01-31-2018, 12:38 PM
No comment on the memorial.
One question on the recall: did Persky's sentence follow recommendation of whatever (court-affiliated?) agency/commission makes such sentencing recommendations?Â
That may not matter to some/most, but I think it is a mitigating consideration.Â
More generally, I think folks should try and be consistent on whether or not they support enforcement of such "guidelines" or prefer to give the judge wide discretion to sentence on a case-by-case basis. If you favor the latter (which I do), then it's incumbent on you to at least try and recognize that with that approach, you'll get bad sentencing decisions.Â
Of course, if you favor discretion, then it's also arguably consistent that recall is more appropriate for decisions beyond the pale (if you favor following sentencing guidelines and a judge does that, then you really shouldn't be able to base a recall on such decisions . . . at least from an intellectually consistent vantage point).
Recalls, like proposition ballots, are not a very good way to make policy. But alas, that's the world we live in . . . at least in California.
There, do you think I sufficiently violated the "no political discussions" prohibition on this board? What the heck. Call it a tribute to Garvin.
One question on the recall: did Persky's sentence follow recommendation of whatever (court-affiliated?) agency/commission makes such sentencing recommendations?Â
That may not matter to some/most, but I think it is a mitigating consideration.Â
More generally, I think folks should try and be consistent on whether or not they support enforcement of such "guidelines" or prefer to give the judge wide discretion to sentence on a case-by-case basis. If you favor the latter (which I do), then it's incumbent on you to at least try and recognize that with that approach, you'll get bad sentencing decisions.Â
Of course, if you favor discretion, then it's also arguably consistent that recall is more appropriate for decisions beyond the pale (if you favor following sentencing guidelines and a judge does that, then you really shouldn't be able to base a recall on such decisions . . . at least from an intellectually consistent vantage point).
Recalls, like proposition ballots, are not a very good way to make policy. But alas, that's the world we live in . . . at least in California.
There, do you think I sufficiently violated the "no political discussions" prohibition on this board? What the heck. Call it a tribute to Garvin.
