上位 200 件のコメント表示する 500

[–]LetsGetMotarded 4382ポイント4383ポイント  (608子コメント)

Good on the re-sentencing. I don't think he should be going before the same Judge, who has already shown he thinks his position is one of a moral authority rather than a legal one.

[–]OldWarrior 2140ポイント2141ポイント  (257子コメント)

For the judge to agree to re-sentence him, you know he's catching a lot of heat from the press and others. He probably wised up around the same time Dateline was trying to set up an interview.

[–]beartheminus 1660ポイント1661ポイント  (176子コメント)

The fact the judge thought that his actions would fly in the first place is disgusting though. Let's hope this sets precedence for other judges, just like they love "setting examples" with the people that are in their courts.

[–]Raff_Out_Loud 1240ポイント1241ポイント  (147子コメント)

Using somebody to set an example is one of the most unjust things I can think of in the court system. The sheer concept of it is infuriating.

It basically flies in the face of the 8th Amendment. Giving somebody a much higher sentence than is necessary (or more than other offenders get) due to your own misguided moral crusade definitely falls in the realm of "cruel and unusual punishment."

[–]OldWarrior 319ポイント320ポイント  (89子コメント)

You are right that it's an injustice to "make an example" of someone as part of sentencing. Each person should be judged solely on his set of facts and circumstances -- and not based on fuzzy, external factors like "setting an example" and which are irrelevant to the case. The legislature can set an example by writing a law to address something; the courts have no business doing the same.

[–]_My_Angry_Account_ 379ポイント380ポイント  (63子コメント)

Any LEO, prosecutor, or judge that says they want to "make an example" of someone is stating that they will not perform their duties impartially and should be immediately removed from every position of legal authority they hold.

[–]SirPhlapsit 161ポイント162ポイント  (33子コメント)

Back in 10th grade I was made an axample of for shooting a horse. I was at a get together in the woods with some friends and one ass hat I guess decides to go shoot a horse with the pelltet guns we have out there. Once I find out horses were shot, I went directly to the police to clear my name and help catch the ass holes. I give the names of Who would've done it, everyone else questioned says the exact same thing. Well the guy we blame dips town I believe, we never hear from him again. Cops cant find. Cops question me again saying someone must be blamed. Week later I get a call from one of the friends they're saying the cop is going to charge me with two account of animal cruelty because he believes I know who shot the horse but just wont give up information on him. Since im poor I have a lawyer appointed to me. He tells me the judge likes to make an example of kids so others know not to fuck up. Tell me to plead guilty and take the easier road of punishments. I refuse and stick to my innocence, then thrown in jail. "Detention center" for the youths. Later told by a friends of a friend whos a cop that the officer who charged me did so because he was being pressured by his higher ups to charge someone and close the case, thats why I was charged. Even though I proved and had plenty of witness including a friends dad saying I was no where near the horses. But heres the part that really got me. While looking for someone else to charge they were trying to force me to rat out my friend saying they know he had something to do with it. I told them to fuck off and stop trying to convict all my friends just to help close the case. Few months later im in front of a judge. His exact words also, "I know you had nothing with shooting the horses, but I believe you do know who shot the horse but keeping a secret from us. So in that case you will be charged with the shooting."

No shit I know who shot the horse, I told you their names and your cop didnt want to do his fucking job.

This is the same PD who couldnt find the video of someone robbing me when there was a camera pointed right in my direction. It was working, I talked to the manger of the place. Then the other instance is when someone pulls out a screwdriver on me to fight with and I respond with a punch that does some damge to his face. Judges. Exact words again..."you over-reacted son" may I also say this incident with the screwdriver happened during school whem a screwdeiver is consider a deadly weapon. The other kid gets no charges, allowed to return to school, even though his entire story is shredded up in court by witness. But Im still the one over-reacted.

Sorry for the long messy story. Anger just took a hold. Anyways though, fuck Chesapeake, VA PD. They don't care for justice, only money.

[–]clusterfuckache [スコア非表示]  (2子コメント)

Wow, that's rough. I'm sorry you went through that. Did the horse actually die, or was it just injured?

[–]SirPhlapsit [スコア非表示]  (1子コメント)

Just injured, if it died I would still be locked up...

[–]clusterfuckache [スコア非表示]  (0子コメント)

That's all ridiculously unfair. You did the right thing by coming forward. The only "example" they made out of you is that coming forward to report a crime can cost you dearly.

[–]GeauxTiger [スコア非表示]  (0子コメント)

stuff like this is what people mean when they say to never ever speak to police. even if youre simply trying to help, in a case like this all it might mean is that you put yourself at the scene.

[–]NeonDisease [スコア非表示]  (2子コメント)

Cops question me again saying someone must be blamed.

There's the problem right there.

The cops don't care about THE TRUTH, they only care about blaming someone, ANYONE.

Cops DO NOT CARE if the actual perpetrator goes free, as long as they have SOMEONE they can blame.

[–]SquidgyB 25ポイント26ポイント  (14子コメント)

Indeed, just look at the sentencing for the riots in the UK a couple of years ago. The courts came down hard on all of them just to set an example.

[–]Crusader1089 19ポイント20ポイント  (3子コメント)

But that is the nature of the common law system that the UK and USA operate under. In common law a judge considers sentences weighing the nature of the crime, the circumstances, government sentencing guidelines and crucially previous sentences.

A judge has to consider that his sentence for this offence will be held as a precedent forever. I was sitting in on a case just a few weeks ago where the defending lawyer in his statements before sentencing referenced a case from the 1800s to bolster his client's chances of a more lenient sentence.

Sentencing a crime more harshly than it should be is wrong, but so is doing it too loosely. If it is the first time a crime of its nature has occurred, such as the widespread looting of the UK riots, he has to consider that his sentences will be used the next time there is widespread looting. And the time after that. And the time after than. Forever.

It's not an easy thing and a judge's sentencing document usually goes through every part of his reasoning when he decides what the final sentence will be. I would always read that before passing judgement.

