T.R | Title | User | Personal Name | Date | Lines |
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767.1 | what would 'dead' solve? | SELL3::JOHNSTON | weaving my dreams | Wed Aug 30 1989 09:34 | 16 |
| No excuses made and no quarter given in this instance, but addicts are
known to go to extreme lengths to feed their habits [_anything_
addicts, not just cocaine]
I tend to think the judge was a bit lenient given that the charges
might well have included drug trafficking, white slavery involving a
minor, rape ... the list could be endless.
My inherent bias as one who has been raped forces me to point out that
killing the perpetrators does not un-rape the child. My gut cries out
for retribution, but my conscience does not allow me to condone it.
Rather than focus on the perpetrators [thinking 'insects'...] why not
focus on what is being done for the child.
Ann
|
767.2 | Prediction: profits will be made | STAR::BECK | The question is - 2B or D4? | Wed Aug 30 1989 10:08 | 6 |
| re .1 - According to the story that I saw, the child is now in the
custody of her father and his current wife. When the verdict was handed
down, the mother sneaked a glance at the daughter. The daughter would
not look at the mother.
Wait two years. Somebody will make a made-for-TV movie.
|
767.3 | | WAHOO::LEVESQUE | Black as night, Faster than a shadow... | Wed Aug 30 1989 10:15 | 6 |
| Pretty sick, if you ask me.
According to news reports, mom got life, the rapist got 40-60 years. Is this
a case of gender discrimination, or did they each get appropriate sentences?
The Doctah
|
767.4 | strange | APEHUB::STHILAIRE | with mixed emotions | Wed Aug 30 1989 10:33 | 19 |
| I didn't read about this in the paper. How did it come about that
she traded letting somebody rape her daughter for cocaine? Did
she say to the drug dealer, Here, I'll let you rape my daughter
if you give me some cocaine? It seems weird.
I think the drug dealer is just as guilty as the mother. He *could*
have told the mother that he didn't want to rape a 13 yr. old, that
he would prefer cash instead. He could also get a job instead of
selling drugs for a living. If anything he's probably more guilty
than the mother. The mother may be addicted to the point that she's
so desperate she's lost her mind and isn't capable of caring about
her daughter. (Obviously the case.)
I don't think either one deserves the death penalty. (Exactly how
brutal the rape was would determine what I thought the penalty should
be.)
Lorna
|
767.5 | | SCARY::M_DAVIS | Dictated, but not read. | Wed Aug 30 1989 10:35 | 6 |
| Because of a mother's special responsibility toward her daughter, I
believe that she becomes the perpetrator and the rapist the accomplice
in this situation. Dunno.
Hooray for the judge,
Marge
|
767.6 | no mercy, no quarter | MPGS::HAMBURGER | Take Back America | Wed Aug 30 1989 10:51 | 6 |
| Sorry if this sounds insensitive
DEATH penalty for both is the only verdict I would want to see.
As the father I would probably do it myself if the courts didn't.
Amos
|
767.7 | Not exactly Ozzie and Harriet | STAR::BECK | The question is - 2B or D4? | Wed Aug 30 1989 10:55 | 7 |
| re .4 - circumstances
Again according to the story I saw (CNN), the mother wanted to buy
drugs (I think it was crack), but didn't have the cash. She waked her
daughter in the middle of the night, took her to the crack dealer's
apartment, and left them alone for a couple of hours, in exchange for
getting the drugs she wanted.
|
767.8 | | EGYPT::CRITZ | Greg Lemond wins 2nd Tour de France | Wed Aug 30 1989 12:28 | 8 |
| On CNN, judge said that woman would be incarcerated "for
the remainder of your natural life." They mentioned that
he modified this to life in prison, which means she will
be eligible for parole.
After the man was sentenced to 40-60 years, he passed out.
Scott
|
767.9 | | ULTRA::ZURKO | The quality of mercy is not strained | Wed Aug 30 1989 12:45 | 3 |
| Which is worse; life or 40-60 years? Like, when's the first hearing, does it
influence what type of prison you get sent to, stuff like that.
Mez
|
767.10 | 2 Scum Bags | BOARDS::MONDALTO | | Wed Aug 30 1989 13:09 | 14 |
|
>767.8<
If he passed out in court,what do you think will happen when he
gets to prison.From what I hear,the one thing that they hate in
prison is a child Rapist and a child molester,this guy will be
in a living hell,which I think is terrific,as far as the mother,
she has to live with it for the rest of her life.
JM
|
767.11 | children raising children and the results are... | WMOIS::B_REINKE | If you are a dreamer, come in.. | Wed Aug 30 1989 13:23 | 4 |
| Did anyone notice the age of the mother? She is 29, that means that
she was only 14 or so when she gave birth to her daughter.
Bonnie
|
767.12 | Not good enough to me... | DASXPS::SLADE | | Wed Aug 30 1989 13:26 | 29 |
|
When I hear things like this happening my stomach starts turning
and anger sets in. I beleave (my own feelings) that when someone
like the Dear mother in this case has chosen what is more important
to her and thats her "addiction" to cocaine. I sincerly beleave
when a person chooses to be weak that is "their" responsiblity
for what ever happens after that, I'm so tired of so much scum
getting off on "temporary insanity" and out they are to ruin
more peoples lives... I beleave that if these people where
punished and yes I mean the "death penalty" then maybe the scum
that is wondering around the streets would think twice. I have
heard alot of people say what good happens from killing the criminal
to the victim, The victim- nothing, they are the ones that have
to life the rest of there life fighting within-side to go on,
but maybe just maybe some of these criminals might think twice
if they new that they would NOT get off if they did such a crime.
You can say yes this poor victim hopefully will go in life and live
happily ever after but beleave me it takes years to over come
and some never do... But at least if our criminal justice
sysytem made things a little bit more harsher these criminals
would take another look before acting.
Sorry for the rambling but...
Zina
|
767.13 | | ACESMK::CHELSEA | Mostly harmless. | Wed Aug 30 1989 14:54 | 4 |
| In regard to the fairness of the sentence, I would probably put a
higher penalty on the one who proposed the idea. I'm not sure how much
higher I would make it, though, since you don't have to say "yes" to
everything proposed to you.
|
767.14 | | APEHUB::STHILAIRE | with mixed emotions | Wed Aug 30 1989 14:56 | 21 |
| Re .12, how do you know the mother isn't another victim who was
unable to overcome her rotten childhood? If she had a baby at 14,
how old was she when she had sex for the first time, and who was
it with? Does anyone really ever "choose" to be weak? Or are people
"weak" because they needed help and never got it?
I think there is a difference between allowing someone to get hurt
because of a problem or weakness that you have (in this case the
drug addicted mother allowing her daughter to be raped), and
deliberately murdering someone because you want to steal money from
them, or because you have decided you hate them. I don't think
the death penalty is warranted in the first case. There also is
a difference between what this woman did and what a serial killer
does. A serial killer is apt to hurt anybody so it's not safe to
have them walking the streets. But, basically, this woman has shown
only that she can't be trusted as a parent. Her daughter should
not remain in her custody and the mother needs help for her problems,
but not the death penalty.
Lorna
|
767.15 | | HANDY::MALLETT | Barking Spider Industries | Wed Aug 30 1989 15:14 | 15 |
| re: .14 (Lorna)
� Re .12, how do you know the mother isn't another victim who was
� unable to overcome her rotten childhood?
The problem here is one that has, I think, been central to a number
of the discussions going on. Because we can use that same model
for *any* criminal or anti-social behavior. We could ask, "How
do we know the <criminal> isn't another victim who was unable
to overcome a rotten childhood?" It's well established that a
majority of convicted criminals come from dysfunctional situations.
Perhaps the childhood of that serial killer was unimaginably brutal
and that individual never got desparately needed help.
Steve
|
767.16 | | WAHOO::LEVESQUE | Black as night, Faster than a shadow... | Wed Aug 30 1989 15:33 | 26 |
| I think that it would be possible to say "how do you know?" for any
crime. Alot of people have screamed about Milken's amassing $550
million in a single year- how do you know it wasn't because of his
childhood?
The problem with the "how do you know...?" question is that it could
be used (in extreme) to absolve all criminals of all responsibility.
Well, this guy got beat up by his father, so that's we he killed his
kid. And this guy had a mean mother, that's why he is now a slasher of
women.
There still exists freedom of choice. When someone makes choices that
society views as unacceptable, they must pay society's penalty.
Let's say that we started a note about the most horrible crimes we
ever heard of. We all debated and came up with some real horror stories.
Then I go out and outdo the worst one. Who's going to ask about my
childhood then? Who's going to say "maybe he was just sick?" Who is
going to say that I should be out in x years?
I think that society as a whole would be far better off if everybody
were held accountable for their actions. Instead of having to penalize
society as a whole to protect them from criminals, we could simply
punish the criminals and allow non-criminals more freedom.
The Doctah
|
767.17 | | MSDOA::MCMULLIN | | Wed Aug 30 1989 16:12 | 10 |
| What I don't understand is if the drug dealer wanted sex for the
cocaine, why didn't the women who wanted the cocaine have sex with
him? I can't imagine that sex (rape) with a 13 year old child could
be THAT MUCH better than sex with a 29 year old cocaine addict.
