many times over 4 years
Rapist's Prison Sentence Triggers Outrage

Burlington, Vt. -- There was outrage Wednesday when a Vermont judge handed out a 60-day jail sentence to a man who raped a little girl many,many times over a four-year span starting when she was seven.

The judge said he no longer believes in punishment and is more concerned about rehabilitation.

Prosecutors argued that confessed child-rapist Mark Hulett, 34, of Williston deserved at least eight years behind bars for repeatedly raping a littler girl countless times starting when she was seven.

But Judge Edward Cashman disagreed explaining that he no longer believes that punishment works.

"The one message I want to get through is that anger doesn't solve anything. It just corrodes your soul," said Judge Edward Cashman speaking to a packed Burlington courtroom. Most of the on-lookers were related to a young girl who was repeatedly raped by Mark Hulett who was in court to be sentenced.

http://www.cfadvocate.com/props/public_html/?module=displaystory&story_id=816&format=html
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WI_DEM Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:57 PM
Response to Original message
1. so this is the case he starts with rehab vs. punishment?
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lala_rawraw Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:59 PM
Response to Original message
2. and 60 days is going to cure this sicko????
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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:01 PM
Response to Reply #2
21. Nope
He should serve a full time and he should go to therapy while in prison.
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liberalnurse Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:02 PM
Response to Reply #2
22. It may be comforting to know
that jail can make 60 days feel like 60 years. He will get his come-up'ens repeatedly!
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:36 PM
Response to Reply #22
28. no comfort there-
he'll just come out even more twisted than he went in-

And looking the other way when men abuse men in jail, is not something i'm at all comforted by- Rape, is something no one should ever experience. And revenge only spreads harm. The man needs to be confined in a place where he cannot have an opportunity to do this to anyone else.
Nothing will bring back what was taken from this child- ever-

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fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 09:38 PM
Response to Reply #28
57. thanks for saying that, Bluerthanblue
I think this guy should spend a long time in jail, but I always get uncomfortable when people gloat about prison rape. I'm aware of the appeal of ironic vengeance, but imo the glee with which some in society celebrate the rape of others (even sick bastards).
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:56 PM
Response to Reply #57
85. rape is
wrong in ANY situation- under ANY circumstance, and causes more harm than anyone can possibly realize- sometimes even 'if' they've been there- The 'effects' aren't always obvious, or evident immediately- but they are devastating, and deadly none the less.

Two wrongs only make the world worse- and we are wrong enough already.....-
Thank you- for understanding, and looking beyond anger, the very human desire for revenge, and the temporary but poisonous satisfaction of retaliating 'in kind'-
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BlueCaliDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:55 PM
Response to Reply #22
84. I'll Agree if ONLY he's placed within the general population!
THEN "60 days" can feel like "60 years"--or those 60 hours he has left to live when the other inmates get a hold of him!

NO solitary confinement. NO "special circumstance" treatment--just put the monster in with the prison's general population allowing judgment by his own peers, and let the chips fall where they may.

I'd like HIM to feel what it's like to be vulnerable, and delivered over to more powerful entities than himself--just like he made that poor little girl feel as he tortured her over, and over again.

It's more just, cheaper, and quick than the death penalty because as everyone knows, child molesters and rapists don't last longer than a couple of weeks tops when placed in a prison's general population; and it's far more just, fair, and again, cheaper to the taxpayers (her family being part of that fortunate group) than holding him up for 6-8 or even 50 or more years in a prison sentence.
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Marnieworld Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:06 PM
Response to Reply #2
25. I'd like to know his record for drug offenders
Edited on Thu Jan-05-06 02:06 PM by Marnieworld
Rehab vs. punishment there too? ANd really what effective rehab exists for child molesters? I hate this man so much.
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RubyDuby in GA Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:59 PM
Response to Original message
3. If I were a betting person
I'd wager something really bad will happen to this man when his 60 days are up and he's freed from prison.

