This is why judges need the flexibility to sentence according to specific cases. Some sex crimes are horrific involving force and abuse, some are merely wrong but not so heinous. Others may not be much of a crime at all, such as an 18-year-old (technically an adult) having consensual sex with his 17-year old girlfriend (technically a minor) and such people do not deserve to go through life labeled as a sex offender. Mandatory sentencing handcuffs judges from making these important distinctions.
I see a suspended sentence for these two if they have no other criminal records. But they will have to register as sex offenders for the rest of their lives. Pretty stupid on several levels. One, they know it is illegal and with devastating consequences. Two, there are plenty of willing young men over 18 out there. Three, it is a very rare teenager that can keep a secret. The bigger the secret, the quicker they spill it to someone.
That's where the lawyering will come in for these defendants. Depending on what they're ultimately charged with the risk of any jail time will be very low. Putting them in a position where they don't have to register, however, will take some creative defense work.
True enough. Although I saw this morning that all three judges in the district have recused themselves from hearing the case (as they well should have). With all of the attention this has gotten -- both locally and nationally -- I'd expect the Supreme Court to tread very carefully when appointing an ad hoc. My best guess is that it'll be a retired judge -- maybe even from the appellate bench -- from far western Louisianan or north Louisiana who has a very conservative reputation who is a stickler for procedure. Damned shame Chamberlain Haller isn't with us anymore. (And big ole bonus points if you get that joke.) With that said, I think lots of people have a misconception of the role of the judge especially in a criminal case. There is damned little a judge can do to force the state to dismiss a case. Yes, judges can find there was no probable cause to have a defendant arrested, but that only removes any bond the defendant may be under it doesn't terminate the case. Yes, a judge can grant a motion to suppress evidence that can be damned near fatal to the prosecution but they can still go forward without the suppressed evidence. I don't see either of those being a real issue here from what's been released through the press, unless the cops got a video (apparently there is one) from one of the defendants' cell phones without either permission to search the phone or a warrant. If it comes down to a plea bargain, the judge has the final say in sentencing but many judges either tacitly or explicitly seek the blessing of the prosecution before sentencing. Or maybe I'm too trusting of the system.
On the surface, that may look upstanding but do you really think that means he's washed his hands of it? Quite the opposite. Now he can be balls to the wall. Cides, what father would want to hear that come out in court, their courtroom, about their daughter? He can help her more with his connections. Evan at face value, judges have a lot of authority- as I assume you're aware. In addition, judges are bought *cough* elected just like chiefs of police, senators, representatives, mayors, and school board members. They're not in a political vacuum. Just like DA's do favors for one another, so do judges. I know this for a fact as I was a beneficiary of a father's friend from law school being a judge. He helped me when I was arrested 30 years ago for being in a truck in which the passenger jumped out to try and pull a sign off of a post. Just our luck, it happened to be right in the middle of a stakeout for something else. It was late and we'd just left an awesome jungle juice party. This is a bigger issue, I know, but don't think friends won't help friends. Not to mention bribes (yes they do happen). Judges also tamper with records, allow/disallow evidence, etc. Lots of room to help. Now a retired judge?!?! Wow. That's a great idea. Much lower percentage of getting caught. One time, not under constant public scrutiny as one seated, so many other things that play into this.
I've thought I might do the same thing but come on, sooner or later you're going to brag about it to your buddies who won't believe you anyway
Homeland security swarmed in and arrested a guy contracted at my work. He was charged with 100 counts of pedophilia. 50 counts were to distribute. and one count of possession of weed. they said 30 yrs per count. Plus the month for the weed. 3000 yrs and 1 month i suppose.
there is no way a teen keeps his mouth shut about anything. adults cant do it no matter what they tell you much less their babbling kids.