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Feminism: Sex and gender discussions

Bloody weird US justice?

22 replies

duchesse · 15/08/2012 23:44

I hope this hasn't been done already in another thread, and I don't really want to link the story because there's so much lurid coverage and it's seriously disturbing story, but it basically involves a very young baby being raped by her mother and a paedophile she met online. She was stupid, desperate and gullible enough to do whatever he wanted and allow him to do whatever he wanted to the child. He is a habitual paedophile and a purveyor of paedophilic images.

When it came to sentencing, he pleaded guilty and got 37.5 years in jail. He's 47 so it should see him out hopefully and probably faster than that if the other inmates have anything to do with it.

She got 2 life sentences, 60 years. She was 21 at sentencing.

I'm wondering whether the decision was made to keep both in jail for the rest of the their natural life (hence the different jail terms) or whether her behaviour in failing to protect her infant is deemed so reprehensible by the US justice system that it warranted a whole other life sentence, giving her a sentence twice as long as the bloke's. Any thoughts?

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TheDoctrineOfEnnis · 15/08/2012 23:47

How awful. Did she also plead guilty as that might account for the difference?

duchesse · 15/08/2012 23:48

From what I can find out, she did plead guilty.

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duchesse · 15/08/2012 23:49

They were also tried in different states, which might account for the difference, but that really is quite some difference.

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TheDoctrineOfEnnis · 15/08/2012 23:53

U

FallenCaryatid · 15/08/2012 23:54

Different states often have very different approaches, and sentencing reflects that.
Which states were involved?

TheDoctrineOfEnnis · 15/08/2012 23:55

I W

duchesse · 15/08/2012 23:56

Missouri for her, California for him.

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duchesse · 15/08/2012 23:56

Are you all right Ennis? We're getting single letters coming through but no actual words!

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FallenCaryatid · 15/08/2012 23:58

Then I'd say it is a state difference. Missouri still have the death penalty.

TheDoctrineOfEnnis · 15/08/2012 23:59

Sorry phone going bonkers. It looks like he was found guilty of one charge, a federal one (crosses state lines) whereas she was found guilty of 3. Possibly he took a plea deal so the federal charge was the one that stuck. Her sentences were shorter but are to be served consecutively - I believe the judge could have made them concurrent.

They may not have been jointly charged on any one specific count.

duchesse · 16/08/2012 00:04

Is it quite usual then for sentencing for similar offences to be so very different from state to state (apart from the death penalty which is obviously different)? I suppose the presence of the death penalty might well drive tariffs up.

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TheDoctrineOfEnnis · 16/08/2012 00:08

Not all charges are available on a federal (national) basis, I believe.

Bear in mind my knowledge is entirely from US legal dramas and novels so hardly reliable!

FallenCaryatid · 16/08/2012 00:08

I think that the individual states have a lot more autonomy over their laws and sentencing than we are used to, and that Missouri is more conservative in many ways and attitudes than California. I could be completely wrong.
At least the victim has been adopted and is now safe. although the psychological damage may never be fully healed.

Uppercut · 16/08/2012 00:53

Maybe it was simply to ensure both of these degenerates rot inside.

FallenCaryatid · 16/08/2012 01:11

There was also the separate charge of incest, and that there is a level of general revulsion at a mother's failure to protect her child.

VegansTasteBetter · 16/08/2012 01:55

I don't see her as stupid and gullible I see her as a disgusting excuse for a human being. Both were effectively given life by their state which is fare imo. And yes state sentancing does vary wildly I believe until 2008, six states considered child rape so horrible you could get the death penalty, so they both got off lightly really.

OOmama · 16/08/2012 02:20

In the US when someone goes to trial, there are certain things that are tried using Constitutional law ( the rights we are given in the constitution) then state laws( hence differences in death penalty from state to state.) Also the judge cannot issue his own sentence, he must use what has been decided in previously tried cases. So if that is the sentence a previous offender was issued then it must be passed down or run the risk of appealing the case and having it thrown out of court n the disposable human goes free. Personally I hope the both rot!!!

lisaro · 16/08/2012 03:02

How do we know for definite she was any of those things? It's not inconceivable that she was wicked.

sashh · 16/08/2012 04:57

www.examiner.com/article/mother-gets-2-life-sentences-for-joining-man-raping-her-5-month-old-daughter

Not too lurid link above.

He pled guilty to crossing state lines to engage in aggravated sexual abuse of a child.

She pled guilty to first degree statutory rape and sodomy, as well as incest and child pornography.

She was stupid, desperate and gullible enough to do whatever he wanted and allow him to do whatever he wanted to the child

Not sure about that, she was also in contact with another man discussing him visiting to abuse the baby as well.

duchesse · 16/08/2012 11:43

Maybe she is as evil as him- I don't know. Her lawyers were pleading come kind of personality/psychiatric disorder as a last resort defence I think. I presume they had some kind of expert assessment to back this up, but then he who pays the piper...

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mayorquimby · 16/08/2012 13:37

Different states, different charges and her position as the child's guardian are all the likely reasons.
Slightly worried by the excuses being made for her by the op as painting her as being stupid/manipulated etc. and him as the mastermind. Unless there's some info missing.

duchesse · 16/08/2012 19:16

Just distilling the press reports. Even the more lurid and sensationalist ones mentioned that she was generally very overly eager to please and afraid of rejection.

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