I'm just sayin'........
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pointblank Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 12:59 PM
Response to Original message
4. While he is incarcerated for 60 days
may he find salvation as he prays every day for the biggest jar of vaseline this side of the Mississippi. We pray this in astro glide's name...Amen.
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tatertop Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:00 PM
Response to Reply #4
6. Yes... something along those lines
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Nikia Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 06:24 PM
Response to Reply #4
67. Assault in jail isn't as common as in prision
There are generally less violent criminals in jail. They are either awaiting trial or are serving short sentences. Most do not really want to do anything that would possibily cause them to serve a much longer sentence in prision which is more dangerous. People facing months, not decades generally don't want trouble.
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Momgonepostal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:00 PM
Response to Original message
5. It's time for a judge to retire
That's about the most inappropriate sentence I have ever heard.
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cybildisobedience Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:01 PM
Response to Original message
7. just out of curiosity....
No making judgement on the sentence or the judge's view: what were the circumstances here? How was this man allowed access to this little girl countless times? Where was the family?
Would be interested in hearing more about this case...
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uppityperson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:08 PM
Response to Reply #7
13. She was raped multiple times ages 7-10 are circumstances.
Most of these cases are by friends or family. Does it matter if he was a friend/family or a passing stranger? Most of these cases, the child is too scared to say anything for a long time. Does it matter what the cause of the child's fear was?
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:29 PM
Response to Reply #7
16. Vermont: Chittenden District Court: 2683-5-05 Cncr/Criminal

Chittenden
District Court
==============
01/04/06 at 01:00 PM State vs. Hulett, Mark
Room 3A 2683-5-05 Cncr/Criminal
Edward J. Cashman
Sentencing Hearing
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MountainLaurel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 03:09 PM
Response to Reply #7
29. He probably was family
After all, more than 90 percent of child rape cases involve a family member or someone else close to the family or the child, like a sibling's friend.
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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 09:59 PM
Response to Reply #29
59. The Burlington article
referred to him as a the father of the girl's friend
.

"Hulett began sexually abusing the girl -- a friend's daughter -- when she was 6, and the conduct continued until the girl turned 10 in April, according to court papers and testimony Wednesday from the girl's relatives....

The Corrections Department's refusal to treat Hulett drew ire from prosecutors and the judge. Defense psychologist William Cunningham said Hulett showed little empathy for the harm he caused the girl and her family; regretted only "the loss of a friend;" and would require stringent supervision and dire consequences to comply with court orders, such as receiving counseling.

Prosecutor Nicole Andreson said punishment is a valid component of a sentence.

"This is not only about Mr. Hulett," Andreson said in arguing for an eight-year minimum. "To sentence him to any less demeans the level of trauma he has caused. To sentence him to any less will send a disturbing message of tolerance to the community."

http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20060105/NEWS01/601050313/1009&theme=
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Imagevision Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:37 PM
Response to Reply #29
80. The Judge was hooked up or got his own thing goin on or paid off
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Crazy Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:02 PM
Response to Original message
8. They should seize this judge's computer....
and see how much child pornography he has on it. Probably just as sick as the bastard he's letting loose.
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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:44 PM
Response to Reply #8
17. That was my first thought as well n/t
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A Simple Game Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:51 PM
Response to Reply #8
18. Wouldn't hurt to check his bank accounts also.
Are there no minimum sentences involved in this case?

An appeal certainly seems to be called for in this case.
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thereismore Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:02 PM
Response to Original message
9. Then why give him even 60 days, Mr. Cashman? I think some people
are just crazy in their head, you know. Batshit crazy, like this judge.
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High Plains Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:31 PM
Response to Reply #9
77. The judge has his reasons. Try reading the whole article:
"But Judge Cashman explained that he is more concerned that Hulett receive sex offender treatment as rehabilitation. But under Department of Corrections classification, Hulett is considered a low-risk for re-offense so he does not qualify for in-prison treatment.So the judge sentenced him to just 60 days in prison and then Hulett must complete sex treatment when he gets out or face a possible life sentence.


Judge Cashman also also revealed that he once handed down stiff sentences when he first got on the bench 25 years ago, but he no longer believes in punishment.


"I discovered it accomplishes nothing of value;it doesn't make anything better;it costs us a lot of money; we create a lot of expectation, and we feed on anger,"Cashman explained to the people in the court."
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amitten Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:03 PM
Response to Original message
10. So, is the judge going to fund "rehabilitation" for the little girl?
Edited on Thu Jan-05-06 01:04 PM by amitten
Asshole.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:29 PM
Response to Reply #10
27. nothing will
ever be the same for her- ... nothing. no ammount of money, counselling, drugs, support-
reassurance- she will never get back what has been stolen.

innocence- the belief that this world will not become a living hell ... can never be regained.

not even decades later.

There are fates worse than death-
i know.