Sex is too easy to get to have to rape anyone!! Flame me if you
want to, but I would just about guarantee that anyone that set off
one night in search of someone to go to bed with could find someone
before the night was over and possibly without much effort. These
are just the cold, hard facts of life and sex. I just get so mad
when I hear stuff like this, I could just scream!!!!!
|
767.18 | well.... | APEHUB::STHILAIRE | with mixed emotions | Wed Aug 30 1989 16:14 | 19 |
| Re .15, .16, the way I see it, it depends on the degree of the crime
whether the bad childhood argument can be used. If a drug addict
allows her daughter to be raped so she can get drugs, I find it
disgusting and horrible, and I feel sorry for the daughter, but
I am also able to feel some sympathy for the mother, who, herself,
has had a rough life. I think they both need help. I don't think
the mother should be sentenced to death. On the other hand, if
a person (male or female) goes out and brutally kills 14 women,
who are random strangers, and buries them beside the highway, then
by this time I think the person has committed crimes so bad that
his/or her bad childhood is no longer an excuse. I think it's a
matter of degree in regard to the crimes committed. Some people
have said that the mother and the drug dealer should both be executed.
I think it is extreme to suggest the death penalty for crimes other
than murder. What happened sounds horrible, but they didn't murder
the girl.
Lorna
|
767.19 | somthing different | COCOLA::RUTLEDGE | | Wed Aug 30 1989 16:15 | 4 |
| Make the mother serve the first year of her sentence in a
male prison With men who have been locked a long time.
She might know some of the feelings her daughter had.
|
767.20 | | ASABET::STRIFE | | Wed Aug 30 1989 16:22 | 7 |
| re .17 -
Which gets us back to rape not really being about sex but about
power nad violence.
As to the choice of a 16 year old vs a 29 year old - there are men
who prefer sex with children, this guy may be one of them.
|
767.21 | i don't know... | APEHUB::STHILAIRE | with mixed emotions | Wed Aug 30 1989 16:25 | 15 |
| re .17, maybe the mother is rather worn out and dragged out looking
by this time, with the life she may have led? Maybe the drug dealer
is into young girls? Maybe the daughter looks a lot better than
the mother?
Re .19, people have such vengeful ideas it scares me. I can understand
locking someone up or even the death penalty in some cases, but
I just can't get into enjoying the idea of somebody being tortured.
I think it's a little sick. It isn't just .19, it's things I've
heard friends and others say lately. People thinking up various
sick revenges they've thought up for people, etc. My mind just doesn't work
that way, and I'm glad.
Lorna
|
767.22 | Will Women Treat Her Any Better? | JAIMES::GODIN | This is the only world we have | Wed Aug 30 1989 16:36 | 11 |
| re. -.19:
Can't speak from experience, but from the lore on the street the
mother isn't going to be a heck of a lot better off in a woman's
prison.
And I can imagine, given the feelings this topic has generated among
"civilized and socialized" women, just how the women inmates will
receive the new-comer.
Karen
|
767.23 | Why take a chance of it happening AGIAN... | DASXPS::SLADE | | Wed Aug 30 1989 17:09 | 27 |
|
OK re 18,21
Lets let these people who had a terrible childhood and then
decide not to help them selfs "because NO ONE can make a person
heal inside if that person will not allow it to happen" and
let them get away with ruining a persons life for while and
and then a few more times and then decide its "OK" to punish
them more harshly... Please are you willing to let these
"Poor" people hurt you instead of the next person because
you beleave they should be sent away for a "little" awhile and
then let out agian? I'm sorry about getting so upset but there
are so many criminals using this excuse and then they go out
and hurt more people because they where hurt when they where
younger!!! In my mind thats no excuse to hurt the next person...
I won't get into what happened to me as a child because that
is personal but because of what happened to me do I have the right
to go your house and do the same thing to you and then get a slap
on the hand and shame, shame on you?? Of course not!!!! Instead
I "decided" to heal because that power is within everyone but
only if they want it to be, other wise they choose the easy
way out...
Zina
|
767.24 | | APEHUB::STHILAIRE | with mixed emotions | Wed Aug 30 1989 17:18 | 6 |
| re .23, I just don't understand how you can be so certain that this
"power to heal" is within everyone. I don't understand how you
can know for certain what is within anybody besides yourself.
Lorna
|
767.25 | | DASXPS::SLADE | | Wed Aug 30 1989 17:43 | 11 |
| re .24
obviously all of us aren't capable to draw from what is inside oneself
but this shouldn't be used as an excuse. Our society has set guide
lines to live within and some people aren't equiped to do this, so
we should be removing them from our society in one form or another
so that the rest of us that can cope with ourselves can live without
the threat of some repeat offender victimizing another life. Lets
end the chain somewhere... it is only as strong as its weakest link.
Zina
|
767.26 | individual responsibility & punishment | GNUVAX::QUIRIY | Christine | Wed Aug 30 1989 21:04 | 52 |
|
Re: .23 & .25 and being ultimately responsible for one's self
Yes, it's true that many children have horrible, terrifying
childhoods, and that they very often grown up to do horrible,
terrifying things to themselves and others. And it is true that
we can only save ourselves. Personally, I think it's possible
for a person to be abused beyond salvation; I don't know if I
believe that the human spirit is indomitable. And even if the
spirit IS indomitable, it may not help the person in a
concentration camp.
I think it's possible (though not probable) to take into account
the hard knocks that have made a hardened man or woman without
excusing whatever horrible things it is that they have done. I
wish it were possible to remove damaged people from a situation
(e.g., the situation of being a free person) where they can do
others harm and, once removed, put in a place where they might be
given the opportunity to heal themselves and then, if they are
successful to any appreciable degree, to be given the opportunity
to make amends to those that they have hurt, or their survivors,
or given the opportunity to be of benefit to society, while still
being removed from it. Some people might be able to rehabilitate
themselves. And if they didn't change, then they could just stay
there, removed from others.
(I don't mean that prisoners should have "luxuries", but I think
they should have decent food (nourishing to the body); adequate
opportunity for physical activity, whether that be a job or
exercise, or both; adequate medical care; opportunity to learn
(availability of books and teaching to the high school level,
perhaps beyond); adequate shelter (adequately heated, ventilated,
dry, in repair, with quarters of the minimum size required by a
human being to stay sane); some means of contact with the outside
world (radios and newspapers); safety (from cruel guards, from
themselves, from other prisoners, from disease, from drugs). It
would be good if prisons had a scheme whereby the prisoners' labor
supported or allayed the cost of the prison's operation.)
Prisons don't afford this. I'm no authority, but what I've heard
about prisons leads me to believe that they are staffed by cruel
guards, run by corrupt officials, and overcrowded beyond belief;
they are dangerous places full of drugs, disease, life-threatening
violence, and unspeakable cruelty. I think that only a small
percentage of extraordinary individuals can ever "get better" in
them.
I don't think it's necessary to be vengeful to punish. And I
don't think that being treated with respect as a human being, in
such small ways as I mentioned above, negates punishment.
CQ
|
767.27 | | WILKIE::KEITH | Real men double clutch | Thu Aug 31 1989 08:11 | 19 |
| One problem with rehabilitation:
I was watching some talk show about a year or two ago and they had
on some psychiatrist who decides when prisoners are 'healed and
well enough to function in society'. Just previously to this show,
there had been some heinous (sp) crime involving someone who was
'healed' being let out.
Anyways, this guy states when asked how come this happened, answers;
'In about one out of 10 times we are wrong'. He said it in all
seriousness and with a straight face. I thought to myself, you
asshole (pardon my french) would you go to the airport and get on
a plane if one in 10 of them was going to have a major malfunction
and crash? After all, flying is an imperfect science!
In this case, the child got LIFE with a brutal mental memory. The
mother is only getting 10-20 years before parole.
Steve
|
767.28 | even worse | HANDVA::STEPHENWONG | Stephen but not the King | Thu Aug 31 1989 10:05 | 6 |
| r.18
In my opinion, that mother is even worse than killing her daughter.
Therefore, death sentence is not too much for her.
Stephen.
|
767.29 | Try changing perspective | SMVDV1::AWASKOM | | Thu Aug 31 1989 10:08 | 20 |
| Perhaps we, as a society, need to turn the question around in order
to develop answers to the question of what to do about those who
grow up under horrible circumstances and then commit horrible acts.
Instead of concentrating on those who commit crime, we should ask
how those who grow up in these circumstances and *don't* commit
crimes are different. What is it in their belief structure or
environment which makes going to school better than taking drugs?
Which makes a legitimate job better than dealing? Which makes
standing alone better than joining a gang? Which encourages
responsibility for oneself over searching for love in sex at too
young an age? There are those who manage to survive and become
contributing members of society in even the bleakest circumstances.
What makes them different? How can we encourage others to follow
the contributing rather than the destructive road?
And punishment for taking the destructive road is probably part
of the answer.
Alison
|
767.30 | positive reinforcement | CADSYS::PSMITH | foop-shootin', flip city! | Thu Aug 31 1989 10:48 | 23 |
| re .29
I think you are absolutely right. We tend to focus so much on what to
do when things go wrong that we forget to look at how to make sure
things go right to begin with.
