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this post was submitted on 07 Sep 2023
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Just for curiosity's sake, what did he do to deserve 25 1/2 years before he can be eligible for parole that convicted rapist Brock Allen Turner didn't do when he raped an unconscious woman behind a dumpster? They were both convicted in California. Why did Turner, who has been going by Allen Turner and was last seen in the Dayton, OH area, do differently such that his custodial sentence was for 6 months, roughly 2% of the custodial time that Masterson will serve?
Let me be clear that my issue here isn't that Masterson was penalized too much. He took two women's lives and he should spend the rest of his in prison for it. It's just that I see two rapists, one was righteously destroyed by the justice system and the other whose court proceedings essentially made it seem like no one wanted to punish him at all but they very reluctantly felt like they had to.
If we look at it from a pragmatic point of view, the answer is time I believe, the Brock turner case was quite a few years ago, when the laws and public opinion were still in quite a mysogynistic place, the Danny Masterson case was settled today and I believe opened after the metoo movements, where public opinion was shifting more favourably towards the victims. Its wild to see this amount of progress this quickly but I think were starting to see a change for the better overall, same as to how we saw better changes to views of homophobia in the early 2000's from the 90's, where it was "fashionable" to call everything gay in a derogatory way. Also if I recall, brocks dad was involved heavily in the trial if that counts for anything
I think it was the fear that got put into other judges by the recall of the judge that oversaw the Turner debacle. He was removed from the bench by outraged voters, as is right and good.
I have no idea about this case, but there's a big difference between restorative (which is tentatively being trialed in many places) and a more traditional retributive justice system.
The first seeks the victims input and attempts to compensate the community effected. Retributive justice uses a more nebusous sense of what's right/deserved and what's wrong/unjust.
Pros and cons to both approaches. It's still debatable which one is better at rehabilitation. But our current system doesn't seem to place a high priority on that anyways.
This isn't a case where a different theory of justice was being experimented with. In this case, the rich white man going to the prestigious, expensive ivy league school was given 6 months for raping an unconscious woman behind a dumpster because, among other reasons, a stiffer sentence would have negatively impacted his career as a competitive swimmer. The judge who sentenced Turner to only 6 months for raping an unconscious woman behind a dumpster had also presided over a case where an underage girl was gang-raped, also while unconscious. He allowed to be entered into evidence photos of her at a party a year after she was raped as evidence that she did not suffer from PTSD after being gang raped by a baseball team. It's hard to imagine anything other than that this judge was a proponent of rape and did his best to protect rapists from any sort of punishment at all, but when absolutely forced to render some sort of sentence he punished rapists as little as possible.