I wish she didn't have to learn.
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jwirr Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:04 PM
Response to Original message
11. THIS is where I and liberal judges part company. However,
I do not think conservative judges do any better in this area.
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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:03 PM
Response to Reply #11
23. What I think is
Edited on Thu Jan-05-06 02:04 PM by FreedomAngel82
that anger doesn't solve anything but the guy should still get the appropriate sentence for raping a young girl like that and still help him get help. Sixty days is nothing and is shameful. What kind of message is that sending to other people who are rapists? That they can get away with it and just promise to "seek" help?
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Greybnk48 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:01 PM
Response to Reply #11
35. Why is making an idiotic judgment liberal??
Allowing pedophile rapists off is not liberal. This judge is a fucking idiot who may happen to be a liberal. But his actions do not, by any stretch, reflect liberal ideology. As a matter of fact, his leniency in regard to the treatment of this female fits more closely with a conservative ideology, i.e., objectification and degradation of women (including the very young).
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jwirr Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 06:32 PM
Response to Reply #35
50. I assumed that his belief in treatment instead of punishment
was a liberal belief. Conservs do not believe in treatment unless it is with their preachers. I agree that I am making an assumption but it was not based on the point you make.
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Greybnk48 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 02:06 PM
Response to Reply #50
64. sorry for the "lashout" jwirr
it just pisses me off that often, too often, these assumptions are made.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 07:55 PM
Response to Reply #11
55. What's "liberal" about giving a serial child rapist a slap on the wrist?
"Now, now, Mark, mustn't rape any more little girls. Gives me all that paperwork to fill out, you know, when you do." :puke: :grr: :headbang:
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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 10:02 PM
Response to Reply #11
60. He was appointed by a Republican governor
so he is more than likely a Republican.
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LuCifer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:04 PM
Response to Original message
12. But these asshole will lock up POTHEAD for 90 years
for having a goddamn pin-joint. NO JUSTICE, NO PEACE! We need to break out our brothers & sisters in jail for weed and replace them with SCUMBAG RAPISTS LIKE THIS.

Lu
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90-percent Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:10 PM
Response to Reply #12
15. hmmmm
this gentleman is gonna go places in the Republican Party after he gets out.

A resume to die for!

Our penal codes are there for selective enforcement and mass criminalization. At any given time, most of us could be arrested for SOMETHING, as there's laws against EVERYTHING.

so those the government doesn't like gets all these laws imposed only on them, to take them out.

-85% Jimmy

It's a concept I got as a result of being a Zappa Fan.

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LuCifer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 09:17 PM
Response to Reply #15
56. Oh damn!
Edited on Thu Jan-05-06 09:25 PM by LuCifer
Hey, maybe Pat Robertson will give him a gig?! :sarcasm:
I tell ya, you're so right, it's all BULLSHIT, total double standard in action. I say we need to prison break out all non-violent drug convicts, all non-violent John's who tried to get a hooker, all non-violent gamblers, shit that DID NOT HURT ANY OTHER HUMAN. This is 2006, and this is BULLSHIT!

Lu

PS Edite cuz I kan't spel! One of these days I'll NOT be STUBORN and actually USE the SPELLCHECK!
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:08 PM
Response to Original message
14. My question to the judge are you going to let him babyset your children
or grandchildren.
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Mad_Dem_X Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 01:59 PM
Response to Original message
19. Disgusting! I can't but wonder
if the sentence would have been so lenient had the victim been a boy.

(Hope I don't flamed for saying that, just something I was thinking.)
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girl gone mad Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:35 PM
Response to Reply #19
41. I think you might be on the right track...
Edited on Thu Jan-05-06 04:42 PM by girl gone mad
considering that the judge wasn't nearly so lenient when the shoe was on the other foot.

Just last year, he gave a mother 35 years to life for molesting her sons.

http://www.ncrj.org/Oscarson.html
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Beelzebud Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:01 PM
Response to Original message
20. Child Rapers/murderers deserve life in prison.
Anything less is an insult.
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Sequoia Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:34 PM
Response to Reply #20
40. and castration.
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Marnieworld Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:04 PM
Response to Original message
24. Well I no longer believe that you should be a judge then
Since when is the law all about the personal belief of the judge. YOu don't believe in punishment but you are judge responsible for criminal sentences? Resign then and try to change the law. I can't believe I'm using the phrase but what an activist judge!
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 02:24 PM
Response to Original message
26. anger doesn't fix anything- but
letting a man who clearly cannot control himself, and has proven that by destroying the life of a seven year old child, roam freely after 60 days of incarceration is not only foolish- it is criminal.
This judge not only owes it to the children who will be at risk of this man, when he is 'out'- But he bears responsibility for putting a sick and dangerous man into a situation where he will be very likely do even more harm to more children. Rehabilitation for child sexual offenders does NOT offer much hope for any real 'cure'- And his claiming 'anger doesn't solve anything' while offering no viable alternative to keep this man from re-offending is outrageous.
What jumped out at me was that evil word- MONEY-