(although that is a more general position, things the judge about this case said suggest the defendant deserves a retrial).

[–]truemeliorist 25ポイント26ポイント  (5子コメント)

I agree, and I think the true important part is the "unusual punishment" part of the amendment. By definition, making an example of someone means you are doing something outside of the norm. So it stands to logic, that a sentence based on "making an example out of someone" is, by definition, an unusual punishment.

[–]seanfidence 58ポイント59ポイント  (2子コメント)

These types of actions do fly, all the time. This case happened to be one of the lucky ones that caught steam on the internet and media.

[–]ineedtotakeashit 132ポイント133ポイント  (36子コメント)

He probably got a call from the Governors office telling him to quit his bullshit.

[–]igolfohio 105ポイント106ポイント  (28子コメント)

Nah, that's assuming the Governor is any better. Public outrage is probably what did it

[–]nlyles1 117ポイント118ポイント  (19子コメント)

I think thats what /u/ineedtotakeashit was implying. The governer saw all this public outrage and told the judge to resentance him.

Public outrage happens all the time, but without threat from an actual higher authority figure nothing is ever done about it. People care, then when nothing happens it fizzles and dies and no one cares about it.

Look at OccupyWallstreet. A bunch of people were camping out and pissed off. Public outrage was right in there face. What happened? Nothing. Because no one with any real authority stepped in.

Public outrage is cute, but nothing gets done unless someone with actual authority steps in. Which is why the best you can hope for is that whoever has authority has a vested interests to appease the public because their position is controlled by public voting.

Governor probably said "I don't like all this negative press over bullshit. Make it go away"

[–]skycaptainmorgan 29ポイント30ポイント  (4子コメント)

I would argue that Occupy fizzled out due to lack of coherent goals and feasible solutions rather than lack of someone in power getting involved. It could have certainly benefited from some centralized leadership, but that leader could have just as easily been a charismatic former-nobody.

[–]Something_Something2 39ポイント40ポイント  (2子コメント)

Public outrage happens all the time, but without threat from an actual higher authority figure nothing is ever done about it.

This is why George Zimmerman was even tried in court. They reopened the case after President Obama said something along the lines of "If I had a son, he would probably look like Trayvon Martin."

[–]lenzflare 21ポイント22ポイント  (2子コメント)

Occupy accomplished its goal, the goal of any protest: change the conversation. Before occupy, no-one was saying anything about "the 1%". After? Even the president started taking openly about it in major speeches. Now we all talk about it.

[–]fuckeveryonesthigns 83ポイント84ポイント  (17子コメント)

Who cares about the judge. Why's the kids lawyer not trying to have the judge recuse himself and save everyone the costs of appeals.

[–]UndersizedAlpaca 107ポイント108ポイント  (13子コメント)

Because the lawyers are probably more concerned with the real possibility of saving this kid's future instead of throwing it under the bus in favor of a nearly impossible uphill battle against this judge.

I don't want him staying a judge either, but the kid and his lawyers have their own priorities. Besides, they should be able to sue or try to recuse do whatever you do to a judge that's bad to him after the sentence has been appealed anyway.

EDIT: I don't know what recuse means

[–]MrSourceUnknown 222ポイント223ポイント  (30子コメント)

"If Anderson's appeal is approved the teen would have the chance to go before a different judge, who could possibly remove him from the registry."

The way I read it, is that this (same) judge isn't going to change the sentence himself, but is simply going to address the question "Can we please have a second opinion on the sentence from another judge?". Which is still ridiculous, that he gets a say in that process, but at least this time his professional opinion should be to allow such a revaluation.

[–]tahlyn 170ポイント171ポイント  (24子コメント)

Yeah... because asking the first judge if he thinks his decision should be second guessed is bound to get a favorable response /s

[–]beartheminus 137ポイント138ポイント  (6子コメント)

Like when the cops investigate their own misconduct "we have looked into our own behavior, and found we did nothing wrong"

[–]riboslavin 26ポイント27ポイント  (14子コメント)

While this judge has shown monumentally poor judgement to get to this point, there are plenty of decent judges/justices who do a good job of not having a personal stake in their rulings. This actually gives him a chance to save face by saying, "I stand by my decision but I recognize your legal right to an appeal. And I am so persuaded that my ruling is founded in the letter of the law that I'll let another judge make the same decision."

Which, to be honest, is pretty possible. Sexual consent is strict liability. It doesn't matter if someone lies to you about their age, produces a fake ID, and has actually been living under the assumed identity of someone for years, fooling even their family into believing they're over the age of consent. If they're under, they're under. The only defense is to prove that they weren't under the age of consent or you didn't have sex.

[–]tahlyn 27ポイント28ポイント  (6子コメント)

I agree about the strict liability part and understand that's a different fight to fight... but from this judge's ruling (and others have quotedit) he makes a moral judgment that internet hook-ups are wrong and that that is a driving factor in his sentencing (to forbid internet useage).

I do think this judge overstepped boundaries by basing his sentencing on outdated puritanical moral values concerning sex rather than objectively.

[–]chillbroswagginzz 548ポイント549ポイント  (222子コメント)

The way judges are treated like infallible gods among mere mortals creates an environment where they get extremely comfortable doing and saying basically anything they want with absolutely no fear of repercussion. I can definitely see how this judge got his god complex and why he thinks it's perfectly fine to be the arbiter of morality.

[–]seandalawn 293ポイント294ポイント  (96子コメント)

It's honestly ridiculous that we stand for them and refer to them (or anyone) as "your honor" in 2015

[–]chillbroswagginzz 162ポイント163ポイント  (17子コメント)

I agree. Most of my work was in immigration courts (removal proceedings, mostly) and while some judges were good people, there were others who I had to control the eye-roll when we were forced to stand for the "honorable" judge who I wouldn't trust to watch my dog for the weekend let alone fairly decide the fate of dozens of people a day. The games and bullshit that goes on is just known and accepted by everyone involved because no one fucks with the judge. Often, it wasn't the merits of the case that determined outcome, it was "which judge?"