From behavioral psychology we know that consistently, in learning new
things:
o Positive reinforcement (You did the right thing! I will reward
you!) is MOST effective.
o Negative reinforcement (You did the right thing! I will stop
doing some annoying thing to you!) is next most effective.
o Punishment (You did the wrong thing! I will do something bad to
you!) is LEAST effective.
It seems that society is more easily structured around punishment
rather than positive reinforcement.
Sorry this is getting off the track -- I may start a new note around
this topic.
|
767.31 | Behavioral Psych not too useful with humans | TLE::D_CARROLL | On the outside, looking in | Thu Aug 31 1989 11:11 | 52 |
| <<< Note 767.30 by CADSYS::PSMITH "foop-shootin', flip city!" >>>
-< positive reinforcement >-
> From behavioral psychology we know that consistently, in learning new
> things:
> o Positive reinforcement (You did the right thing! I will reward
> you!) is MOST effective.
> o Punishment (You did the wrong thing! I will do something bad to
> you!) is LEAST effective.
I suppose this is a nit, but as I mentioned before, I am a psych buff...
This is not at all what I have learned in the psychology I have
studied. Actually, in terms of establishing a desired behavior pattern,
"punishment" (positive or negative) is the most effective and efficient
way of setting the pattern, and also is the hardest to extinguish the effects
of that conditioning. ("punishment" means the bevavior is decreased,
"reinforcement" means the bevahior is increased. "Negative" means a stimulus
was *withdrawn*, "positive" means a stimulus was added. Therefore negative
punishment means decreasing a behavior by taking something away - like freedom.
Positive punishment is what most of us are familiar with - spankings, fines,
and the like.)
There are a lot of reasons for this - one is that "positive reinforcement"
is hard to maintain. Eventually the subject becomes "used" to the reward,
and instead of viewing it was a reward, it/he/she see's its *absence* as
a punishment - that is, positive reinforcement can easily become negative
punishment in the maintainance stage.
Also "positive punishment" produces a "fear" response, if done right. "Fear"
is *self-reinforcing* and incredibly hard to extinguish, therefore it's
great for maintaining desired behavior patterns.
Anyway, I am not saying that "punishment" should be used. I am pointing
out the flaws with using Behavioral Psychology to justify one method or the
other. The basic premise behind the development of Behavioral Psych is
that what actually goes on inside a subjects head is irrelevent, even
a meaningless concept in fact. Behavioral Psych does not take into account
such things as emotional damage done by the various conditioning techniques.
(For obvious reasons, in human subjects, this is important.)
Somethings tells me I oughta go unpack my textbooks if I am going to start
spouting psych theory...
> Sorry this is getting off the track -- I may start a new note around
> this topic.
If you do, I'll be there. Using Behavioral Psych with human subjects is
a great pet peeve of mine... :-)
D!
|
767.32 | Another possible crime | WMOIS::B_REINKE | If you are a dreamer, come in.. | Thu Aug 31 1989 11:40 | 29 |
| Moved by mod
<<< MOSAIC::$2$DJA6:[NOTES$LIBRARY]WOMANNOTES-V2.NOTE;3 >>>
-< Topics of Interest to Women >-
================================================================================
Note 774.0 Another possible crime No replies
AWARD1::HARMON 20 lines 31-AUG-1989 10:13
--------------------------------------------------------------------------------
As I've read through this note the thought keeps coming to me that
there is more than just the crime of rape for cocaine. I feel there is
the crime, or call it the possible crime, that a child's life has been
drastically changed. The possible crime that this child has lost that
unconditional trust in a parent; she no longer has the choice of when
and to whom to give up her virginity; she may live in fear of men or
may never fully trust a man or may not be able to relate to a man
because this violent act creeps into her memory at unexpected (and
inopportune) times; 5, 10 or even 30 years from now when something out
of the blue triggers the memory and she tells a friend about it and
they say that it was so many years ago you should have forgotten about
it....I don't think you ever forget about something like that. You
learn to deal with it, but forget...I don't think so. This child now
must live with the acts of her mother and the dealer. You can hang
them out to dry for eternity, but it will never give this child, or
any victim of a violent crime, their innocence again, the feeling of
trust in a parent or maybe even humankind, and peace of mind.
P.
|
767.33 | self-reinforcement with drugs | CADSYS::PSMITH | foop-shootin', flip city! | Thu Aug 31 1989 11:42 | 32 |
| re: .31
Very interesting (I'll definitely start another topic, just want to
keep this one reply near its source). I agree that behavioral psych is
flawed, and your points are well taken. Yes, punishment is stronger
than reinforcement, and reinforcement is trickier to keep up.
What I was trying to say was that reinforcement is good when you want
someone to DO something; punishment is good when you want someone NOT
to do something. It's been a while, but our assignment in college was
to teach pidgeons to peck at a triangle -- throwing stones at them for
NOT pecking would have accomplished nothing, whereas rewarding them
with birdseed for pecking taught them very quickly. The technical term
was "shaping behavior".
The problem I suppose is that in the real world, environments are not
as controlled as they were for those pidgeons. The mother was addicted
to a powerful reinforcement tool -- crack -- which she could
self-administer for doing *anything*. For instance, bringing her
daughter to an apartment to be raped. Maybe this sideline isn't so far
removed from the base note at all. Wasn't there a study done where
rats pressed a bar 10,000 times or something in return for one jolt of
cocaine, and starved to death?
Addiction is not an excuse or a justification for inhumane treatment of
any person or any animal, but the situation -- when someone addicted to
a strong mind-twisting chemical does horrible things -- is complex.
(BTW, the college I went to was strong on two fairly cold branches of
psychology (behavioral psych and psychobiology), which gives me
perspectives I wouldn't have thought of on my own.)
Pam
|
767.34 | | THEBAY::VASKAS | Mary Vaskas | Thu Aug 31 1989 13:36 | 21 |
| Hey, deja vu... Is it just me, or is there a pattern here, that someone
posts a basenote describing some human tragedy, and then there's a
"*Now* do you believe in the death penalty?" question...
I don't know if it's accurate, but it's just the impression I got --
I couldn't figure out what the point, question, or whatever of
telling these stories was otherwise.
To me, these postings just make me sadder about the world -- they
certainly also stretch my compassion, but to me I'm a better person
if I can be compassionate than if I can't. Loving is good, hating
is bad, it's very simple to me, and something to strive towards.
I don't need to know how or why it happened to know that people
should be treated with respect and compassion, or to know that
sometimes "dangerous" people need to be somehow segregated from the
general population to avoid hurting other people. Whether or not
the "criminals" are nice people or had lousy parents doesn't change
how I think *I* should be.
MKV
|
767.35 | childhood is no excues!! | SALEM::GAGNE | I love my Siberian Husky | Thu Aug 31 1989 14:40 | 21 |
|
I agree with .12, My strong feelings are that the scum who commit
awful crimes wether it be rape, murder, or selling your child for
dope should get the Death penalty, and that it should be a strongly
enforced law. I feel that if it was strongly enforced that we would
all be supprised at how few tempoary insane and mentally ill people
there really was out there, I would bet that they all would think
more than twice about commiting one of these crimes if they new
for sure they'd recieve the death penalty.
Not to sound uncarring, but i've personaly exsperienced, an alcoholic
up bringing, both parents, I was raped at 12 by a man staying with
us and i was in a reabilatation hospital for Drugs and alcohol my
self at age 15.. and I have never stolen, raped or murderd anyone,
but if i was to would it be o.k. because of my child hood?
I say BULLSH*T!!!
Dawn
|
767.36 | a factor is not an excuse | CADSYS::PSMITH | foop-shootin', flip city! | Thu Aug 31 1989 15:10 | 39 |
| I don't think *ANYONE* is saying that it's "OK" to steal, rape or
murder if you had a bad childhood or are addicted. It's never OK to do
those things.
There's three conversations going on here:
1 the mother and the dealer are scum and deserve punishment
2 we should think about the daughter and what she went through
3 how can we prevent things like this from happening?
Please don't mistake the "how can we prevent this" for a disagreement
that "the mother and the dealer are scum"!
*******************************************************************
I'm discussing the third.
The point I'm making is that we always concentrate on what to do if
the worst happened, instead of thinking of ways to change society so
that the worst doesn't happen so frequently.
One solution is: "kill 'em all!" That would do the trick, but what
would that make us? Exterminators? I'm on the fence about the death
penalty myself. My mother is violently against it; I can see both
sides of the argument. I don't know what I think.
QUESTION
If you had a lousy childhood but have turned out well, what made you
avoid a bad life? What experiences made you determined not to follow
in your parent's footsteps? What goals or things were you thinking
about when you chose the right thing to do? We sometimes take for
granted people like you. But if we can figure out what made you turn
out all right, maybe we can figure out a different way to deal with
people who are causing problems for others.
For instance, someone in my family had an alcoholic father and a
schitzophrenic mother. Yet she has grown up to be responsible: to
work and marry and be a wonderful mother to her son. What made her
different from her sister, who is not doing so well?
|
767.37 | your question, my thoughts! | SALEM::GAGNE | I love my Siberian Husky | Thu Aug 31 1989 16:25 | 20 |
|
The only answer that i have for you is knowing what is right from
wrong!
