This judge needs to step-down...

[masterrig 1]

This guy is un-believable!

http://home.myhughesnet.com/news/read/category/Top%20News/article/ap-mont_judge_apologizes_for_comments_in_te-ap


Chuck

[masterrig 1]

Then, here's this...

http://home.myhughesnet.com/tv/3/player/vendor/CNN/player/cnn/asset/cnn-teacher_gets_30day_sentence_for_rape-cnn


Chuck

[devildog 0]

Saw this the other day. He's apologizing for the comments and not the absurdly stupid sentence he gave? He should be disbarred and removed from the bench immediately for both the comments and the sentencing.

It sure would be a shame if Anon got a hold of this.

You stop breathing for a few minutes and everyone jumps to conclusions.

[shropshire 0]

beggars belief

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[Darius11 12]

I read this before i don;t get it what it means

Quote

Baugh said he stood by his decision Monday to sentence the former teacher, Stacey Rambold, to 15 years in prison, with all of but 31 days of that term suspended. He gave Rambold credit for one day already served.

So he got sentenced to 15 years but it was reduced to 31 days?

Am i getting this right?

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Andy9o8 0]

This is just a FWIW. I'm not a Montana lawyer, but based on a quick Google search, it appears that Montana is NOT one of the states that has mandatory sentencing guidelines, for crimes that fall under Montana state law, that a state-court judge is generally required to follow. (Anyone, please correct me if I'm wrong about that.) Assuming that's correct, that means that the prosecution cannot appeal the sentence to a higher court.

==================

ETA: I now see from re-reading the OP article that prosecutors are contemplating an appeal. So maybe it is permissible under Mont. law; if so, I'll stand corrected. (If an appeal is permissible, then, in the absence of "maximum/minimum" sentencing guidelines, my educated guess would be that prosecutors would argue that the sentence is so out of proportion with the crime that it legally should be deemed "an abuse of the trial court's discretion".)

[masterrig 1]

That is correct. Just doesn't seem right, does it?


Chuck

[shropshire 0]

Then I hope that someones daddy has got a large whooping paddle and goes and has a 'chat' with the guy (not the judge .. but that could happen too).

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[masterrig 1]

It never crossed my mind that Montana would not have minimum/maximum sentences. It appears the length of the sentence is left up to the judge. Just seems strange.


Chuck

[masterrig 1]

In that part of the country, it'd be something a bit stronger than a 'large whooping paddle'. If, ya' get my drift!


Chuck

[shropshire 0]

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[masterrig 1]

The part that got me was, the judge gave him 15-yrs. and suspended 14-yrs. 11-months plus one day served! The judge's comment about the girl being older than her years was un-believable. The whole thing is beyond 'common sense'.


Chuck

[masterrig 1]

This is what I found...

http://publicdefender.mt.gov/training/sentencingoutline.pdf

It appears, the judge was within guidelines. Just doesn't seem right but that is Montana law.


Chuck

[Andy9o8 0]

masterrig

This is what I found...

http://publicdefender.mt.gov/training/sentencingoutline.pdf

It appears, the judge was within guidelines. Just doesn't seem right but that is Montana law. Chuck

Thanks, that's helpful. Not exactly a "minimum-to-maximum" range as in other jurisdictions that do have formal sentencing guidelines, but it does provide a bit of basic structure.

[Andy9o8 0]

Darius11

I read this before i don;t get it what it means

Quote

Baugh said he stood by his decision Monday to sentence the former teacher, Stacey Rambold, to 15 years in prison, with all of but 31 days of that term suspended. He gave Rambold credit for one day already served.

So he got sentenced to 15 years but it was reduced to 31 days?

Am i getting this right?

Close, but not quite. What it means is that after 31 days in jail (or maybe 30 days w/credit for 1 day already served) he will be paroled, and will spend the remainder of his 15 year sentence on supervised parole.

I'm PRESUMING that that means (as it does in most other states) that, just like any other parolee, if he violates his parole, he can be re-incarcerated on the sentence. In fairness to your point, though, it also means that after 31 days, as long as he toes the line and keeps his nose clean, he basically walks.

[masterrig 1]

Andy9o8

***This is what I found...

http://publicdefender.mt.gov/training/sentencingoutline.pdf

It appears, the judge was within guidelines. Just doesn't seem right but that is Montana law. Chuck

Thanks, that's helpful. Not exactly a "minimum-to-maximum" range as in other jurisdictions that do have formal sentencing guidelines, but it does provide a bit of basic structure.

It appears to me that the judge in this case takes a crime like rape, lightly.


Chuck

[Darius11 12]

No it doesn't on first glance, there is a but and i am not sure of the facts around this case.

Here is the issue I have when they classify so many different things as rape.
If it was a violent or drug induced rape I would say kill the fucker, if it was consensual sex with a 14 year old then things do change significantly. I don’t know why someone would want to have sex with a 14 year old but I do see a big difference in that then someone punching her in the face and raping her. There is a difference in my opinion and i am not sure what is the case here? I did read it was a months long relationship that's not rape in my book if true!?

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[masterrig 1]

In this case, the guy knew she was a minor and had to know that sexual contact with her was wrong, whether or not she gave consent.


Chuck

[devildog 0]

Doesn't seem right is the understatement of the year. Not only was the girl raped (and the guy didn't contest it at all) but she killed herself over the entire ordeal.

So, rape a girl, cause her death, get 30 days of jail.

You stop breathing for a few minutes and everyone jumps to conclusions.

[Darius11 12]

Not saying the guy is a saint, just saying there is a HUGE difference in a romantic relationship with a young girl underage girl and Rape.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[Darius11 12]

Quote

cause her death

He caused her death?

Did he shoot her, hang her, poison her? I must be reading another story.
You know what I am done, This guy sucks and is a creep, true and I don’t want to defend him, but you guys really need a bit of logic, and a lot less emotion.

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[devildog 0]

He destroyed her life, caused her mental breakdown which directly resulted in her suicide. Yes, this pedophile killed a girl in more ways than one.

You stop breathing for a few minutes and everyone jumps to conclusions.

[masterrig 1]

Talk about getting off light!


Chuck

[Bertt 0]

In this case the guy was a teacher, which puts him in a supervisory relationship with students that legally and morally requires better judgement and more protective attitude and actions than just some old guy and some young girl.
Sometimes I think judges are out of touch with reality. Sometimes I have no doubt.

You don't have to outrun the bear.

[masterrig 1]

Bertt

In this case the guy was a teacher, which puts him in a supervisory relationship with students that legally and morally requires better judgement and more protective attitude and actions than just some old guy and some young girl.
Sometimes I think judges are out of touch with reality. Sometimes I have no doubt.

There ya' go!!


Chuck