[–]TP3NG 31ポイント32ポイント  (9子コメント)

If someone was to be tried for something, is there a way to choose a judge before sentencing? Anything you as lawyer or someone could do?

[–]MrSafety 26ポイント27ポイント  (2子コメント)

Remember that judge who was texting tips to the prosecutor for a case she was presiding over? I think she resigned, but would that not warrant obstruction of justice charges?

[–]strattonbrazil 53ポイント54ポイント  (19子コメント)

I see where your coming from and I definitely agree things like the black robes are slowly going out of fashion, but from a certain perspective calling them "your honor" isn't to show them respect but to recognize their authority. You are legally required to respect their decisions--not in the sense of liking or agreeing with it. More like honoring an agreement.

[–]sadtimedadtime 13ポイント14ポイント  (11子コメント)

I don't get the outrage here. You call a doctor 'doctor', a professor 'professor', the president 'Mr. President', etc. people with specialized credentials or positions of authority get honorifics. It doesn't mean they're always right or aren't shitty people, but they've earned a certain degree of respect.

[–]ChesterAMillardPolk 9ポイント10ポイント  (6子コメント)

Let me see if I understand the math:

A doctor is addressed as, "Doctor"

A professor is addressed as, "Professor"

The President is addressed as, "Mr. President"

A judge is addressed as, "Judge Your Honor"

[–]kismethavok 118ポイント119ポイント  (102子コメント)

The ability to hold people in contempt of court for being disrespectful is the most retarded thing imaginable for a free country.

[–]Axe_wound_crotch 108ポイント109ポイント  (9子コメント)

Especially because being disrespectful is such a subjective thing.

[–]kismethavok 106ポイント107ポイント  (7子コメント)

I don't particularly like the tone of your comment, i find you in contempt of the court of reddit. Go directly to jail, do not pass /r/funny, do not collect 200 karma.

[–]Perciles 57ポイント58ポイント  (3子コメント)

Do not pass /r/funny

Oh thank God, your honor. Thank you for upholding my Eighth Amendment rights.

[–]Ghot 11ポイント12ポイント  (0子コメント)

Don't pass /r/funny because that's where you're being jailed. Get it? It's a joke. You'll learn to appreciate my humor after all the hard time you'll be doing in /r/funny.

[–]QuinineGlow 46ポイント47ポイント  (36子コメント)

The ability to hold people in contempt is an (unfortunately) necessary tool to maintain courtroom decorum. I have no problem with a judge who is otherwise fair but runs a tight ship and expects efficiency and the proper conduct be displayed both toward him and opposing council/witnesses/spectators, etc...

Judges who abuse that ability for other purposes, though, should rightly be called out for it, and it's true that far too often those that do are not properly reprimanded for it.

[–]Otagraf 6ポイント7ポイント  (2子コメント)

Let recorders in court rooms that shit would be shown to everyone reeeal quick

[–]QuinineGlow 6ポイント7ポイント  (1子コメント)

I'm torn on the idea of allowing televising of proceedings.

On the one hand it's absolutely public information (with various exceptions) and if you're allowed to sit in the peanut gallery (which for the vast majority of court proceedings anyone is) then why not allow televising?

But, then again, you've got the 'Ito problem', where publicity-seeking jurists will turn their courtrooms into spectacles and/or be more likely to be swayed by the court of public opinion.

Brandeis was right: 'sunshine is the best disinfectant', but then again you let too much shine, too uncontrolled, and, well, you can also end up 'burned'...

[–]growingfromgraves 59ポイント60ポイント  (43子コメント)

Did u see the case where the girl with no prior had her fine doubled for saying "adios" when the judge said goodbye to her? Then after he mocked her Spanish and she reacted in offense he put her in jail? This is the same judge that lightened a mandatory sentence in the case before her where a child was raped. It's ridiculous. He even said she couldn't have a public defender advise her because he felt she "wasn't in need of legal aide" smh.. that's someone's baby

[–]VillainNGlasses 22ポイント23ポイント  (15子コメント)

Wait what? I thought having a public defender was a given right?

[–]Lime_Time 29ポイント30ポイント  (3子コメント)

She was a spoiled rich kid on drugs during her sentencing. She didn't need a public defender, she needed a reality check (and got it). He later lowered her sentence.

[–]hsdhjfdjfdjjsfnjfnjd 121ポイント122ポイント  (27子コメント)

The judge who sentenced him said...

"That seems to be part of our culture now," he said, according to a transcript. "Meet, have sex, hook up, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever"

[–]Fluffiebunnie 23ポイント24ポイント  (1子コメント)

The funny thing is that this "culture" has been going on since he was young as well. Sounds to me like he just didn't get any when he was 20ish and he's out to get everyone who is.

[–]YoloYeahDoe 37ポイント38ポイント  (6子コメント)

How do you remember your username?

[–]DudesNightOut 59ポイント60ポイント  (2子コメント)

happy sad dad helps john's face damage jollily from doing jumping jacks so, frankly, nobody jokingly forcibly neuters john's dick

[–]Jealousy123 82ポイント83ポイント  (8子コメント)

I'd like to tell that old fuck that what people do with their genitals is none of his business. But then I'd go to jail and face a $1,000 fine for contempt of court.

Hurraaaay land of the free!

[–]None-Of-You-Are-Real 25ポイント26ポイント  (0子コメント)

This moralizing neo-Puritan has no business being anywhere near a judge's gavel.

[–]Tex-Rob 54ポイント55ポイント  (5子コメント)

It's fucking absurd that it would be before the same judge. If the judge allows it, he is basically telling everyone he fucked up, and quite possibly messing up his career. They are putting the judge in somewhat of an impossible situation IMHO (ironic since he did the same thing to the kid by ruining his life).