I would suspect that people can think for them selves, and also
that they know right from wrong..
I watch alot of talk shows and documentries on rape and murder and
all you ever here is how much of a high they got while doing it,
and that because of that high they become addicted to hurting people,
I think that anyone that is addicted or gets a *HIGH* out of hurting
someone does not deserve to be here..
I guess that my thoughts say that wheather we've had an awful past
or not, we know right from wrong, and if we no it's wrong we should
not do it..
for myself i went into a shell for years, and yes there are times
that I am still botherd by my past. but theres still no excuse..
|
767.38 | | WOODRO::KEITH | Real men double clutch | Fri Sep 01 1989 08:00 | 34 |
| RE .34
Well this is my second attempt (stupid network problem trashed my
1st one)
As I entered the base note, let me respond to the question about is this
a capital punishment note.
NO
Now it is/was put in here to make people think about the crime, the punishment,
and other related items. We all have different views, ranging from one side
to the other. To each of us our view, or 'groups' view seems correct.
As individuals, and as society, we must make choices, and draw up limits
as to what is acceptable behavior. The 'do your own thing' theory, if not
bounded by limits leads to anarchy or civil war as in Lebanon.
It is very easy for all of us to sit at our terminals and say that we should
excuse the mother, or execute the mother of this child. Dawn, who has lived
through at least part of this nightmare is correct IMHO.
I do believe that your environment (for lack of an all encompassing term)
when you grow up (more so than when you are older) has a lot to do with
who you are, how you act, how you feel. It, IMHO does not excuse you from
everything.
Steve
Yes, I do believe in the death penality. No, I do not believe in
torturing the individual first. I would also spend the money that
would be spent for incarceration of the criminal on the treatment of
the victum instead.
|
767.39 | Feeling really slow this morning. | SALEM::GAGNE | I love my Siberian Husky | Fri Sep 01 1989 08:45 | 7 |
|
re:38 Steve what does IMHO stand for?
Just curious.
Dawn
|
767.40 | | WOODRO::KEITH | Real men double clutch | Fri Sep 01 1989 08:54 | 3 |
| In My Humble Opinion
I have seen that used here I think before
|
767.41 | Referencing 767.36 | MOSAIC::R_BROWN | We're from Brone III... | Fri Sep 01 1989 13:15 | 28 |
|
My childhood was lousy, but I like to think I turned out OK. The factors
that made me avoid a "bad life" were:
1: I didn't like hurting people because I knew what it felt like to
be hurt myself.
2: I didn't let anything interfere with my education, because I'd
heard about how important an education was for those who wanted to
"be somebody".
3: I didn't disrespect adults because I wanted to be respected.
4: I didn't take drugs because I'd heard and seen what drugs did to
people in my neighborhood.
5: I avoided committing crimes because I didn't like what I'd heard
about jail.
But the main reason why I didn't do any of the above things was because I
knew that:
6: If my mother ever learned that I was being "bad", she would KILL ME!
;-)
-Robert Brown III
|
767.42 | know punishment first | WFOV12::BRENNAN_N | | Fri Sep 01 1989 14:25 | 32 |
| I think, tooooo often, when children are very young and threatened
to behave, the "idle threats" that flow from parents mouths are
a bit much to believe. (i.e. "You behave or I'll break your leg")
Sure, Ma, break my leg....
or, "If you misbehave, I'LL KILL YOU!!!
Right, kill me....
When my folks made a threat, it was a threat that they could fulfill.
Such as, "Behave or I'll slap you upside the head".
Well, didn't you know it, I misbehave and got slapped upside the
head. They never broke any of my bones, and I'm still alive, but,
sure remember the slaps when I was wrong. I turned out OK. I have
lot of respect for fellow persons and definetly know right from
wrong. When we did something wrong, we were punished.
Kids that don't know right from wrong, or were reared on "idle threats"
don't seem to have respect. For instance, the young punks that
brutally beat and raped a 29-year old female jogger, in Central
Park, not long ago. Quoted as saying, "It was for fun".
My point is, when we are young and impressionable, it's very important
that we know right from wrong and the consequences thereafter.
I've heard toooo many "idle threats" to young-ones and kids 'ain't
so dumb. They actually do know if you can pull it off or not.
|
767.43 | Right and Wrong ?? | EAYV01::MMCMURDIE | | Wed Sep 06 1989 04:11 | 15 |
|
Hi,
I have to agree with the persons who would like to
see them executed. Its alright saying what about their childhood
but you could take that argument into forever.....and the number
of criminals will increase again and again. If the death penalty
was a threat I am positive some of these criminals would think again.
To me the bottom line is................people know the difference
between right and wrong no matter what their background is....
|
767.44 | She was obviously mentally incompetent | ULTRA::GUGEL | Adrenaline: my drug of choice | Wed Sep 06 1989 11:03 | 21 |
|
re just about all of you:
Well, I *don't* agree that the mother should get the death penalty.
The rapist - that's another thing, the death penalty, life
imprisonment, or or whatever is deserved, depending on the brutality
of the rape.
The mother is obviously (to me, at least) mentally incompetent (due
to her drug addiction) to stand any kind of a fair trial. There are
*many*, *many* precedents for this (mental incompetence as a defense).
In such cases, the defendant is usually (?) forced to undergo treatment
for his or her incompetence, and in this case, this woman *really*
needs it. Doesn't sound to me like she had a fair trial, given all
the precedents.
And BTW, *who* committed the rape anyway? Not her, but the drug dealer
scum. At the most, she was an accomplice (which, of course, is also a
crime). But *who* got a stiffer sentence? The woman!! This belongs
as a classic in the "Sexism is alive and well..." note.
|
767.45 | No problem - I got two more at home for ya | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 07 1989 02:05 | 31 |
| re - .44
> depending on the brutality of the rape
Let me get this straight - are you implying that there's such a thing
as a *non-brutal* rape???
> The mother is obviously (to me, at least) mentally incompetent (due
> to her drug addiction)
Which also makes her *that* much more dangerous!
> And BTW, *who* committed the rape anyway? Not her, but the drug dealer
> scum.
She may as *well* have. She wakes her first-born daughter out of sound
sleep, and hands her own flesh and blood over to the candy man as her
own personal payoff. IMHO, this kind of person makes "mother" a dirty
word.
> But *who* got a stiffer sentence? The woman!! This belongs as a
> classic in the "Sexism is alive and well..." note.
No way. She got what she deserved. And, from what statistics say
about what happens to men in prison who rape young girls, so will he.
Would you think the sentence would be any fairer if the daughter had
*died*??
submit/queue=blood_pressure/simmer
Carol
|
767.46 | give me a break.... | WFOV11::BRENNAN_N | | Thu Sep 07 1989 10:03 | 5 |
| RIGHT!!!!
What about the sentence in life that the daughter got?????
Was that a fair trial???????
|
767.47 | | CSC32::CONLON | | Thu Sep 07 1989 10:35 | 30 |
| RE: .44
> Well, I *don't* agree that the mother should get the death penalty.
I agree with you.
> The mother is obviously (to me, at least) mentally incompetent (due
> to her drug addiction) to stand any kind of a fair trial. There are
> *many*, *many* precedents for this (mental incompetence as a defense).
> In such cases, the defendant is usually (?) forced to undergo
> treatment for his or her incompetence, and in this case, this woman
> *really* needs it. Doesn't sound to me like she had a fair trial,
> given all the precedents.
Agreed, again. It appears to me that the judge was unable to keep
from having an emotional response to the idea of a mother taking
her child to a rapist voluntarily. If the judge acted out of
emotion (rather than precendent), then the chances are good that
the mother did not receive a fair trial.
> And BTW, *who* committed the rape anyway? Not her, but the drug
> dealer scum. At the most, she was an accomplice (which, of course,
> is also a crime). But *who* got a stiffer sentence? The woman!!
> This belongs as a classic in the "Sexism is alive and well..." note.
As sorry as I feel for what the daughter went through, I agree that
giving the mother a *stiffer sentence* made no sense at all (except
as an emotional reaction to the idea of the crime.)
It appears highly unlikely that the mother received a fair trial.
|
767.48 | Was the crime more fair? | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 07 1989 10:46 | 8 |
| re - .47
> It appears highly unlikely that the mother received a fair trial.
If so, then it means that the punishment *fit* the crime.
Carol
|
767.49 | Is that the system of justice you want for *everybody*? | CSC32::CONLON | | Thu Sep 07 1989 11:34 | 11 |
| RE: .48
Wait a minute here.
*No* crime is fair! So, does that mean that *NO* trial should ever
be fair either?
Why do we bother with trials at all then (when it would be so much
easier and cheaper to just throw people into dungeons for the rest
of their lives)?
|
767.50 | This time justice *worked* | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 07 1989 12:23 | 18 |
| re - .49
My statement in .48 was qualified with an "if". You state your opinion
that you think the trial for the mother was unfair, I state my opinion
that it *was* fair.
I do not believe that the judge reacted emotionally. I think the judge
was very objective and took into consideration the very likely possibility
that, if given a chance, the mother would do the very same thing to her
other two daughters to finance her habit.