Punishing him won't bring back the innocence, lessen the damage done, or erase anything that happened- It won't make anything go away- But assuring this child that this man will never be able to come near her again would be a small comfort to her- And being sure that this man never has opportunity to re-offend would save others from a similar life of torment, and forever scars.

Revenge isn't the issue- prevention is- and the only way to prevent this man from his sick lust is to keep him away from potential victims.

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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 05:56 PM
Response to Reply #26
65. It's punishing the poor child
The message this paltry sentence sends to her is that's all she's worth.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:38 AM
Response to Reply #65
71. i hear
what youre saying, and can understand how you get there, but her sense of self worth is probably pretty devistated- and it can get pretty mixed up, being a child, who is dragged into adult ...places ... before she is anywhere NEAR emotionally or mentally prepared...
I think more important than showing how 'bad' he was- (and that drags her into badness..) is for her to be reassured that she is still a child, that she didn't do anything wrong- and that the man will never be able to hurt or use her again- He needs to be restrained- and kept away from children. All children, but expecially her. Punishment for the man, isn't as important to an 11yr old, as reinforcing and explaining to her that SHE did nothing wrong- even if she never screamed, told, or fought him off- that what he did was something an adult should NEVER do to a child- and it was HIS responsibility to not do what he did.

i've been there- and i wish like hell i'd been told that- and that people could understand what goes through a childs mind- especially if self-worth is piss poor to begin with.

The one good thing about today, is that this is no longer something only whispered about and hushed up- hidden and denied....

She will never be the same- no matter what the 'punishment' he gets.

It might someday resassure her to know he was never allowed to hurt anyone else.
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High Plains Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:35 PM
Response to Reply #26
78. The judge wants the guy to get treatment, which he cannot get
in prison. If he doesn't get treatment, he gets life in prison. Read the article.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:49 PM
Response to Reply #78
82. and who is going to
protect society while he 'gets treatment'? Who will protect this man from his OWN sickness???-
Does this judge mean treatment within a 'secure' facility? Because anything less is like telling an alcoholic to keep attending their AA meetings, and hold onto their job at a liquor store.

Except that while alcoholics hurt thier families, and sometimes innocent bystanders- Pedophiles ALWAYS hurt innocents, when they re-offend. Which the do more often than not, sad to say- despite all kinds of treatment-
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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 03:12 PM
Response to Original message
30. This judge is crazy and needs to be disbarred
Child rape is a terrible crime and this is no punishment...
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Norwood Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 03:22 PM
Response to Original message
31. Sickening
Anything less than 8 years (which I dont consider enough for this type of crime) is an insult. He deserves to spend a long time in jail and receive therapy while he is there. This poor girl has been scarred for life and its gonna be even scarier for her once he is released in what....2 months! What the fuck honestly?

Meanwhile, we have drug offenders who are doing hard time in prison for a victimless crime. If these poor folks aren't offenders when they go in, they sure as hell will be when they come out. I dunno about anyone else but I believe that rape is just a tad bit more serious then being caught with a bag of weed in your glove compartment. I dont get it, I just dont.

I try to be an understanding person but when someone harms a child in a way like this, I just cant muster up any sympathy what so ever. If it were my choice, lock him up and toss away the key.
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Broke In Jersey Donating Member (247 posts) Send PM | Profile | Ignore Thu Jan-05-06 03:24 PM
Response to Original message
32. The repubs will use this to make their point
that too many judges are legislating from the bench.