[–]the_chewtoy 35ポイント36ポイント  (3子コメント)

Not really--the judge actually has more of a reason to allow the re-ruling. If the judge denies it, then his ruling is subject to appeal, and unless he has a sound legal reason for denying the motion, it's going to get overturned by an appellate court. Basically, the judge is allowing another person to review and resentence, or he's going to get overturned by an appellate court (which looks worse professionally).

[–]Basas 839ポイント840ポイント  (94子コメント)

Why would a judge admit he was potentially incorrect when sentencing this guy? Couldn't they find another judge?

[–]monty845 664ポイント665ポイント  (61子コメント)

It gives the judge a chance to correct his own mistake, rather than having a higher court publicly tell him he was wrong.

[–]smoothcicle 544ポイント545ポイント  (53子コメント)

He should be publicly ridiculed for his bs. Not like this is a rare thing for him.

[–]That_is_a_door 143ポイント144ポイント  (46子コメント)

What do you think reddit has been doing the past few days?

[–]skulblaka 327ポイント328ポイント  (41子コメント)

Only reddit cares about reddit. Someone with actual power within the judicial system needs to tell this judge that he's unfit for his position.

[–]adelltfm 76ポイント77ポイント  (13子コメント)

What a backwards system. If you've read about this judge at all then it seems highly unlikely that this kid will get good news today.

[–]tumblr_kin 55ポイント56ポイント  (5子コメント)

lol he'd be at a new level of absurd if he just made the new sentence worse

its like "hey i'm receiving negative feedback on this decision, and because everyone is a godless tinder using heathen i've brought you back for re-sentencing and i'm telling you now that the punishment is now going to be worse to make an example of you. No internet for 10 years, and you will need to serve 3 years in jail now too".

[–]turboladle 12ポイント13ポイント  (2子コメント)

The old judge is going to tell him today if he can be seen by a new judge. He won't be doing he resentencing.

[–]mjike 610ポイント611ポイント  (87子コメント)

What bothers me about this is this quote from the judge:

That seems to be part of our culture now, Meet, have sex, hook up, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever,

and citing that as his reason for handing down the internet ban. Since when are judges allowed to enforce the law based on their own personal beliefs/morals?

I do think that all the articles are leaving out a key piece of the story. How did he end up in court in the first place? At some point a complaint against him had to be filed.

[–]Karissa36 122ポイント123ポイント  (23子コメント)

The mother reported her 14 year old daughter missing to the police. The police were present when he dropped the girl off back home. They admitted this was the first time they met and they had just had sex in his car at a playground. The police filed the complaint.

[–]mynameislucaIlive 47ポイント48ポイント  (13子コメント)

I have a few issues with this. Coming from the the rebellious manipulative teenager in me I don't understand why she didn't just lie. When I was 14, even when my parents didn't trust me, I would just say I was going for a walk and then I'd meet my friends for a bit. She could have lied and avoided her mom calling the police.

Secondly, the police should have used discretion when filling the report right? Or is that not something they can do?

[–]deaddodo 77ポイント78ポイント  (10子コメント)

Well, since the dude thought it was totally legal, he probably admitted it.

Why would you lie about that if you thought it was on the up and up?

[–]FrothySeepageCurdles 39ポイント40ポイント  (4子コメント)

Well, I have learned from many different scenarios to never talk to the police.... ever.

[–]rj20876 [スコア非表示]  (0子コメント)

It's never in your self interest. At best it can save you a minor inconvenience, at worse...this.

[–]Sh_doubleE_ran 237ポイント238ポイント  (37子コメント)

She used the inteenet to

Meet, have sex, hook up, sayonara

Where is her internet ban?

[–]_My_Angry_Account_ 32ポイント33ポイント  (3子コメント)

It'll come when they charge her with hacking for accessing a secured computer system without authorization. Making an account while going against a websites ToS/ToU is a violation of the CFAA and considered hacking by the US government. They only ever use this law to prosecute whistle blowers, poor people, and cyberbullies though.

[–]NeonDisease 163ポイント164ポイント  (21子コメント)

Where's HER criminal charges for knowingly and intentionally lying about her age?

If you do that to buy tobacco/alcohol, that's a crime.

Why is it not a crime to lie about your age to acquire a sex partner?

[–]istartedi [スコア非表示]  (2子コメント)

Where's HER criminal charges for knowingly and intentionally lying about her age?

Whoah, let's not add more injustice for the sake of justice. None of this should be a criminal matter. She should be grounded for a good long time. Maybe no summer camp next year... just a weeks-long visit with her stuffy old aunt instead.

[–]Scholars_Mate 26ポイント27ポイント  (3子コメント)

The mother reported the daughter missing when she was off with the guy. The police investigated and found that she had sex with the guy and arrested him for it. It wasn't the family's intent to get him arrested which is why they both testified in his favor.

[–]Lynchpin_Cube 16ポイント17ポイント  (0子コメント)

In statutory rape cases, which this is even though he didn't know her age, the state can file a complaint on behalf of the victim.

[–]Themiffins 4ポイント5ポイント  (0子コメント)

It doesn't even make sense. People have been doing this for the past 80 years.

Military in foreign countries never visited whore houses? No one-night stands from bar meetups?

This judge is delusional.

[–]projektnitemare13 1313ポイント1314ポイント  (349子コメント)

really really really hate strict liability laws, i understand why they came about, but it also means there is literally no defense, none, when something like this happens. she lied to him, she admits to lying to him, its kind of hard to get around that. Almost any other crime, if you were tricked into it through deception of any kind it at least introduces extenuating circumstances that allow for some leeway in judgement. But, strict liability...doesnt matter in the slightest.

Especially when one is tricked into the crime. other part of me says this girl lied about it and has now ruined this guy's life, what penalties is she going to face?

[–]CRFyou 618ポイント619ポイント  (152子コメント)

Exactly. When interpreting laws you have to consider multiple factors.

Intent being one of the things relevant here. The girl signed up for the adult section of that site and lied to the dude.

His intent wasn't to poach a minor.

And it's ridiculous to think any situation like this leads to a dude asking for government ID from a chick.