And, personally, I think the mother got off pretty easy. There's a
good possibility (and a fear expressed by other members of her family)
that she will get out early for good behavior. Early enough to
potentially regain custody of her two youngest daughters and possibly
start the cycle all over again.
Carol
|
767.51 | | SCARY::M_DAVIS | Dictated, but not read. | Thu Sep 07 1989 12:52 | 21 |
| There was a piece on NPR's "Morning Edition" this morning that
described the dramatic upturn in abandoned and abused children due to
the crack cocaine epidemic.
According to the coverage, it is not young girls doing this, but
rather women in their 30's who formerly were nurturing parents...many
with several older children at home who had received good care prior to
this. They may have used drugs "recreationally" in the past, but since
they have become crack addicts, they have lost their nurturing
mentality altogether. In some cases, babies were left at churches or
at the hospital (often addicts themselves). In other cases, drug
dealers would bring children to the welfare office...these children had
been left by their mothers as collateral against a dose of crack, but
the mothers never returned for their children.
This is a continuing series on NPR. Tomorrow morning, they will focus
on the grandparents and other family members who are now assuming the
role of parent for many of these children. Many others are in foster
homes or in group homes.
Marge
|
767.52 | | CSC32::CONLON | | Thu Sep 07 1989 13:11 | 62 |
| RE: .50
> You state your opinion that you think the trial for the mother
> was unfair, I state my opinion that it *was* fair.
A good case was made (by someone earlier) that the trial was *not*
fair. All I've seen others say so far seems to add up to the idea
that some people simply don't *care* whether the trial was fair or not.
In my opinion, every person in this country deserves a fair trial
(whether everyone happens to hate and despise a particular individual
because of the nature of the person's crime, or not.)
In this case, I think that the mother was punished more than the
rapist because of a value judgment that the court made about her
(because of her expected role as a woman in our society.)
In a way, it reminds me of the action of the judge who gave *light*
sentences for murdering gay men because he felt that such men
were somehow "asking" to be murdered by virtue of a lifestyle that
was repugnant to the judge. In both cases, sentences seem to have
been meted out based on value judgments shaped by prejudice.
> I do not believe that the judge reacted emotionally. I think the
> judge was very objective and took into consideration the very
> likely possibility that, if given a chance, the mother would do
> the very same thing to her other two daughters to finance her habit.
How would the mother get such a chance, though? What is the likeli-
hood that a court would give custody of the younger daughters to
this mother after what's happened?
Or, was the court saying to the mother, "Well, knowing how stupid
*we* are, there's a chance that if you were free, we'd give you
custody of your daughters. So to protect your daughters from *our*
stupidity as a court system, we're going to put *you* into prison
for a longer time to keep *ourselves* from making a mistake. It's
easier to make *you* pay for our stupidity than it is to try to
change our own system."
> And, personally, I think the mother got off pretty easy.
Well, her sentence is easier than having gotten the death penalty,
but that's about it. She will likely spend five or six times
as long in prison (or *more*) than most rapists and some murderers
spend. I wonder why that is.
> There's a good possibility (and a fear expressed by other members
> of her family) that she will get out early for good behavior.
> Early enough to potentially regain custody of her two youngest
> daughters and possibly start the cycle all over again.
Again, why not fix a system that could potentially return those
daughters to this mother (rather than keeping a woman in prison as
a way to keep the courts from making this possible mistake)?
The condition of the courts (such that such a mother *could* get
custody of her daughters back after what's happened) is not the
fault nor responsibility of this one woman. If the courts are
that screwed up, imprisoning her for the next several decades
isn't going to help countless other children who could suffer for
the courts' mistakes.
|
767.53 | | WAHOO::LEVESQUE | You've crossed over the river... | Thu Sep 07 1989 13:22 | 18 |
| > A good case was made (by someone earlier) that the trial was *not*
> fair.
I disagree. By all accounts, the mother is guilty. Her jury was picked fairly,
with the consent and advice of her lawyer. The trial was fair.
The sentence, on the other hand, may or may not have been fair. The trial was.
The reasoning behind the lengthy sentence was twofold (as I understand it).
The mother's continual lying throughout the court proceedings coupled with
her apparent carefree attitude about the whole thing lead the judge to the
harsh sentence. She was only sorry she got caught.
In any case, her sentence will never be fully served. This (to me) is a
fundamental flaw in our justice system. (That few criminals ever serve the
sentence they were given.)
The Doctah
|
767.54 | | CSC32::CONLON | | Thu Sep 07 1989 14:50 | 28 |
| RE: .53 Doctah
> By all accounts, the mother is guilty. Her jury was picked fairly,
> with the consent and advice of her lawyer. The trial was fair.
Well, without having access to the transcripts from the trial,
we're both just speculating about whether or not the trial was
fair. Neither of us can say one way or the other with certainty.
(Myself, I still have serious doubts about it.)
> The reasoning behind the lengthy sentence was twofold (as I
> understand it). The mother's continual lying throughout the court
> proceedings coupled with her apparent carefree attitude about the
> whole thing lead the judge to the harsh sentence. She was only
> sorry she got caught.
How many decades is she being charged "per lie" or "per expression?"
Richard Nixon lied continually, and he was *pardoned*.
Oliver North lied, and his sentence didn't involve a *single night*
in prison.
I don't recall either one of those 'gents' *ever* showing a
single *ounce* of remorse about what they did, do you?
Or is it more *acceptable* for some people to lie and behave arrogantly
about their crimes than it is for others?
|
767.55 | I'm confused... | WAYLAY::GORDON | bliss will be the death of me yet... | Thu Sep 07 1989 15:10 | 7 |
| Suzanne,
What possible connection do Richard Nixon and Oliver North have to
case under discussion? For example, I don't recall Nixon ever appearing
in court...
--D
|
767.56 | | VLNVAX::OSTIGUY | | Thu Sep 07 1989 15:15 | 18 |
| I agree with CSC3::CONLON....
Cocaine/Crack does awful things to people. It turns people into crazy
men/women. With this drug, people you've known well all your life
become someone you don't know at all. This woman was clearing hooked
and not of sound mind because what the drug does to you. I definitely
believe she should be punished for doing what she did, but give me a
break. The rapist (no matter what's going to happen to him in the
pen) should be the one who got life. I believe the judge was bias
against the woman too. After all, Joel Steinberg, drug induced that
he was, KILLS an innocent child and doesn't get half the sentence this
women got.
Although I'm disgusted by what this women did, what the rapist did; I
am also just as disqusted by what the judge did.
Anna
|
767.57 | Still my opinion | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 07 1989 15:20 | 80 |
| RE: .52
> A good case was made (by someone earlier) that the trial was *not*
> fair.
Baloney. It went through the same procedures as any other trial.
They picked a jury, the lawyers presented their cases, the jury
weighed the evidence, gave a guilty verdict, the judge passed
sentence.
> In my opinion, every person in this country deserves a fair trial
> (whether everyone happens to hate and despise a particular individual
> because of the nature of the person's crime, or not.)
I agree, here. And, believe it or don't, I didn't pass my own
personal judgement on the woman until I heard the court's final
verdict.
> In this case, I think that the mother was punished more than the
> rapist because of a value judgment that the court made about her
> (because of her expected role as a woman in our society.)
So, as a mother she should have no more responsibilities or morals
than any other "joe" off the street. The sentence should not
reflect the fact that she handed over her first-born child to
another moral degenerate. The sentence should not reflect the
fact that she reneged on her obligations, betrayed every trust
that was placed on her, and just simply didn't give a heartfelt
damn about what happened to her daughter, is that right?
As I understand it from the news accounts, she told the "candy man"
that she "didn't have the money right now, but if I give you my
daughter for the night will you give me some blow to tide me over?"
By this act she admitted that she would stop at *nothing* to get
her fix.
And I believe this illustrates that she instigated this atrocity
and got what she justly deserved. Sure, the dealer could have
said no, but she still gave up her kid first.
> How would the mother get such a chance, though? What is the likeli-
> hood that a court would give custody of the younger daughters to
> this mother after what's happened?
It's more likely than any of us would like to believe! There are
numerous documented cases of proven child abusers who have regained
custody of their children due to technicalities or declaration of
rehabilitation. And many of these children then ended up *dead*.
> She will likely spend five or six times as long in prison (or
> *more*) than most rapists and some murderers spend.
Just remember that it was *her* idea to turn the kid over in the
first place.
> Again, why not fix a system that could potentially return those
> daughters to this mother (rather than keeping a woman in prison as
> a way to keep the courts from making this possible mistake)?
*Sigh* I only wish it were that easy.
> The condition of the courts (such that such a mother *could* get
> custody of her daughters back after what's happened) is not the
> fault nor responsibility of this one woman.
No, it isn't, but this particular woman even *said* that what she
did wasn't a big deal.
> If the courts are that screwed up, imprisoning her for the next
> several decades isn't going to help countless other children who
> could suffer for the courts' mistakes.
Maybe, maybe not. But I happen to think that the court made the
right decision in this case. This example may serve to deter other
junkie-moms from handing their kids over for payment. It may not.
I don't know.
