Sentencing Law

First, I just want you all to know that I hate you guys for making me follow this story. Seriously, I even wrote wrote a song about it.

Anyway, Casey Anthony has been sentenced for lying to the cops. She’s getting four years. BUT, she’s getting credit for her time already served. That means she could be out by late July or August.

I’ll now pause for you to express your collective outrage….

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A blow-up doll: Is there anything you could do with this that would be an act of terror?

Am I the only person who remembers what it was like to be a teenager? Am I the only freaking person up in here that values a good prank? Am I the only person left on this go***mn planet who doesn’t think teenagers who commit pranks should go to jail regardless of how much somebody overreacts to the prank?

Kids these days don’t need a school nurse; they need a school lawyer. Because the minute somebody scrapes a knee is the minute a parent, teacher, or official starts looking for somebody to blame and prosecute to the fullest extent of the law. Kids should be freaking Mirandized before they answer any questions posed by school officials.

Sorry, let me bring you up to speed on this latest example of a teen acting like a teen while the adults act like children….

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Judge Philip Kirk

On Monday, Judge Philip Kirk of Wisconsin sentenced Delton D. Gorges, a 71-year-old former bus driver, to seven years in prison. Gorges was convicted on charges of sexually assaulting boys, after pleading no contest.

Judge Kirk had some odd words for the defendant at sentencing. Most notably, he told Gorges: “I think you were born gayer than a sweet-smelling jock strap.”

(I’m sorry, but is anyone else finding this transcript a little titillating? Maybe even Judge Kirk?)

Judge Kirk — today’s Judge of the Day, naturally — also expressed skepticism toward Gorges’s claim of heterosexuality: “I think that if anyone believes that in the last 10 years or 15 years all of a sudden you developed an interest in homosexuality and young boys, then I must have looked ravishing in my prom dress this year.”

(Well, Your Honor, you do wear a little black dress — well before the start of cocktail hour.)

Okay. Can we get some context up in here?

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Molly Wei, the pretty ex-Rutgers student who was charged with two counts of invasion of privacy in the Tyler Clementi case, has reached a deal with the prosecution. Wei, 19, has been admitted to a pre-trial intervention program that could result in the charges against her being dismissed.

What does Wei have to do as part of the PTI program?

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It was quite shocking last October when word first surfaced that then-federal judge Jack Camp, at the time a senior judge for the Northern District of Georgia (Atlanta), might have indulged in cocaine, marijuana, and sex with a prostitute. The charges were hard to believe, especially given Judge Camp’s judicial office.

But, as it turned out, there was some truth to the allegations. In November, Judge Camp pleaded guilty to criminal charges stemming from his role in a scandal that involved drugs, guns, sex, and a stripper named Sherry Ann Ramos.

Now new information has come to light that makes Judge Jack Camp’s behavior perhaps more understandable, even if still illegal….

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Judge Gary Sharpe

Do you think there is a child porn “gene”? It’s an interesting scientific question (although I don’t really care, because I don’t believe in genetic determinism). I’m sure that one day science will give us some kind of answer.

But it is not this day. At this point we don’t know if there are any genetic predispositions that explain why sick-ass people are sexually excited by naked children.

This limit in our scientific understanding did not stop U.S. District Judge Gary Sharpe from sentencing an offender based on his belief about what science will one day uncover.

Well, the power of judges may be inscrutable, but it’s not absolute. They can’t make entire sequences of DNA show up on demand. They can’t see into the future. And apparently they can’t keep their sentences from being overturned on appeal when they base their decisions on science that does not exist…

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Say Cheese!

This year Sidley Austin gave out very good, but not ridiculously good, associate bonuses. Alas, Brian Schroeder was not there to enjoy them.

As you may recall, Schroeder is the 27-year-old Harvard Law School graduate who set fire to a memorial housing the remains of unidentified 9/11 victims, on Halloween 2009. Schroeder then did the right thing and turned himself in to the authorities. Shortly thereafter, Sidley — where Schroeder was headed, after a deferral to do public interest work — rescinded his job offer.

Yesterday afternoon, Schroeder pleaded guilty to criminal charges in connection with the fire he set (more specifically, charges of burglary, criminal mischief and cemetery desecration). He accepted full responsibility for his actions and apologized for them.

What led the handsome Harvard grad — described by ATL sources as “a good guy” and “really smart,” albeit “a little strange” — to set the blaze? One word: alcohol. Schroeder testified that he couldn’t even remember setting the fire, but admitted to a hard-partying Halloween: “I drank many alcoholic beverages.”

So what kind of sentence is Brian Schroeder getting? One that isn’t pleasing prosecutors….

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When we last discussed Kumari Fulbright, the Arizona beauty queen and law student turned felon, we mentioned that she was going to be sentenced in early 2011 for her role in the kidnapping and torture of her ex-boyfriend. Well, it looks like Christmas came early for Kumari — her sentencing hearing took place yesterday.

Fulbright was sentenced to two years in prison and six years of probation. She also has to pay $15,000 in restitution. The sentence itself wasn’t a surprise, since it was consistent with the plea agreement we previously mentioned.

Far more shocking was the truly hideous hairstyle that Kumari sported at sentencing….

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From partner to pedophile. From Super Lawyer to Super Creep. It’s time for an update on the story of Aaron Biber, the high-profile Minneapolis lawyer who was going to be the next president of the Minnesota State Bar Association but is now going to be a prison inmate. For a very long time.

Aaron Biber first appeared on our radar screen in December 2009, when we named him a Lawyer of the Day. At the time, Biber — a partner at the prominent Minnesota firm of Gray Plant Mooty, and co-chair of its antitrust practice — was charged with molesting a 15-year-old boy.

The charges were true, and Biber pleaded guilty to first-degree criminal sexual conduct back in July. Last week, Biber was sentenced.

What kind of sentence did he get? And what additional disturbing details have emerged about his heinous crime?

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child learns adult games.jpgFew are going to stand up in support of kiddie porn, even when it’s art. Last year, the Tate Modern proposed displaying a nude portrait of Brooke Shields at age 10. It caved on those plans after objections from the “obscene publications unit” of the London Metropolitan Police, according to Caveat Viator.

Caveat Viator offers a link to the portrait, but we’d advise against checking it out. (Go watch The Blue Lagoon instead.) Cyberlaw professor Eric Goldman calls child porn “toxic,” noting that “there is no easy way to legally cure even a single download of child porn.”

Even if it’s part of your “academic research.” A New York professor considering writing a book on how to define child porn is now serving a prison sentence because of images he downloaded in the course of his research, and images left in his cached folder from Web-browsing kiddie porn sites.

Sentences range. That professor got a one-to-three year sentence, while an Alabama man with an underage porno video discovered on his computer by the Geek Squad got 10 years, as we mentioned last week. That’s for hitting download and play, not for firing up a camera and hitting record. Is that a fair sentence, or are the penalties for kiddie porn possession too exxxtreme?

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