"Hey. I'm having a real good time with you and you're def hot or whatever... But you got that ID for me, baby?? Yeah. Pull that shit out and get verified... Oh that's hot..."

[–]turdburglersc 263ポイント264ポイント  (21子コメント)

Exactly. When interpreting laws you have to consider multiple factors

its the whole reason we have judges in the first place.

[–]El_Tentecal 109ポイント110ポイント  (18子コメント)

Exactly. The point of the judicial system is to interpret the laws, but in this case they are doing a pretty shanty job.

[–]noreservations81590 49ポイント50ポイント  (8子コメント)

That's because they have to get elected. They're just politicians.

[–]Murrmeow 31ポイント32ポイント  (2子コメント)

Only in some places. Judges can be elected or appointed and it varies by jurisdiction.

[–]Oryzanol 221ポイント222ポイント  (45子コメント)

It gets worse, if the woman (girl in this case) forged a government ID to make it appear as though she were an adult, the man would STILL be guilty. That's messed up.

[–]Mad_hatter0 115ポイント116ポイント  (17子コメント)

Oh it gets even worse. If her ID was completely legit and obtained through the State License center, say by using fraud or bribes to get the official to give her a legal ID, he would STILL be guilty.

Even if she has legal identification (meaning issued by the state) she is still a minor and it is illegal to bang her.

The law is written poorly and people are so big on protecting children no one gives a shit who gets hurt.

Edit.

I failed to address this. Each state's laws are different. Here is Pennsylvanias code on mistakes to age.

  1. Mistake as to age.

Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years, it is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older. When criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age.

So in PA, this guy could have had the same judge that sentence him say she was 19 years old with valid ID and blahblahblah and legally speaking he still raped her.

I'm mobile and at work. Maybe I'll look up this state's laws.

Edit 2:

It appears Michigan doesn't have a mistake to age clause.

As far as I recall, this is kind of typical because of consent.

A child can never consent to sex, so it doesn't matter the circumstances that makes one think that someone is legal, you're automatically raping them anyway. Or in this instance, committing the felony charge of criminal sexual misconduct.

So, this judge may have not had an option in this instance. His attack on morality is stupid, but i imagine it would take an appeal to a higher court to argue the constitutionality of this bull shit.

[–]mkrfctr 32ポイント33ポイント  (4子コメント)

Or just showing the real ID of an older sister who looks nearly the same.

Between makeup, hair, glasses, lighting, low quality photo on ID, or having an anti-forgery water mark/hologram over the top of the photo on the ID, etc., it can be damn near impossible to make out the difference between two people that share 50% of their genetics and are close in age, height, weight, etc., especially if you just met them and didn't even know they had a sibling or had ever met their sibling.

Shit's fucked up.

[–]blazze_eternal 7ポイント8ポイント  (3子コメント)

In that case I would challenge the validity of the law itself since there is technically no way to prove innocence, only guilt. If one official state document states her age as one thing (license saying 18), and another official state document saying another (birth certificate saying 14), who's to say which is accurate?

[–]Parsley_Sage 66ポイント67ポイント  (16子コメント)

Strict liability laws should never be for anything other than regulatory offences and should only ever attract fines (to a business ideally) as punishment.

Sold bad meat? Oops, too bad. <-Fine I guess.

Was tricked into sex. <-Kind of bullshit.

[–]dbbo 25ポイント26ポイント  (11子コメント)

Now I'm wondering, what if he did that and she had a fake ID?

She had already entered fraudulent info on the site and lied to him. Would a more serious degree of fraud excuse him in the eyes of the court? And if so, where is the cutoff point?

The whole case seems to suggest that the circumstances don't matter because she was still underage, which is a really tenuous precedent.

[–]QueenSkittlez 20ポイント21ポイント  (3子コメント)

According to what I've read from more informed redditors, still doesn't matter. Strict liability has no defense.

[–]missiofuckinarystyle 61ポイント62ポイント  (25子コメント)

Almost the same story happened to my brother. He found out her age and turned himself in to a cop. Reporters plastered it all over the news he got busted in a sting operation and made the cop a hero. She admitted to lying to other guys too but my brother is the only one who went to jail and had his life ruined. The attorney said not to fight it because everyone he's related to would get drug through the dirt in the process. The girls parents didn't even want to press charges but the state did.

[–]snickerpops 98ポイント99ポイント  (11子コメント)

He found out her age and turned himself in to a cop.

I really don't understand this part.

[–]mrpanafonic 30ポイント31ポイント  (4子コメント)

Goody two shoes I guess this is why you don't admit to that kind if stuff

[–]sfw4567 14ポイント15ポイント  (2子コメント)

Don't admit anything ever unless there is solid evidence against you. Honesty is the worst policy.

[–]__seripha__ 33ポイント34ポイント  (4子コメント)

Why did he turn himself in? Damn being like a good citizen is often punished

[–]jdmgto 25ポイント26ポイント  (1子コメント)

Of course they want to press charges. The only thing that looks better on a DA's record than a murder conviction is a child molester conviction. Turned himself in to boot? Slam dunk.

[–]OscarMiguelRamirez 13ポイント14ポイント  (3子コメント)

Why did he turn himself in? Was she threatening to go to the cops and he just wanted to do it first?

[–]madamz 22ポイント23ポイント  (1子コメント)

I imagine he probably thought that if he didn't do anything and it came back later, he would be in a lot more trouble than if he admitted it right away.

[–]Atlai 22ポイント23ポイント  (0子コメント)

Yeah, the first rule of dealing with cops is to not deal with them unless you absolutely have to, and then you only answer questions with a lawyer present.

At this point in my life, I probably wouldn't even call the police to report a crime unless my life was in imminent danger, or my homeowners/auto policy needed a police report.

[–]dualitynyc 252ポイント253ポイント  (46子コメント)

She shouldn't face any penalties. That's ridiculous. She and her mother even pled to the judge on the boy's behalf. The point is that nobody should be getting "punished" here.