And keep in mind that this court has also protected her from enraged
vigilantes who would gladly run her butt up a flag pole and then
some.
|
767.58 | | CSC32::CONLON | | Thu Sep 07 1989 17:34 | 83 |
| RE: .57
>> A good case was made (by someone earlier) that the trial was *not*
>> fair.
> Baloney.
Unless *you* now have the transcripts from the trial, you're making
an assumption that the trial was fair. I suspect otherwise.
> So, as a mother she should have no more responsibilities or morals
> than any other "joe" off the street. The sentence should not
> reflect the fact that she handed over her first-born child to
> another moral degenerate. The sentence should not reflect the
> fact that she reneged on her obligations, betrayed every trust
> that was placed on her, and just simply didn't give a heartfelt
> damn about what happened to her daughter, is that right?
If what you are suggesting is that the mother *should* be judged
more harshly because she failed to live up to what society regards
as WOMEN'S main reason for existence in our society, then I disagree.
As bad a crime as this was, I don't happen to think that a failure
to "mother" well is the most heinous crime a woman could ever commit
(regardless of the emotional rhetoric one uses to describe the
obligations one *ought* to feel when one becomes a mother.)
Fathers who repeatedly rape their *own* daughters over periods of
decades don't get the kind of sentence that this mother got, so
I have to question whether the woman was sentenced for breaking
the law as much as she was sentenced for breaking what society
regards as central to the very reason why women exist: to mother.
> By this act she admitted that she would stop at *nothing* to get
> her fix.
If this is true, then she was obviously extremely sick and very
deeply in the throes of drug addiction. She needs help, not
several decades in prison.
> And I believe this illustrates that she instigated this atrocity
> and got what she justly deserved.
There are millions of drug addicts in our country who are quite
possibly capable of committing other atrocities for the same
reason that this woman did it. Do you think we have the facilities
to throw millions more people into prison for several decades each?
>>How would the mother get such a chance, though? What is the likeli-
>>hood that a court would give custody of the younger daughters to
>>this mother after what's happened?
>It's more likely than any of us would like to believe! There are
>numerous documented cases of proven child abusers who have regained
>custody of their children due to technicalities or declaration of
>rehabilitation. And many of these children then ended up *dead*.
This woman is not responsible for a system that would allow this
to happen.
>>Again, why not fix a system that could potentially return those
>>daughters to this mother (rather than keeping a woman in prison as
>>a way to keep the courts from making this possible mistake)?
> *Sigh* I only wish it were that easy.
They could "fix" the system for this one woman (by following up
on the case until her children are too old to be in anyone's
"custody.") Putting her in prison for several decades was not
their only option. It was, however, emotionally satisfying
for the nature of the woman's crime (for some/many observers.)
> This example may serve to deter other junkie-moms from handing
> their kids over for payment.
This example serves to illustrate to women that society will
punish women more severely than men for deeds done during drug
addiction (simply because women bear and give birth to children,
while men do not.)
Sounds like another way to attempt to put more controls on what
*women* do (simply because we are women and we have certain
biological obligations to our society that count more than almost
anything else we could ever do as human beings.)
|
767.59 | anyone entertained by the notion of throwing me a little evidence? | ULTRA::ZURKO | The quality of mercy is not strained | Thu Sep 07 1989 18:02 | 5 |
| I really wish people who are so sure about who came out better than whom would
answer my question for a few facts a bunch of replies back.
How do those sentences really translate to what will happen? Time, place, etc.
Mez
|
767.60 | Let's keep that spasmodic knee movement going | STAR::BECK | The question is - 2B or D4? | Thu Sep 07 1989 18:24 | 5 |
| RE .59
>> anyone entertained by the notion of throwing me a little evidence?
(Based on the last 50 or so replies) - what do facts have to do with this
discussion? Besides, who needs facts when opinions are so easy to come by?
|
767.62 | No-gender trials, inquire within | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 07 1989 19:51 | 83 |
| RE: .58
> Unless *you* now have the transcripts from the trial, you're making
> an assumption that the trial was fair. I suspect otherwise.
I've got just as much data as you do and am basing my *opinions* on
said data just as much as you are. I assume the trial was fair.
You assume the trial wasn't fair. Where's the difference?
> If what you are suggesting is that the mother *should* be judged
> more harshly because she failed to live up to what society regards
> as WOMEN'S main reason for existence in our society, then I disagree.
*All* factors revolving around one's life are under scrutiny in a
court of law. The court will take into consideration the various
possibilities by which an incident such as this could have been
prevented. The simple fact that she was a mother and the victim
was her daughter is one of those possibilities.
> If this is true, then she was obviously extremely sick and very
> deeply in the throes of drug addiction. She needs help, not
> several decades in prison.
Look, I don't disagree that she needs help, but she isn't going to
get it if she doesn't want it. Her attitude at the trial didn't
reflect that she wanted it. So, we have a choice. Put her in
rehab and *hope* she turns around on her own, or keep her off the
streets. I opt for the latter. If she showed any desire at all
to atone for her crime, I'd be willing to give her another chance -
but you can bet your buns I'd be watching her *real* close.
But, keep one probability in mind - she won't be serving her full
time. In all likelihood, she'll be out in 6 to 8 years. Let's
hope she'll be clean and will stay that way. And let's hope that
there will be people out there willing to forgive her and give her
another chance.
> Do you think we have the facilities to throw millions more people
> into prison for several decades each?
No problem. Pres Bush has specified building lots more prisons
for his all out war on drugs. My personal opinion is that the
death penalty would be a better deterrent, but I guess this will
have to do for now.
> This woman is not responsible for a system that would allow this
> to happen.
No, she's not. But she *is* responsible for her *own* crime.
> They could "fix" the system for this one woman (by following up
> on the case until her children are too old to be in anyone's
> "custody.") Putting her in prison for several decades was not
> their only option. It was, however, emotionally satisfying
> for the nature of the woman's crime (for some/many observers.)
I'm all ears - what could be done to "fix the system"? What do
do *you* think should be the just and worthy punishment in this
case?
And, tell me honestly - I don't know if you have kids (I don't,
unless you count a cat) - but would you trust this woman with
your kids? Today?
> This example serves to illustrate to women that society will
> punish women more severely than men for deeds done during drug
> addiction (simply because women bear and give birth to children,
> while men do not.)
Again, I say BALONEY! I would demand no less punishment were it
the father that had committed this crime! But it wasn't! It was
the mother, and she willingly and knowingly gave her child over
to the horrors of violation.
IMHO, saying she was punished more severely for simply being a
woman is a cop out. Saying she was punished severely for simply
being a mom is a cop out. Punishing her severely for not using
her common sensibilities and endangering the life and interests
of a another human being is right on the money.
"Innocent by reason of drug addiction." Give me a break.
Carol
|
767.63 | | ULTRA::ZURKO | The quality of mercy is not strained | Fri Sep 08 1989 09:03 | 6 |
| > In all likelihood, she'll be out in 6 to 8 years.
Aha! One of the numbers I've been looking for. OK; someone on life, what, comes
up for parole in 6 to 8 years? Now, the pusher got 30, if I remember correctly.
When does 30 come up for parole?
Mez
|
767.64 | a change of views | TLE::D_CARROLL | On the outside, looking in | Fri Sep 08 1989 10:49 | 46 |
| Sexism is alive and well and living in...me.
This is one of the few times a note in =wn= has actually turned around my
feelings on a subject. (The other, BTW, was "affirmative action" a while
back.)
When I first heard about this horror on the radio, my first reaction is what
appears to be the reaction of most people who have responded to this note:
That woman should be shot! How can a mother do this to her child? True,
I thought that the rapist/drug dealer was also a horrible person. But I
found myself thinking "The mother is the real villain here. The drug
dealer raped the girl but *men* *do* *that*, and it's horrible, but it's the
way it is. but mother's shouldn't *encourage/permit* it!" I was hoping that
she would get life, or worse, while I realized and didn't particularly care
that the man would get a typical sentance for raping a minor.
This reaction was not fair to men or women. To men, because it isn't fair
to say that "men do that". It isn't fair to them to say "His crime isn't
*that* terrible because he did it because he's a man." Not all men do that,
this turkey did it, not because he was a man but because he was evil, and
the "male species" should not be held responsible for the atrocities of one
of their members. Rather, the individual should be held entirely responsible,
and his respnsibiity should not be seen as diminished simply because he is
man.
But it's especially not fair to women. It's not fair to mothers. Saying
that the Mother in this case is more responsible than the man is moving
some of the blame he deserves to her, just because she happens to be a blood
relative. It's true, what she did was atrocious. But no more atrocious than
what he did. Why should the burden fall more heavily on her?
You could say it was because she incured additional responsibility by
having the child. Yes, she did, and she *shouldn't* have done what she did.
But can we say the law should enforce a parent loving a child? Should by
having a child you agree that any crime you commit counts double against
you? Why is it that a desperate, deprived woman is seen as such an incredible
villain, while the man who performed the act is just "being a man".
I think having the mother recieve a *much* stiffer sentance than the man,
the law is reinforcing the idea that rape is so common that it just isn't
a big deal, but that betraying your child is the worst crime you could possibly
commit.
thank you Suzzane.
