Rosen called his decision to remove the judge from the case “a rare and carefully considered measure for our office.” [92] The purpose of the recall was to hold Justice Persky accountable and was directed against what voters found to be an unacceptable margin of appreciation in cases of violence against women.63×63. Astor, above Note 2 (quotes Dauber as saying, “We voted in favor of sexual violence. must be taken seriously by our elected representatives and the judiciary”). His sentences were inappropriate, not because of leniency as measured by the length or absence of a prison sentence, but because they did not adequately meet California`s sentencing objectives,64×64. See The Rules of the Court 4.410. were not victim-centred and did not hold the accused accountable through a potentially restorative approach.65×65. Donna Coker, Crime Logic, Campus Sexual Assault, and Restorative Justice, 49 Tex. Tech L. Rev. 147, 187–99 (2016). The positions of criminal justice reformers and sexual assault advocates are not mutually exclusive; “Taking sexual violence seriously does not necessarily mean support for increased incarceration or counterproductive punishments for sex offenders.” 66×66 Phillips & Chagnon, op.
cit. Cit. Note 37, p. 15. Doe wanted Turner to know that he had caused her pain, taken responsibility, and received help, 67×67. Probation Officer`s Report, see note 17, 5-6. but a lengthy court battle and the resulting defamation of Emily Doe by Turner`s legal team showed her inability to detect wrongdoing, making the final verdict terribly inappropriate.68×68. See Baker, note 33 above (detailing Do`s experience in court).
In an interview on May 18, 2018, Persky said he had no regrets and would decide exactly the same in this case. [100] While the decision was widely considered inappropriate, the proponents disagreed on whether Persky J.`s jurisprudence reflected a tendency towards bias and the collateral effects that the recall and the new mandatory minimum requirements might have. Law professors across California signed a letter opposing the recall because they saw it as a threat to the independence of the judiciary and believed that recalls should only be used in cases where “judges are corrupt or incompetent or show bias that leads to systematic injustice.” 43×43 Statement by Law Professors for the Independence of the Judiciary and Against the Dismissal of Judge Aaron Persky from the Superior Court of Santa Clara County (August 17, 2017) [hereinafter the “Law Professors` Statement”], www.paloaltoonline.com/news/reports/1503112952.pdf [perma.cc/N3K8-QPGT]. The independence of the judiciary for elected judges is a fiction. See Jeannie Suk Gersen, The Unintended Consequences of the Stanford Rape-Case Recall, New Yorker (June 17, 2016), www.newyorker.com/news/news-desk/the-unintended-consequences-of-the-stanford-rape-case-recall [perma.cc/U5SF-JTVS]. Even if appointed, judges are expected to “respect the will of the people instead of resisting it” and adhere to the “appropriate limits of their authority.” Ronald Dworkin, Freedom`s Law 5 (1996). In addition, only nineteen states and Washington, D.C., allow the recall of state officials; “Only eight judges allow judges to do so.” Eli Hager, How Easy Would It Be Recall the Judge in the Brock Turner Case?, Marshall Project (June 7, 2016, 6:16 p.m.), www.themarshallproject.org/2016/06/07/how-easy-would-it-be-to-recall-the-judge-in-the-brock-turner-case [perma.cc/Q4UH-B3GJ]. While judicial recall is a reality, it is not clear whether it poses a greater threat to the independence of the judiciary than general elections. They predicted that the dismissal measures would lead judges to toughen sentences, especially against the poor and people of color.44×44. Statement by law professors, see note 43. The district attorney disagreed with the decision and rejection, insisted that Judge Persky erred, and supported the mandatory minimum amounts.45×45. Evan McMorris-Santoro, Inside the $1 Million Campaign to Recall Judge Who Sentenced Brock Turner, Vice News (June 6, 2018), news.vice.com/en_us/article/kzknne/judge-faces-recall-for-giving-brock-turner-light-sentence-in-stanford-rape-case [perma.cc/B5D8-QVXN].
Meanwhile, supporters of the recall saw her as a voice against the normalization of rape culture.46×46. Read, note above 4. Professor Anita Hill and Senator Kirsten Gillibrand were prominent supporters of the recall. Astor, loc. cit. Note 2. Activists did not advocate mandatory minimum sentences or lifetime criminalization for all defendants in sexual assault cases.47×47. See Tracey Kaplan, Brock Turner: A Sex Offender for Life, He Faces Strict Rules, Mercury News (Sept.
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