[–]beeblez 226ポイント227ポイント  (20子コメント)

I love how this all seems based on the premise "Teenagers are having sex, so clearly someone needs to be punished!"

[–]ashmagic487 15ポイント16ポイント  (1子コメント)

This needs to be higher, they didn't want this to happen!

[–]HumblerMumbler 59ポイント60ポイント  (2子コメント)

If I recall correctly, both the minor and her mother testified that the defendant should NOT be labeled a sex offender and did bro agree with this decision.

This is all on the shitty judge.

[–]sternje 84ポイント85ポイント  (14子コメント)

The real shame of this case is that this is judicial activism at it's worst. The judge when handing down the original sentence indicated he was doing it because they "hooked up" on a dating app, and he doesn't like or approve of the cultural prevalence of "hooking up".

Quote from the Judge:

"That seems to be part of our culture now." "Meet, have sex, hook up, sayonara. Totally inappropriate behavior. There is no excuse for this whatsoever"

[–]rickforking 60ポイント61ポイント  (12子コメント)

She's 14 and just wanted to have sex. She also testified in court in his favor. Hopefully the penalties she faces is NOTHING.

The girl isn't the bad guy here. The system is.

[–]ronswansonsmuse[S] 265ポイント266ポイント  (77子コメント)

For background, the original story can be read here.

TL/DR: Zach Anderson, 19, (formerly majoring in computer science in school) meets a girl on the adult section of "Hot or Not," he lives in Elkhart, Indiana (my hometown) and she lives in Niles, Michigan - a 30 min drive. They text for a while and decided to meet up and have sex. She says she's 17. Some time passes by and he gets arrested at work for rape. He pleads guilty and is sentenced to 90 days in jail, 25 years on the sex offenders list, and (IIRC) for five years he cannot use any smartphones, he cannot access the internet for five years. While he's on the list he cannot go to a mall or linger near a school or playground (or any public land). His parents say because he has a 15-year-old brother, he can't even live at home any longer.

[–]Delphizer 209ポイント210ポイント  (22子コメント)

Caveat, he plead to a lower sentence, but the judge rejected it. Not for any good reason but essentially, "Hooking up online and having casual sex goes against my morals so I'm throwing the book at you"

[–]wrathofoprah 208ポイント209ポイント  (20子コメント)

Apparently this judge has a history of being a piece of shit.

And the prosecutor pulled a bait and switch

Anderson’s father told Reason that his son hopes to withdraw his original plea because, he said, the prosecutor violated the terms of their agreement.

Prosecutors had agreed not to take a position on whether to apply Michigan’s leniency provision for first-time offenders younger than 21, but the prosecutor reminded the judge during sentencing that he had twice denied leniency in previous cases.

That gives Anderson basis to withdraw his guilty plea, his attorney said.

Jerry Vigansky agreed to the deal to avoid trial, while knowing that the judge would toss it and burn the kid if he gave a wink and a nod. Having their cake and eating it too.

[–]nexted 94ポイント95ポイント  (4子コメント)

So the prosecutor is also a giant piece of shit. I feel like that should be getting more attention.

At least the judge doesn't break the terms of his agreements to screw a guy that is barely an adult.

[–]Pompousasfuck 25ポイント26ポイント  (0子コメント)

Didn't see the part about the prosecutor messing with the deal on the last post. That is really screwed up. It almost sounds like the judge and prosecutor conspired to get this kid to plea guilty so they could just ruin his life.

[–]bruski 11ポイント12ポイント  (3子コメント)

How is this guy a judge? I would sign a petition to have this guy removed.

[–]wheatwanderer 10ポイント11ポイント  (0子コメント)

God damn it, what are we in Italy?

Get it together guys.

(For those who don't get it: see the prosecutor and judge in the Amanda Knox trial).

[–]TheFuckingIntern 69ポイント70ポイント  (20子コメント)

At the very least I hope he has the computer/smartphone ban lifted off his sentence. Not having access to a computer will pretty much spell doom for any chance of him having a career in Computer Science.

[–]PM_ur_Rump 74ポイント75ポイント  (6子コメント)

Spells doom for any career nowadays.

[–]The_Dukkhanator 18ポイント19ポイント  (1子コメント)

At the very least? All of those is career death, not just the phone/computer stuff.

[–]Balyrial 10ポイント11ポイント  (0子コメント)

Not just a career, not a staggering volume of jobs. You even need to apply online for a job at McDonald's these days.

[–]vi0cs 32ポイント33ポイント  (5子コメント)

That's the most fucked up part. The judge literally threw that in there because of his moral high ground.

[–]Jealousy123 27ポイント28ポイント  (2子コメント)

And as a 60 something year old he probably doesn't even understand what the internet is. It's just that vile thing with the porn and the violent video games and NOW it's got anonymous hookups! It's practically destroying America from his point-of-view I bet.

[–]Science_Smartass 6ポイント7ポイント  (0子コメント)

Well technically he could still do comp sci as that's the study of theory but that's just me being pedantic. No internet basically means you have to live in a cave.

[–]tlfb2010 30ポイント31ポイント  (7子コメント)

It's not because he has a 15 year old brother. He can be around immediate family below the age of 17. It's because his parents are within a 1000 feet of a boat dock.

[–]Jealousy123 6ポイント7ポイント  (4子コメント)

I can understand if it was a school but why does a boat dock matter?

[–]colonelpanic420 1477ポイント1478ポイント  (76子コメント)

This is why I only have sex with girls after I chop one of their legs off so I can count the rings to be sure.

[–]sufficientlyadvanced 37ポイント38ポイント  (10子コメント)

Actually I just only have sex with women over 80. That way I know for sure they're legal.

[–]BearBak[🍰] 30ポイント31ポイント  (4子コメント)

What if you run into Brenda Button type situation?

[–]man_of_molybdenum 6ポイント7ポイント  (0子コメント)

Ask her about watergate and Woodstock. If she gives an answer your grandma would, get at it.