The father of the little girl should simply castrate the SOB to prevent the monster from doing this to any other child.
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RebelOne Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 01:56 PM
Response to Reply #32
63. Sean Hannity was already ranting about liberal judges yesterday.
This story really gave him fuel.
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Elidor Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 03:50 PM
Response to Original message
33. This has to be WAY outside the scope of sentencing guidelines
There are procedures to remove judges who start grooving on their own ideas of social justice.
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monobrau Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 03:56 PM
Response to Original message
34. punishment != anger
We really need to address the stereotype of liberals who won't stand up for innocent victims of crime.
Punishment for violence and intimidation of another human being is just and should be a priority for anyone who considers themselves a liberal.
It is the unjust application of the law that we should fight with equal fervor.
Punishment in the form of being separated from society is earned by the perpetrators of violent crime, and should be carried out humanely and with no regrets on the part of those of us who strive for a peaceful, equitable world.
And there's nothing wrong with anger btw; I fully support expressing it in the civil courts.
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William Bloode Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:23 PM
Response to Original message
36. They ought to let me have the dirty...
Sumabitch for about 5 minutes. He'd never rape, or likely breath right again. :grr:

Same goes for the judge. Next person this fucker rapes the judge should be anally reamed with a very large baseball bat wrapped in barbed wire.:nuke:

I'm all for compassion and all. But if this guys been raping this girl for years he deserves to be put away for one long ass time. Hopefully in jail he'll get a couple of nice boyfriend to show him what it's like to get raped.
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High Plains Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:36 PM
Response to Reply #36
79. Wishing for people to be raped makes you a sick fuck n/t
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:01 PM
Response to Reply #79
87. not my favorite words, but raping to end rape is stupid- I agree HP nt.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:25 PM
Response to Original message
37. Liberal Child Rapist Appeassers from Vermont
You heard it here first.

Next on CNN, MSNBC, FOX and everywhere else
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hang a left Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:27 PM
Response to Original message
38. You penalize for the crime. You rehabilitate during probation.
Can you appeal this shit?
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ultraist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 09:48 PM
Response to Reply #38
58. No, you cannot appeal it. Double jeapordy. n/t
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Sequoia Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:27 PM
Response to Original message
39. String him up, castrate him, torture him.
Edited on Thu Jan-05-06 04:36 PM by Sequoia
Bastard. I'll bet that judge molests children too.
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Yollam Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:56 PM
Response to Original message
42. Democrat or Repuke - WHAT AN IDIOT JUDGE.
And 8 years sounds too short, too.

Give him the choice of 15 years or voluntary castration and 10 years probation, IMO.
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gatorboy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 04:56 PM
Response to Original message
43. Something's fishy with that nutty judge...
Edited on Thu Jan-05-06 04:57 PM by gatorboy
He says he doesn't believe in punishment anymore, but it wasn't that long ago (From a story written on December 24, of this year, to be exact) that he felt the need to punish a criminal beyond the max:

http://www.rutlandherald.com/apps/pbcs.dll/article?AID=/20051224/NEWS/512240354/1004

Judge Edward Cashman sentenced Provost to life without parole, instead of the statutory maximum of life with a minimum term of 35 years, for each person he killed.

The ruling complied with state law, but violated a 2000 U.S. Supreme Court decision that said any penalty beyond the statutory maximum must be submitted to a jury, and the citizen panel must conclude the aggravating factors are true beyond a reasonable doubt.

"Increasing that sentence to life without parole on the basis of any facts, other than a prior conviction, that the jury has not found beyond a reasonable doubt violates the Sixth Amendment," which guarantees citizens the right to a jury trial, the Vermont Supreme Court wrote in a 10-page ruling.
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SillyGoose Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 05:05 PM
Response to Original message
44. I wonder if this ruling can be appealed?
This is completely outrageous. The judge should be removed from the bench immediately for this sentence.
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booksenkatz Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 05:19 PM
Response to Original message
45. Why is he considered at low risk for re-offense?
Because he has proven that he will reoffend. He did so, for 4 years, over and over and over and over and over and over and over and over again. I'm sure that the girl will continue replaying the reoffenses in her head until the day she dies. Thus he is reoffending her soul every damned second of every day. I hope she gets some good therapy, it really does help. It's no cure, but it helps.

But I'm sure it's just me being an old fuddy duddy. I believe these fucks should be locked away in a dark dungeon until they rot. (I no longer believe in the death penalty, it's too kind.)

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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 05:35 PM
Response to Original message
46. The SAME judge sentenced a woman 35 YEARS to LIFE for sexual abuse...
Elsie Oscarson case summary, by Mark Pendergrast

On Dec. 3, 2004, I went to Courtroom 2A of the Chittenden County District Court in Burlington, Vermont, to attend a re-sentencing hearing for Elsie Oscarson, who had been convicted (falsely, I believe) of sexually abusing her two sons, Joey and Jesse, and had been sentenced to two concurrent sentences of 35 years to life. One of the convictions was then thrown out by the Vermont Supreme Court because one of the sons (Jesse) was not available to testify at the trial. This re-sentencing hearing was pretty much a foregone conclusion, since Judge Edward Cashman, who had presided and sentenced her in the original trial, was presiding. All he did was reaffirm the original sentence.

http://www.ncrj.org/Oscarson.html


-------

So he isn't against harsh sentences....

