6.09.2016

Blurred Lines Indeed


The former Stanford student, 20, was "convicted on three counts of sexual assault last week and Santa Clara County Judge Aaron Persky sentenced him to just six months in county jail and probation, saying that a longer sentence in prison would 'severely impact' the college swimmer’s life.

  • Ok, this post has nothing to do with the sentence. This has to do with how you, the public, are being pandered to by a Congressman. 
  • First, the Congressman is Ted Poe from Texas and a former prosecutor and district judge. He isn't dumb.
  • Or is he? The case he is arguing about is a California state prosecution.  It was not a federal case. Congress has nothing to do with state prosecutions. It's high school Civics 101.
  • And even if it were a federal case, he's out of order to even have an official opinion on a criminal judgment and sentence. He only makes laws. He has nothing to do with how they are enforced or interpreted or applied.  He would lose on "Are You Smarter Than A Fifth Grader?" if the question concerned Separation of Powers.
  • The defendant idiotically appealed (unless he is seeking an acquittal instead of a retrial) the case. But Poe shows a complete misunderstanding for the basic framework of criminal law: "Poe also said he is 'glad this arrogant defendant has appealed his case,' adding that this appeal will give the court an opportunity to give the former Stanford swimmer a harsher sentence." That's just flat wrong. An appellate court can reverse a case but Poe seems to think they can just change a sentence and make it higher on appeal. Wrong. Wrong. Wrong. 
  • He is grandstanding about an issue he has nothing to do with. And he knows it.