[–]drunken1 105ポイント106ポイント  (1子コメント)

"Judge, you haven't made one intelligent decision in the course of this trial. I don't expect one now. Knock yourself out."

-Larry Flynt

[–]SerjoHlaaluDramBero 129ポイント130ポイント  (15子コメント)

The judge Anderson faces today is the same judge who handed down his original sentence of 90 days in jail and 25 years on the sex offender registry.

So this should go just fine.

[–]at2wells 44ポイント45ポイント  (6子コメント)

Right? Everyone is celebrating like something good is about to happen. And maybe (hopefully) it will.

But were talking about a judge who has a problem with the younger generation and their use of the internet and the so called "hook-up" culture. I could see the dude calling him in and shaming him for trying to use the evil internet to bring down a judge.

[–]Delphizer 4ポイント5ポイント  (3子コメント)

The fact that he got a re-sentence hearing so quickly is a pretty good indication that the media pressure is forcing the court to lower the sentence(Presumably to the original plea deal).

For it to work any other way would mean that any lower court judge could override any other lower courts judge ruling, that is not really a feasible system.

(The kid is still eligible for a higher court appeal regardless)

[–]Swansonisms 24ポイント25ポイント  (3子コメント)

This reminds me of a case currently going on in Canada. A sixteen year old boy is being charged with possession of child pornography and labelled a sex criminal for twenty five years because he received a sexually explicit image from his girlfriend (who is the same age). Shockingly she was not charged with production of child pornography...

[–]girlgeek_glasses 228ポイント229ポイント  (105子コメント)

People are going to need to start checking IDs and getting a disclaimer signed before getting busy.....

[–]aryst0krat 66ポイント67ポイント  (24子コメント)

Disclaimer wouldn't do anything, I can't imagine. And you'd have to make sure it wasn't a fake ID somehow.

[–]where_is_the_cheese 29ポイント30ポイント  (22子コメント)

Disclaimer is the wrong term. I imagine what he means is a signed statement that sex is consensual. But that is useless as well. Because either party can revoke consent at any time during sex, the signed statement could only show the persons initial consent before the act occurred. They could also claim they were coerced into signing. Unfortunately there is no way to 100% protect yourself in these situations. There's an inherent requirement for trust from both parties.

[–]Phridgey 18ポイント19ポイント  (6子コメント)

Wouldnt work anyway. Strict liability means that sleeping with a 14 year old (if the cutoff is 14 in the state in question) means that NO MATTER WHAT THE CIRCUMSTANCES ARE, if you have performed the action, you are guilty. This is the real issue. If she had been 8, there would be no public outcry because it's pretty impossible to mistake an 8 year old for an 18 year old, but with makeup, adult dress, early maturation, and presence on an adults only service, it's easy to see how this could have happened.

[–]Thoth74 215ポイント216ポイント  (19子コメント)

And then when it turns out she had a fake ID? Oops...to the registry and prison you go!

[–]littletomcallahan 39ポイント40ポイント  (4子コメント)

Edit: People will need to purchase pricey ID authenticators like the casino if they hope to get busy.

[–]Pilate27 6ポイント7ポイント  (0子コメント)

That in itself is dangerous. I have hooked up with plenty of women that I would NEVER want to know my home address. I imagine plenty of young women think the same thing about men they hook up with.

[–]rgr555 36ポイント37ポイント  (35子コメント)

how do you get banned from using internet? seems impossible

[–]chromiselda 14ポイント15ポイント  (2子コメント)

Not just that, but what's being banned from using the internet got to do with this?! The internet is basically your career now. I can't think of a single job where you can survive without using the internet, besides some really crappy dead-end hourly job. Doing that for 5 years = doom for life. How is the guy supposed to move on and become a better person? Totally broken legal system if these repercussions are encouraged.

[–]CY4N 22ポイント23ポイント  (23子コメント)

More importantly, how do you LIVE without using Internet? Especially him, being a computer science student. The Internet is like running water. He'd be better off in prison than in 2015 without Internet. Can't get a good job, can't contact family, can't look up recipes, can't go to school, can't really do anything.

[–]seanjohn12117 78ポイント79ポイント  (18子コメント)

Banning him from the Internet is cruel and unusual punishment. It basically means he'll never be able to get a decent job. And the Internet is a necessity for so many things today, can you imagine in 20 years? I don't see how he can ever have a normal life.

[–]Bumblefuckery 68ポイント69ポイント  (4子コメント)

Plus his planned career goal was computer science.

[–]NeonDisease 39ポイント40ポイント  (3子コメント)

Yeah, the judge literally banned him from pursuing his education/career.

[–]orestul 55ポイント56ポイント  (13子コメント)

I really hope the charge gets removed, the judge's reasoning was idiotic and the whole situation is completely unfair to the guy.

[–]codefreak8 22ポイント23ポイント  (2子コメント)

He's never going to get a fair sentence with this judge. They should get someone else, because this judge has already proven that he isn't impartial.

[–]Trigger93 89ポイント90ポイント  (32子コメント)

I feel bad for the 19 year old...

[–]Trigger93 81ポイント82ポイント  (19子コメント)

I always feel like there should be levels to that kind of thing. Instead, he's put on the same list as the 40 year old that slept with a 13 year old. And has to tell all his neighbors, and every place he tries to apply for, etc.

It bugs me more when the guy that's married to his wife is on the same list cause he was 19 when she was 16 and they did the dirty dirty after nine thirty.

[–]NeedsMoreWhammy 13ポイント14ポイント  (9子コメント)

See this is why these laws are so confusing. For example in certain states 16 is the age of consent. Does that mean they're then legal for anyone? Or anyone within a certain number of years?

[–]ilovegingermen 14ポイント15ポイント  (4子コメント)

It depends on the state. I know here in Washington it's a 4 year rule. So a 16 year old couldn't sleep with someone past the age of 20 without it being illegal.

[–]sydleezy 9ポイント10ポイント  (3子コメント)

I don't understand why he is going before the same judge.

