"This is the video of Michelle's sentencing on April 15th in Elko County, Nevada. Last November a jury found her guilty of lewdness with a minor under the age of 14. That sounded pretty serious to me until I heard what she did: asking (unsuccessfully, I might add) a teenager for sex and making him touch her breast over her clothing.
Why did Michelle get such an excessive sentence? Nevada law imposes a mandatory life sentence (with parole eligibility after 10 years) for the crime of lewdness with a minor under 14. The prosecutors had discretion to charge her with any number of crimes that carried different penalties, but they chose to prosecute her under this law. The prosecutors also refused to offer Michelle a plea deal. No one knows why.
The jury who convicted her had no idea she faced life in prison and the judge who sentenced her to life had no choice in the matter.
As the video shows, the judge was not allowed to consider relevant factors at sentencing, such as whether this was her first such crime (it was) or whether medical experts who evaluated her thought she would be likely to commit another crime in the future (they concluded the opposite). All he could do was give her the sentence required by law: life behind bars (FAMM)."
35 Comments
MrFisksays...Mandatory minimum sentencing in the land of the free.
blankfistsays...*fear the oppressive state.
siftbotsays...Adding video to channels (Fear) - requested by blankfist.
Djevelsays...Wow..."sexual harassment" just got bumped up to life in prison?! Awesome.
blankfistsays...This is wrong. Wrong, wrong, wrong. Just wrong. *quality post, MrFisk.
siftbotsays...Boosting this quality contribution up in the Hot Listing - declared quality by blankfist.
nocksays...Wrong. But what the hell is the judge doing? Sounds like he's digging through a box of cookies.
Also, I would want that lawyer as my public defender any day.
Kevlarsays...Jury nullification. Jury nullification. Jury nullification.
Kevlarsays...Gotta love the judge's response:
"I don't know... Make sure we get that $25 administrative fee... I don't know... Don't know why I have to do these things they call trials... Seems like the justice system is pretty fucked, but what are you going to do about it? Hell, I'm just a judge. Good luck... Oh, and life in prison."
blankfistsays...>> ^Kevlar:
Jury nullification. Jury nullification. Jury nullification.
You're singing my song.
gwiz665says...She shouldn't have started crying. Judges don't go for feelings, they go for argument.
Obviously, it's an egregious miscarriage of justice and it should obviously have been reduced - I mean, this is not forced sex... it's touching a breast. Grow the fuck up, America.
Yogisays...Jesus Christ...does Canada have anything like that?
videosiftbannedmesays...From Wikipedia:
Nevada has been ranked as the most dangerous state in the U.S. for five years in a row, just ahead of Louisiana[27][28] In 2006, the crime rate in Nevada was approximately 24% higher than the national average rate. Property crimes accounted for approximately 84.6% of the crime rate in Nevada which was 21% higher than the national rate. The remaining 20.3% were violent crimes and were approximately 45% higher than other states.[29] In 2008, Nevada had the third highest murder rate, and the highest rate of robbery and motor vehicle theft.[27] It should be noted that many of these statistics may not totally be attributed to the citizens of Nevada themselves, but partially to the high rate of visitors entering and leaving the state as well. In addition, the state's most populous county, Clark (accounting for 75% of the state's total population), skews the crime rate for the balance of the state.
...and people wonder why I want to get out of this shithole.
GreatBirdsays...That's a pretty draconian law they have there in Nevada.
toymachinessays...Time to get outta this country! That was insane. Whats the point of that judge... aaah my brain can't handle this crap
deathcowsays...wtf with the crying lawyer?
fjulessays...She got sentenced for life because she refused to have her name on the sex offenders list. Basically, it's her own fault.
"wtf with the crying lawyer?"
Good reason why women can't be lawyers.
messengersays...I think her problem is that her lawyer has Marilyn Manson make-up.
deathcowsays...OK downvote my comment UP, but it doesn't make that lawyer look any more professional, I'd hold her contempt for that
Lawdeedawsays...Catholics are in trouble...
NordlichReitersays...You know why the lawyer is crying; because the judge doesn't give a shit. The whole tone of that court is bullshit.
Now I'm going to use ad homimen against the quoted person below. Do you dislike the constitution; your comment would seem to put you in that category. This case is clear cut, the Judicial Branch in Nevada does not have the power to call that law what it is; bullshit. The balance of powers is not working, and it is clear in the judge’s tone of voice; "I wash my hands of this."
Read the 8th amendment.
Somehow I get the feeling that you would think the ultimatum imposed on Alan Turing was correct and immaculately moral. Read the following excerpt from Wikipedia. Turing’s ultimatum was chemical castration or imprisonment. Bear it in mind that this is the same era where Oppenheimer was persecuted for, what some would say, the same carelessness as Turing.
Your way of thinking is outdated, outmaneuvered and better suited for the middle ages; also misogyny doesn't suit you.
>> ^fjules:
She got sentenced for life because she refused to have her name on the sex offenders list. Basically, it's her own fault.
"wtf with the crying lawyer?"
Good reason why women can't be lawyers.