D!
|
767.65 | | HANDY::MALLETT | Barking Spider Industries | Fri Sep 08 1989 11:41 | 7 |
| re: .63
Without knowing the specifics of the particular state parole laws,
I'd say that 7 to 8 would be a safe ballpark for parole eligibility
on a 30 year sentence.
Steve
|
767.66 | | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Fri Sep 08 1989 11:48 | 24 |
| According to news sources, it's on record that her obvious disregard
for what she had done and her flagrant and constant lying throughout
the entire court proceedings were major factors in the judge's
decision to rule a life sentence. Her sentence has little to do
with the fact that she's both a woman and a mother.
As for the drug dealer/rapist, I would be quite happy to see him
strung up by the balls upside down with a tube protruding from a
main artery so he can watch his life's blood slowly oozing away.
(Uh, sorry about the weak stomachs out there.) I feel that way
about any convicted rapist or murderer. Ad-lib on how to hang 'em
when it's a woman.
I'm just tired of hearing about all the little slaps on the wrists
that these offenders get for their atrocities. Nobody seems to be
afraid of doing time, anymore.
And, Mez, from what I've been able to gather, a parole hearing is
normally granted when the sentence as been 1/5th served. It varies
according to prisoner behavior and willingness to cooperate in
rehabilitation programs.
Carol
|
767.67 | my thoughts and opinions | SUBSYS::NEUMYER | | Fri Sep 08 1989 11:51 | 50 |
|
I find this discussion interesting for the number of subtopics that it
has produced.
1. Fair/not fair trial.
These days I find it hard to determine what constitutes a fair
trial. In this case, I think many peoples objections are about the
sentenceing and not the trial itself. I agree that the sentencing was
not fair. BOTH OF THE CONVICTED DEFENDANTS SHOULD GET THE CHAIR!!!!!
2. Prison vs treatment.
The statement in .58 was :
>> There are millions of drug addicts in our country who are quite
>> possibly capable of committing other atrocities for the same
>> reason that this woman did it. Do you think we have the facilities
>> to throw millions more people into prison for several decades each?
My question to this is "Do you need less facilities to house people
convicted of drug related crimes that are getting treatment than you
would need to have to hold them as prisoners?" I think that the
treatment centers would be more expensive to run anyway (more doctors
to administer treatment). And I DO think you have to house these people
somewhere until you define them as "CURED".
3. Accountability/Responsibility.
My personal feeling oon this is that somewhere along the road a
conscious decision was made to start taking these drugs. Being a junkie
is no reason to sidestep the blame for your actions.
4. Regaining custody.
For the people who feel she is sick and need help: If she gets the help
and is defined as cured, Why shouldn't she get her kids back. I
personally hope she never sees her kids again because I don't think
she's sick. And I would think the same way if it were a father that did
this.
I will always approach this kind of subject from an emotional point of
view. I think logic and negotiation has its place, but when child abuse
is the subject, my emotions rule my actions. Man (woman) is as much an
emotional being as an intellectual being. I don't know why many people
try to hide what they consider their negative emotions
(anger,hate,rage). These are as valid as the emotions of love, joy and
sadness. But this is getting off the subject.
ed
|
767.68 | Special thanks to Ellen, re: .44!! | CSC32::CONLON | | Fri Sep 08 1989 12:42 | 7 |
| RE: .64
> thank you Suzanne.
Thank *you*, D!
|
767.69 | | CSC32::CONLON | | Fri Sep 08 1989 13:14 | 13 |
| As for the woman getting a stiffer sentence because she lied in
court (and because she failed to show remorse...)
Question: If the woman was such an accomplished liar, why didn't
she do the "smart thing" and lie about being remorseful for what
she did?
Either she wasn't as great a liar as people thought, or else she
didn't have a good understanding of the trial process itself.
It's still quite obvious to me that her sentence was especially
stiff because she was the victim's mother (regardless of how the
judge tries to explain the rationale he used in sentencing her.)
|
767.70 | liar,liar | SUBSYS::NEUMYER | | Fri Sep 08 1989 13:26 | 13 |
| re: .69 "accomplished liar"
I don't think anyone said she was an "accomplished" liar, just that she
lied throughout the trial. Obviously she was a terrible liar if she got
caught at it.
What you say about the sentencing is probably true. I would hope that
they each got sentenced to a horrible death, but I think the judge
would have given a father the same sentence that he gave the mother and
for the same reasons.
ed
|
767.71 | | ASABET::STRIFE | | Fri Sep 08 1989 14:09 | 32 |
| Just a couple of comments -
1) I don't know of any legal precedents that make drug/alcohol
addiction/intoxication a defense to a crime. (The only caveat being
where the consumption of the substance was forced.) Knowing what I do
about the criminal justice system, I have to believe that this woman
underwent psychiatric evaluation by doctors chosen by the defense as
well as by doctors chosen by state, to determine iof she was competent
to stand trial. Judges and prosecutors don't want to waste time on a
trial that is ruled invalid because the qustion of competency wasn't
answered.
2) I'm sure that there will be an appeal, and if there are any hints
of unfairness the verdict will be overturned. That's one of the
beauties of our flawed but still better than most of the rest of them
legal system.
3) I would be interested in knowing what the maximum penalty allowable
for forcible rape on a minor child in that particular state is. It is
quite possible that the dealer/rapist got the maximum the law allowed.
This is not to say that the penalties shouldn't be higher, just that
the judge's hands might have been tied.
4) A parent has a legal as well as moral obligation to protect a child
from harm.
5) Putting aside the possiblity of her present children being returned
to her - thingk of the possiblity of her getting out, having more
children who would not automatically be taken from her custody, and
subjecting them to this type of treatment!
|
767.72 | | RUBY::BOYAJIAN | When in Punt, doubt | Sat Sep 09 1989 10:58 | 13 |
| re:.45
� Let me get this straight - are you implying that
there's such a thing as a *non-brutal* rape??? �
No, she wasn't implying that, though you might be inferring it.
What she said -- "depending on the brutality of the rape" -- was
clear to me. She implied that some rapes are more or less brutal
than others. Seems to me that, if anything, her statement implies
that rape has an inherent component of brutality, and that one
differs from another only in the degree of brutality.
--- jerry
|
767.73 | CBS? (which I don't watch) | ULTRA::ZURKO | The quality of mercy is not strained | Sun Sep 10 1989 11:45 | 3 |
| Where _are_ all the TV stories on 'father rapes daughter on cocaine' or 'on
alcohol' or 'not on anything at all'?
Mez
|
767.74 | | ULTRA::GUGEL | Adrenaline: my drug of choice | Mon Sep 11 1989 13:48 | 22 |
| re .72: Yes, that's what I meant.
re Carol:
I understand some of your anger, but I don't understand how you
can't put your brain on for just *half a second* instead of the
knee-jerk emotions you *seem* to be wearing continuously, and listen,
instead of putting words in my mouth, you just *might* understand
that there's a *better* way than what the judge did!
I *never* said that the woman should go free or that she didn't commit
the crime. I *never* said that she didn't have a responsibility to
care for her child in a decent way. It's so easy for you to say that
I said those things so that you can disagree with me so much more easily,
and feel such DUTIFUL MORAL OUTRAGE!!
I *said* that she should have been found "innocent by reason of insanity"
(are those the correct legal words?). Remember Hinckley? He's *not*
free, you know! He's confined to a mental hospital for treatment. And
this woman needs something similar, a forced drug treatment program as
her "sentence". And certainly, no children should ever be in her care.
|
767.75 | | WAHOO::LEVESQUE | You've crossed over the river... | Mon Sep 11 1989 14:04 | 25 |
| To allow the insanity defense to be used in cases of where substance
abuse is the major factor contributing to said "insanity" would be to
give criminals carte blanche to commit crimes and escape
responsibility. Sure, they'd go to a mental hospital, but once they are
free of their "addiction" they'd have to be let go. I mean, you can't
restrain a "reformed" substance abuser, can you? Especially not one
that was found innocent of criminal liability.
No, the insanity defense is not the answer. Anyone when caught
performing an illegal activity could just say "Sorry, I'm an
addict/alcoholic." And instead of facing life in prison for murder,
it'd just be a few months in a hospital. It's an easy choice.
Substance abusers are no less responsible for their actions than the
rest of us. And we must stress that fact to them. Drug/alcohol use is
not an acceptable excuse. How many of you would want a spouse abuser to
be let off because he drank too much?
Criminals must be held responsible for their crimes. I am all for
rehabilitation, but it should not _replace_ punishment, it should
_supplement_ it. Supplementing punishment with medical and
psychological help and detoxification would prevent people from
claiming addiction problems to escape culpability.
The Doctah
|
767.76 | Someday Hinckley Will Go Free. | FDCV01::ROSS | | Mon Sep 11 1989 14:11 | 29 |
| Re: .74
> It's so easy for you to say that
> I said those things so that you can disagree with me so much more easily,
> and feel such DUTIFUL MORAL OUTRAGE!!
Ellen, I'm not so sure you're not doing the same thing that you're
claiming Carol is doing.
It's a favorite debater's trick: attribute to your opponent something
they didn't say, then demolish their non-statements. There are some
who write here who have their Doctorates in this tactic.
