Ellen Christ Burke, Stafford University, Aaron Persky discussed on

KQED Radio
| KQED Radio


Talking with ellen christ burke who is professor of law santa clara university school of law where she directs the center for social justice and michelle linda stauber who is professor law stafford university and chairs the committee to recall judge aaron persky again you are welcome to become part of this program mario rights as i will be voting june fifth can i ask what was the maximum sentence he could have made against the first time offender with no previous history well he got six months he served three months but he could've could've what six years michelle fourteen years maximum exposure in that case the district attorney asked for the middle range which is would have been total six and he chose to sentence him to six months and give him probation in order to do that and i just wanted to say that mister turner actually had a guideline minimum sentence of two years connected to his conviction for assault with intent to commit rape and judge persky had to make an exception for him in order to give him anything less than that two year sentence by finding that it was an unusual case in the interests of justice would best be served by probation and that is where not only we but also even some of judge persky supporters such as dean erwin shimransky of the cow law school wrote himself in the orange county register in two thousand sixteen right after the sentence that that was an abusive discretion inadequate by many standards one can say l a christ berg but nevertheless according to penal code acceptable it's not only acceptable there's a couple of things was acceptable no longer will be so if we can talk about a pattern that judge persky exhibited an and other judges should be exhibiting it's to look at the entire case sentencing is not about selecting the victim side or the defendant side it's about looking at all the factors that are involved and identifying under the court rules what aspects of it should be impacted in forming the sentence in looking at young men white people of color he did it with respect to keenan smith he's done it with other defendants between about eighteen and twenty six who have no prior criminal convictions judge persky and other judges often temper the.

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