NordlichReitersays...>> ^deathcow:
OK downvote my comment UP, but it doesn't make that lawyer look any more professional, I'd hold her contempt for that
The Lawyer did not, at any point, disobey or disrespect the court's authority. I assume that is why you are not a Judge.
It is formal for the judge to call the court to order before issuing the threat of contempt, and sanction. The lawyer was giving her final statement, at which point she realized the futility of the situation.
http://en.wikipedia.org/wiki/Contempt_of_court
Hawkinsonsays...How much time should I get when I put your 13 year old daughter's hand on my junk and tell her to fuck me?
But seriously, 10 years is a crazy sentence, look at all those priest who had WAY more power over kids and got WAY more action. And it would be really funny if that same 13 year old killed someone and was charged as an adult and got life in prison as well.
Tyrsissays...I thought the only reason they give out this sentence to a female under this law, is because the male minor in cases like this usually end up dying from excessive high-fiving.
deathcowsays...> I would hope the people would rise up and throw you out of a window.
I will then hold them all in contempt, Nordlich
fjulessays..."You know why the lawyer is crying; because the judge doesn't give a shit. The whole tone of that court is bullshit. "
It doesn't matter why she is crying. If you are a lawyer, you should behave like one. I should know, I am one.
"Your way of thinking is outdated, outmaneuvered and better suited for the middle ages; also misogyny doesn't suit you. "
Sure, internet white knight, hope maybe some lady will read your text and will become more bangable...pathetic.
xxovercastxxsays...Actually, I think misogyny suits him to a T.
>> ^NordlichReiter:
Your way of thinking is outdated, outmaneuvered and better suited for the middle ages; also misogyny doesn't suit you.
>> ^fjules:
She got sentenced for life because she refused to have her name on the sex offenders list. Basically, it's her own fault.
"wtf with the crying lawyer?"
Good reason why women can't be lawyers.
cowboydansays...i've been in nevada courts before (visiting, not in an orange suit), and that was pretty typical.
deathcowsays...seriously, boo fucking hoo, oops - WRONG CAREER
JayCeeOhsays...Wow... Just fucking wow...
A few points:
The video's description incorrectly notes the date. An extremely minor point, but a factual one nonetheless.
I fully believe that this sentence is, as the defense attorney alluded to, a complete miscarriage of justice. I fully believe that the defendant should have been offered a plea deal. Like the judge, I can not understand why plea deals are offered to some but not others. In this case, it certainly seems warranted.
Someone mentioned that the judge doesn't give a shit, but I wouldn't expect the judge to give a shit. The judge is on the bench to act as an impartial mediator between the prosecution, defense and presumably impartial jury. The judge may very well feel for this defendant, as well as others he has had to impose similar sentences upon. It would not surprise me if this judge (as well as others in the state of Nevada) undergo some form of therapy, be it expensive psychiatry or heavy drinking or primal screaming. I feel for the judge who imposes such an unwarranted sentence and is not left with a scar upon their psyche.
For those America-bashers that are going to use this as another example of how fucked-up the United States of America is (and have attempted already), I say this:
Nevada is just one state out of fifty that comprise this nation.
The United States Constitution grants rights and powers to the individual states in matters where the values and moral compass differs from region to region due to differences in background, ethnicity and national origin.
Nevada was originally settled by Mormons, which are a somewhat extreme sect of Christianity. Some believe the Mormon church to be a cult. It is widely known that the church was founded by a person with a criminal background and that the church as a whole engages in some suspect practices.
That said, Mormons chose to impose their morality upon others within the states they helped found, specifically Utah and Nevada, but also other states to a lesser extent.
The moral standards of Mormons are not considered by sensible-thinking people as reasonable. However, it is also the basis for the laws of the state of Nevada, like it or not. The law and its associated sentences has been challenged for constitutionality and the challenge has failed. I suspect the failure of previous challenges is running up against the same old Mormon guard that still pervades the state legislature, but I have no evidence of this.
Regardless, the draconian punishment that is set in law in the state of Nevada is one glaring (and pretty fucked-up) example of how one group's morality is imposed on those around them through legislative process.
Good or bad, it is how our system of government works.
Welcome to the Republic.
Yes, I wholly get the irony of Mormons imposing a life sentence for this sort of sexual misconduct while they turn a blind eye to polygamy and incestual relations.
However, that is not the subject of this debate, however poignant that irony may be.
NordlichReitersays...Not even worth it. Trolls will troll.
lucky760says...But think about the suffering of that poor 13-year-old boy... His palms are probably going to be swollen and red for the rest of his life from all the high fives.
In all seriousness, I wonder... If it was an old man who forced a young girl to touch his stuff and attempted to get some intercourse off of her, would people still be so offended by the sentence?
Did she really get the sentence for refusing to be listed as a sex offender? If so, it sounds like she chose the rock rather than the hard place.
gwiz665says...Guys! This is serious stuff! We need to track down this kid... and give him the "luckiest boy in america" medal.
Barsepssays...*dead
siftbotsays...This video has been declared non-functional; embed code must be fixed within 2 days or it will be sent to the dead pool - declared dead by Barseps.
Discuss...
Enable JavaScript to submit a comment.