From one of the many, many articles and op/eds written about this case: “A Delaware man convicted of raping his three-year-old daughter only faced probation after a state Superior Court judge ruled he ‘will not fare well’ in prison.”
Those words, “will not fare well” in prison may go down as among the most, if not the most, infamous words ever attributed to a judge. What was the judge thinking, critics ask, and the cynical and even not-so-cynical find ready answers: he was rich, one of the DuPont family heirs; naturally he could afford the best of the best in legal representation; he was initially charged with two counts of second degree child rape, which carry mandatory minimum sentences of ten years each. He was allowed to plead down to a charge that requires no mandatory minimum and enabled the judge to pronounce the sentence of probation with required participation in a sex offender rehabilitation program. Full Article
WTF is this? Isn’t it humanly impossible to “rape” a 3 year old girl without killing her?!?!
Although the “right” approach is often reserved for the rich and famous who commit crimes, I believe this author makes a good point: extreme prison sentences are sometimes not the rational choice.