[–]StupidVandals 129ポイント130ポイント  (29子コメント)

Oh God why the same judge? What's immigration to Canada like?

[–]completedick 5ポイント6ポイント  (0子コメント)

Make sure you hit the border around Texas, Mexico or Arizona to ensure success.

[–]zaturama015 17ポイント18ポイント  (1子コメント)

Now imagine how many people are victims from the bias of lots of judges

[–]Bizarro_I_Love_You 15ポイント16ポイント  (1子コメント)

I fear for the justice system when common sense is void and prison is a for profit institute.

[–]klitchell 8ポイント9ポイント  (2子コメント)

Plot twist, Judge will give stiffer sentence.

[–]Kickedbk 7ポイント8ポイント  (0子コメント)

The senator that wrote that bill and defended the judges decision should also be shamed.

[–]highspeed_lowdrag2 7ポイント8ポイント  (0子コメント)

This judge seems to be biased against people having sex.

he also refuses to listen to testimony.

[–]throwaway11011101 14ポイント15ポイント  (7子コメント)

Using a throwaway for obvious reasons, but I need to tell this story because maybe it will give some insight.

Before the days of ubiquitous mobile internet hookups, this situation happened to me. I was 19 and she was "18" -- something that no one questioned at all. She had moved to my area from parts unknown, so no one had her backstory. I honestly thought she was older than that when I met her. My friends knew her as well, and never thought anything of it. Who really questions a person's age anyway?

She was hot, and she was developed (she spoke like a young adult, she looked like a young adult, etc). She initiated contact, and I wasn't going to question it. I let her drive my car. She bought cigarettes for me when I asked her to pick some up. She was hanging out with me and my friends, of which I was the youngest. Ranging from 19 to 26, none of us saw anything amiss.

We saw each other for a couple weeks and then we had sex. Nothing unusual.

Then I found out that she'd been lying to us all. She was 14.

I panicked. My friends panicked. I broke it off, and she even went so far as to joke about statutory rape and later claimed she was pregnant for an entire day before she laughed and said she was joking. Eventually she moved on and so did I. Nothing happened to me.

It's been over thirteen years now. I'm still sick over it. I still worry (I have no idea what the statute of limitations is on this). On top of all of it, I have to live with the fact that it happened, and that if the police had gotten involved, my defense was simply that I didn't run a full background check on a girl who wanted to fuck me.

Something like this could have ruined my life, or sent me to prison. I've never had so much as a seat belt ticket in my life. I'm not a bad person, honest. I tell myself this all the time. Then I see a story like this and my stomach turns again, and I see it happening to someone else, and I wonder about the parallel universe where I'm a sex criminal who can't find employment and is harassed out of every neighborhood I try to live in.

Our system sucks, guys. Change it.

[–]frissonFry 34ポイント35ポイント  (11子コメント)

The court of public opinion is real. These days, it seems to be the only way to actually get justice.

[–]xMisterShushx 10ポイント11ポイント  (4子コメント)

This judge was censured by the state in 2014 for holding a woman in jail for 20 days for contempt because she used profanity in the hall way of the courthouse. He didn't even hear her say it. He overheard a clerk talking about how the woman muttered something under her breath at the bailiff's window when she was informed of the amount of the fine she was to pay for an offense. The judge ordered a deputy to find the woman and bring her to the courtroom where he sentenced her to ten days for contempt. In ten days, she was brought back to him for re-sentencing on the original charge and he gave her another 10 days. The ACLU got involved and their complaint got him censured by the state. This asshole has a habit of preaching Bible verses from the bench and throwing the book at people because he disapproves of their lifestyle or beliefs. I'm a cop and as much as I appreciate judges and the often difficult decisions they have to make, this piece of shit is applying the most insane interpretations of the law I've ever heard of and causing undue hardship for people guilty of crimes. Yes you should pay a penalty for a crime, but this is ridiculous. Fuck this guy. He's up for re-election in 2016. Do what you need to do people of Michigan.

[–]BeerDrinkinGreg 27ポイント28ポイント  (8子コメント)

I'm more concerned with "appearing before the same judge". Judges do not like their decisions being appealed. Especially when popular opinion and common sense say they are completely in the wrong. ("That's what's wrong with society today, kids meeting on the internet and hooking up. I don't like what people do, so i'm gonna fuck up your life in particular")

I would really worry about this judge going the other way and sentencing him to serious time. He did plead guilty, if anyone remembers. He shouldn't have plead guilty to anything. It's hard to get a sentence adjusted when you do admit guilt.

[–]Bacon_Hammers 6ポイント7ポイント  (1子コメント)

At this point, he's already in hot water with the media. He's done this kind of shit before, but nothing garnered this much attention before, either. Dateline has already scheduled an interview with the kid. Believe me, this judge does not like the attention this case, and by extension, he is getting.

Going the opposite direction and handing down an even tougher sentence in full view of the media would probably set his professional and personal life in a direction he isn't even halfway prepared to go.

[–]Jewel_332211 67ポイント68ポイント  (26子コメント)

The petition still needs 30,000 sign-ups. You can sign it here: https://www.change.org/p/justice-for-zachery-anderson Share on your social media!

[–]DrFaustPhD 4ポイント5ポイント  (4子コメント)

Its really horrible the kid has to go through this at all. All parties that were actually involved, including the girls mom, stated the girl lied about her age the boy shouldn't be punished for doing something he had every reason to believe was perfectly legal. For a judge to give a sentence for what's clearly a position of "moral superiority" in a legal matter is pretty sickening. If he doesn't clear the kid of his legally binding moral judgment he deserves every bit of shit storm that will come his way.

[–]JPGnopic 4ポイント5ポイント  (5子コメント)

How does one get banned from the Internet?!

[–]TroyDangles 11ポイント12ポイント  (0子コメント)

If this kid had come from an affluent home and had just killed a few people with a car or something instead of having consensual sex with someone who told him they were legal age it would all be ok right now.