He must have just thought that the multiple rape of a 7 year old girl by a man is no big deal. :grr:



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Dorian Gray Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 05:37 PM
Response to Original message
47. Is he F-ing kidding me?
I hope that he gets thrown off the bench. This is a travesty!

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u4ic Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 05:44 PM
Response to Original message
48. Words fail me
:grr: :nuke: :grr: :nuke: :grr: :nuke: :grr:

maybe the judge needs to spend a bit of time 'in prison' himself to realize the severity of rape.

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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 06:17 PM
Response to Original message
49. Vermont Judges - stay in at the whim of the general assembly

Voters approved a constitutional amendment creating a merit selection system for Vermont judges. The judicial nominating board submits the names of qualified candidates for appointment to the governor, whose selection must be confirmed by the senate. Judges serve six-year terms, after which they must be retained by a majority vote of the general assembly.

REMOVAL OF JUDGES
Vermont judges may be removed in one of two ways:

Judges may be impeached by a two-thirds vote of the house of representatives and convicted by a two-thirds vote of the senate.

The judicial conduct board investigates complaints of judicial misconduct or disability and recommends any necessary action to the supreme court. Possible disciplinary actions include public reprimand of the judge, suspension for a part or the remainder of the judge's term of office, or retirement of the judge if physically or mentally disabled.


http://www.ajs.org/js/VT_methods.htm
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 11:49 AM
Response to Reply #49
73. this judge needs to be severely investigated...
... his 'decisions' are not only inconsistant, but bizarre to put it mildly-
If nothing else, he should recuse himself from any cases involving sexual assault, esp. sexual assault of children.

There must be some advocacy groups in VT. who'd want to see some actions taken against this mans poor 'judge'ment'.

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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 06:42 PM
Response to Original message
51. Contact numbers for people who wish to express their opinion:
Chittenden Superior Court
PO Box 187
175 Main St Burlington VT 05402
(802) 863-3467



Submit a letter to the editor
Respond to stories in the Free Press in a letter to the editor.
Mail letters to:
Burlington Free Press,
P.O. Box 10, Burlington, VT 05402,
e-mail: letters@bfp.burlingtonfreepress.com


http://www.burlingtonfreepress.com/apps/pbcs.dll/section?Category=OPINION
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MrSlayer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 06:51 PM
Response to Original message
52. Well hopefully someone in the joint will shank this fuck.
Sorry, I have no time, sympathy or mercy for pedophiles. They deserve the death penalty.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 12:33 PM
Response to Reply #52
75. No-
violating someone in this way is unacceptable under ALL circumstances-
I (a CSA and rape survivor) cannot condone rape in any way shape or form-

I'm ashamed that we look the other way at prison rape- because NO ONE should EVER have to experience this- i don't give a shit how terrible the person is, or how filled with rage against someone we may be- condoning this in ANY situation, is just plain WRONG.

Like killing people to show people that killing people is wrong.
only worse. because death removes us from this world.
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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 07:14 PM
Response to Original message
53. The Judges Bio:
DISTRICT JUDGE
Edward J. Cashmanof Essex, Chittenden County. Appointed District Judge by
Richard Snelling in January of 1982. He has served as a trial judge in ten of
Vermont’s fourteen counties over the years. He is a graduate of Boston College
(1965) and the Washington College of Law (1968). He served with the U.S. Army
including a tour of duty in Vietnam (1969-1971). He married Gail Sylvester former-
ly of Saint Albans in 1966. She worked as an emergency room nurse at Fanny Allen
Hospital for 25 years They have three children: Jeffrey, a pilot with Vermont
National Guard, Michael, a law student and faculty member at the University of
South Carolina, and Brooke, a graduate student at The American University in
Washington, D.C. Judge Cashman has served as an Assistant Attorney General for
the State of Vermont (1971-72); Chittenden County Clerk (1973-75), Commissioner
of Public Service (1975-1978), Grand Isle County State’s Attorney (1978-1982). He
has also held local government positions with the Village and Town of Essex as
Planning Commission member and Town Agent. He maintained a private practice of
law for ten years. Judge Cashman taught courses at the University of Vermont and
Johnson State College in Environmental Law and the Law of Zoning and Planning.
He presently teaches a course at Johnson State College in Constitutional Law. He
has taught at the National Judicial College on the topic of Restorative Justice and
Community Based Court Systems. He has held positions with the Vermont Dismas
House Board of Directors, the Saint Lawrence Parish Council and the Knights of
Columbus. He is a past president of the Vermont Trial Judges Association and the
Chittenden County Bar Association. He is a member of the Franklin County,
Chittenden County and Vermont Bar Associations. He serves on the Civil Rules
Advisory Committee. His mailing address is 29 Lamoille Street, Essex Junction
05452. E-mail is Ejc29@aol.com or cashman@chitdis.crt.state.vt.us.
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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 07:23 PM
Response to Reply #53
54. He was appointed by a Republican
Was probably a Republican himself - at least at the time - '82
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Hidden Stillness Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 01:41 PM
Response to Original message
61. So Much "Concern" for the Rapist...
Despite all the claims from the male/corporate media that there has been "great progress" on all these issues they never pay any attention to, despite the actual change that women have made, and despite all the studies proving what these things really are, it seems the attitudes of males have not changed noticeably for generations. Anybody paying any attention to the male corporate "entertainment" pseudo-"culture" knows that it has gotten much worse, more violent, more sneering and hateful toward us. Their persistant attitudes of coldness and lying toward the victims, and a fake, approving "poor guy" toward the violent male, makes their attitude willful, and it can't be pretended to be a "lack of education" after all these years of education.

You might recall some years ago an ABC "documentary" special about rape among college students, (hosted by the since-canonized Peter Jennings), roundly denounced because the whole program was made up of these bizarre, exploitative shots of strippers in bars, writhing on poles, etc. etc. You might recall the episode in New York's Central Park, where a huge group of males were harrassing, violating, ripping the clothes off women and pouring water on them, laughing and jeering at them in a complete, organized line. The women could not get male New York City Police--standing right there--to do anything about it! What did dick TV do? They played close-ups of the women, their faces showing, clothes disheveled, over, and over, and over; while they concealed the identities of their male attackers--and the male media got their nuts off, again. Recall the male judge in Wisconsin who reduced the sentence of a rapist, because the victim was "sexually precocious"? She was FIVE YEARS OLD, and could not possibly have been what the male "judge" called her. Recall the male judge who reduced the sentence of a rapist to almost nothing, because the criminal had "helped her up" after the attack, showing how "nice" a person the rapist was. Recall the case in West Virginia, I believe, where a husband tied a woman, the wife, up, bound her, beat her, raped her repeatedly, and shoved a bottle up her vagina at one point--"Not Guilty." As a male on the jury asked, "How can a man rape his own wife?" Recall the very recent case where they fucked the system by pretending the DNA evidence was wrong and a male rapist-murderer was "innocent," they got theirs freed, and now another woman was kidnapped, tortured, and murdered, found with her vehicle on this male's junkyard. What a huge victory that was; got another one.

When they do not reveal their true opinion, that they hate women, love it when women really get violently attacked, and do not want punishment for it because they don't want it stopped, they often play this other game, of hiding their real faces by this "noble, enlightened attitude" routine. They don't want any punishment--which then oddly enough, becomes the attack, "Why are you vengeful bitches never satisfied? You are as violent as the 'so-called' criminal," blah blah. They call it a "sickness" or "illness," ("poor guy," etc.), despite a total lack of evidence for any such claim, thus decriminalizing it, and denying the overwhelming evidence that it is a willful hate crime, designed to oppress and terrorize women, as a group.

I learned long ago that the "saintly" anti-punishment attitude is just as often a mask for hatred of the victim, and is as much a cold lack of sympathy or justice, as any other attitude--and you never know where it will come from next. As omega minimo might put it, "Even on DU."
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Lars39 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 06:00 PM
Response to Reply #61
66. Totally agree. Excellent post.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 12:25 PM
Response to Reply #61
74. it could also be...
... that the fear of the possible (leaving room for a few exceptions) truth that sexual offenders- particularly pedophiles cannot be 'rehabilitated'- and that is very scary for people to accept- so rather than admit that, (and with that admission have to question their OWN vunerability- or fear they might possibly 'be' a potential offender) they blame the victim-

Just a personal perspective i've been wondering about, as to why people villify or conversely attempt to minimize or excuse actions that society finds difficult to cope with or rectify.

Punishment, in my own personal view, is not the same as revenge- It is more of a concequence established to either discourage actions or behaviours that we as a society cannot condone or allow to happen, as a way to teach people whose actions are destructive or unacceptable other ways of living, and in extreem cases, to isolate those who cannot control themselves for the good of society at large.
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Hello_Kitty Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:02 PM
Response to Reply #74
76. I think you see this with women a lot
A tendency to scrutinize the behavior of the rape victim (even a child) for clues about what she did wrong. Not all women, certainly, but an unfortunately high percentage. One prosecutor told me that she didn't like to have a lot of women on the jury for a rape case because they'd often be harshly judgemental of the victim, particularly if she'd had alcohol, was out late, or was dating the rapist. My own grandmother claimed that women who wore short skirts were asking to be raped. How does one ask to be raped? Puzzling statement but one you hear all the time.

I think these women don't want to acknowledge their own vulnerability so they craft an illusion of safety based on myths. Sadly, this requires them to punish other women in the process, while leaving themselves all the more vulnerable.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:41 PM
Response to Reply #76
81. you are
so right. I often have to catch myself at times even still- and i'm a 'survivor'- letting go of the fear, not being intimidated into living life less 'fully' or acknowledging a persons 'inalienable' right to live without having to protect ourselves from things that we SHOULDN'T have to consider is something i desire for this entire world- and it begins with each one of us.

Thanks for the reminder.
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TahitiNut Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:58 PM
Response to Reply #76
86. That's not as much about women as it is about PEOPLE
Edited on Sat Jan-07-06 01:59 PM by TahitiNut
Look ... we really haven't changed much in the last 10,000 years. If anything, we're even GREATER "control freaks" than we once were. What does that mean? It means we take refuge in the illusion of control in a scary universe - when we see it as 'scary.' That means we attempt to shore up the myth of control by examiningg what the person did "wrong." Did they throw the salt over their left shoulder after spilling it? No? Well, no wonder they were attacked! Did they go to confession this week? No? Well, no wonder God hates them!

A woman on the jury fears being raped. She's a control freak. So she NEEDS to see something the victim did "wrong" that explains why she, the juror, is "superior" and hasn't been raped ... and won't be raped.

We see this with the way whistle-blowers are treated by their co-workers. The co-workers blame the whistle-blowers for not being "smart" like them. "Well, I didn't like him anyway - always complaining."

We blame the victims because we're afraid. Fear is the mind-killer, folks. Couple it with ignorance - which causes a run to superstition - and we get self-righteous anger.

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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:04 PM
Response to Reply #86
88. well said, and very true- fear is a terrible master- thanks TN - n/t
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gulfcoastliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 01:52 PM
Response to Original message
62. But non violent drug "offenders" get mandatory 10, 20 years terms!
If that's not an unconstitutional infrigement by the legislative branch on the judiciary, I don't know what is!

Legalize now!

In our fucked up society, rapists and murderers get less time than someone caught with drugs.
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Nikia Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 06:31 PM
Response to Original message
68. That is horrible
What message does this send to non practicing pedophiles? What message does this send to child victims and their parents?
People wonder why these sickos think that they can get away with what they do.
People wonder why children don't come forward.
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Nikki Stone 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 09:22 PM
Response to Original message
69. This is such a miscarriage of justice I don't even know where to begin
nt
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 09:50 PM
Response to Original message
70. The judge should be investigated for possible pedophilia
He is probably raping little girls himself. Besides, child rapists CANNOT be rehabilitated. They are monsters who need to be locked up for life. That is my honest opinion. Some people just do not deserve a second chance.
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lies and propaganda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 03:15 AM
Response to Original message
72. i saw this on The Abrams Report today
the judge no longer belives in punishment? Great time to do so when a little girls life has been wholly altered by this shit.
Saddens me that it happened in Vermont.
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meow2u3 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 01:52 PM
Response to Original message
83. 60 days?!! The bastard ought to get 60 LASHES!!
As well as 60 years in a cell with Bubba
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rman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:16 PM
Response to Original message
89. Is jail sentence not primarily about protecting society from criminals?
As opposed to it primarily being punishment?


If this rapist can be rehabilitated -while- keeping society safe from him -until- he is rehabilitated, it might not be so bad. But that seems not to be the case here.
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RebelOne Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:18 PM
Response to Original message
90. Well, though I hate to admit it,
I do agree with Sean Insanity on this one when he said that this judge should be impeached.
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