> I *said* that she should have been found "innocent by reason of insanity"
> (are those the correct legal words?). Remember Hinckley? He's *not*
> free, you know! He's confined to a mental hospital for treatment. And
> this woman needs something similar, a forced drug treatment program as
> her "sentence". And certainly, no children should ever be in her care.
And if the mother is detoxed and rehab'd in a year, then what? Should
she be freed after being in the hospital for one year?
Also, what if the drug dealer, himself, was a coke junkie, with diminished
capacity to understand the consequence of his actions (raping the girl)?
Should he, too, have been found "IBROI", confined to a hospital for a year,
and upon his successful treatment after a year, released?
Alan
|
767.77 | | CSC32::CONLON | | Mon Sep 11 1989 15:00 | 59 |
| RE: .75 Doctah
> To allow the insanity defense to be used in cases of where
> substance abuse is the major factor contributing to said "insanity"
> would be to give criminals carte blanche to commit crimes and
> escape responsibility.
Heard on the news this morning that the mass murderer (who killed
6 family members and a co-worker in April) has entered a plea of
insanity through drug use (because he used alcohol and cocaine on
the night before the murders.)
This is the man that got court papers about child support from a
former wife one day, then went home and killed his current wife,
then went elsewhere to kill her mother and her two sisters (who
were children,) then killed two of his three baby daughters (his
third daughter survived knife wounds.) He also killed a male
co-worker at some point during that same day.
Regardless of how this man's case comes out, it would be unacceptable
to ever allow him to walk the streets again. I *don't* think that an
insanity plea based on drug use implies that society merely needs to
"detox" the person who committed the crime, and then should let the
person go free immediately.
In the case that is the subject of this topic, the initial sentence
that the mother received for her crime was life without the possibility
of parole (ever!) after having given the rapist 30 years. Within hours,
the judge changed the mother's sentence to *allow* the possibility of
parole. (It would seem that he saw some problems with the original
sentence that he'd given her.) If the sentence is considered way
out of line for the crime, isn't it automatic grounds for an appeal
(or something like that?) I think the judge was wise to make an
adjustment in the sentence.
While I think it's possible that drug use can cause a form of
insanity, I don't think it will *ever* be the case that criminals
will just get detoxed and then walk away for drastic crimes like
rape or murder. There *are* such things as mental institutions
for criminally insane patients who are considered exceptionally
violent.
What it boils down to is that I don't think that the choice for the
mother is between life in prison and putting her through detox
(to be released in a year.) Nor do I think that if she (or any
other drug addict) were actually *treated* for insanity, it would
allow *all* criminals to have carte blanche for whatever crimes
they choose to commit (without responsibility) if they claim to be
addicts.
Each case would need to be taken on its own (to determine the best
way to protect society while treating addiction/insanity.)
As bad as the mother's crime was (to let her daughter be raped in
exchange for cocaine,) I don't think it can be easily compared to
someone who kills his wife, daughters, four other family members
and a co-worker. I don't think the mother's level of "threat to
society" can be considered to be the same as a mass murderer's
threat would be (if allowed to go free someday.)
|
767.78 | My opinion only, of course | SSGBPM::KENAH | Haunted by angels|Haunted by wraiths | Mon Sep 11 1989 15:30 | 14 |
| re .75 --
Have to agree with the Doctah here --
Now, alcoholism and drug addiction have been viewed as forms of
insanity (12 Step programs like AA, NA and CA talk about "restoration
of sanity") but: insanity cannot negate accountability.
I've heard recovering alcoholics say: "I wasn't always responsible for
all of my actions, but I'm accountable for them all."
Maybe she wasn't responsible, but she was/is accountable.
andrew
|
767.79 | | RAINBO::TARBET | Sama sadik ya sadila... | Mon Sep 11 1989 15:52 | 12 |
| Andrew, I think you, the Doctah, and Carol may be losing sight of the
point Suzanne is making: if the person who _committed_ the criminal
act gets only 30 years, why does the _accomplice_ get life? (Please
remember that had no rape occurred, the woman would not, I think, have
been prosecuted for her attempt at procuring one).
She lied repeatedly? Expressed no remorse? Hmmm, what about the
rapist himself? Did he freely confess? Express sadness and shame for
his behavior in a way that seemed credible? I would be astounded to
hear that he did, so where did the disparity in sentencing come from?
=maggie
|
767.80 | | WAHOO::LEVESQUE | You've crossed over the river... | Mon Sep 11 1989 16:11 | 9 |
| Perhaps both got the maximum sentence allowed by law? I don't know.
I don't know what the sentencing guidelines are in that state for those
crimes.
I can understand the point about the disparity in sentences. Having not
witnessed the trial itself, I can only go by what the media saw fit to
tell us.
The Doctah
|
767.81 | | WAHOO::LEVESQUE | You've crossed over the river... | Mon Sep 11 1989 16:26 | 53 |
| > Regardless of how this man's case comes out, it would be unacceptable
> to ever allow him to walk the streets again.
Agreed.
> I *don't* think that an
> insanity plea based on drug use implies that society merely needs to
> "detox" the person who committed the crime, and then should let the
> person go free immediately.
The problem is that the finding is "_innocent_ by reason of insanity."
With that type of verdict, once a person can prove (s)he is sane, there
is no legal way to prevent them from being released. That is a problem
with the system. There ought to be "guilty and insane." That way, the
person would be given psychiatric help and still be accountable.
> While I think it's possible that drug use can cause a form of
> insanity, I don't think it will *ever* be the case that criminals
> will just get detoxed and then walk away for drastic crimes like
> rape or murder.
I would certainly hope not, but stranger things have happened.
> What it boils down to
What would you have done if you were the judge and had complete freedom
over the sentence?
>I don't think the mother's level of "threat to
> society" can be considered to be the same as a mass murderer's
> threat would be (if allowed to go free someday.)
I don't think that "threat to society" is the only issue. And it isn't
always quantifiable. Say that the mother got released from prison after
5 years. She gets hooked on drugs again, and then goes on a rampage,
killing 8 people in a MacDonalds because they don't make coke spoons
anymore. All of the people who would never want to see her released
would be howling "I told you so." If, on the other hand, she became a
model citizen and helped thousands through her diligent work in
fighting drug abuse, all that would want her to serve a shorter
sentence would point to her as a shining example of rehabilitation and
how she proves that the "give her life-ers" are barbarians. The simple
fact is that we don't know how she would turn out. We could keep her in
jail forever and risk losing the next Mother Theresa. We could also let
out the next Ted Bundy. From what we do know of her, she does not look
like a very safe bet.
I'm not sure that her punishment was appropriate (as I've said all
along). It sure seems harsh. But she did a very bad thing. I admit, it
does seem strange that she got more then the actual rapist, but if she
were the child's father, I wonder if anyone would question it.
The Doctah
|
767.82 | unless AP misquoted, always possible | TLE::RANDALL | living on another planet | Mon Sep 11 1989 16:35 | 8 |
| re: .80
The first news report I saw about this incident quoted the judge
as saying explicitly that he thought the crime of pimping one's
daughter, when one's daughter should be able to count on
protection instead, was a worse crime than simple rape.
--bonnie
|
767.83 | | RAINBO::TARBET | Sama sadik ya sadila... | Mon Sep 11 1989 16:41 | 24 |
| Mark, I don't think we really know (or if so then I missed it in a
quick scan of the responses in this string) just _what_ they were each
convicted of in this connection. Presumably he was convicted of rape.
Presumably she was convicted of being an accomplice. Marge suggests
that the (culpable) roles were reversed but I dunno if she knows that
for sure [Marge?].
Let's presume your case, Mark, that they were convicted each of a
different charge and each got the maximum sentence. The question still
remains: why? What the hell _could_ this woman have done --under
law-- that was so much worse than the rape itself? Certainly being an
accomplice isn't!
I really can't imagine what it could be, can you? [Does anyone here
actually know?] So why did the judge try sentencing *her* to a Forever
term, but not the rapist himself? If rape is only worth 30 years, then
why didn't he say to himself, "well, I could give her life but I can
only give this slimeball 30 so in fairness I can't give her more than
that". The only thing I can conclude, absent more information, is the
same thing Suzanne does: she got hit because she violated social
expectations about the Sanctity Of Motherhood, not because her _crime_
was so much worse.
=maggie
|
767.84 | | WAHOO::LEVESQUE | You've crossed over the river... | Mon Sep 11 1989 16:46 | 13 |
| > The only thing I can conclude, absent more information, is the
> same thing Suzanne does: she got hit because she violated social
> expectations about the Sanctity Of Motherhood, not because her _crime_
> was so much worse.
Do you feel that social expectations of parents should or should not be
a factor in sentencing criminals? What do you (=maggie) consider to be
the proper "sentence" for this woman (ie, you get to be judge:*)
If the father of this girl prostituted her for crack, what would he
deserve?
The Doctah
|
767.85 | | RAINBO::TARBET | Sama sadik ya sadila... | Mon Sep 11 1989 16:52 | 20 |
| <--(.81)
� The problem is that the finding is "_innocent_ by reason of insanity."
� With that type of verdict, once a person can prove (s)he is sane, there
� is no legal way to prevent them from being released. That is a problem
� with the system. There ought to be "guilty and insane." That way, the
� person would be given psychiatric help and still be accountable.
Mark, a person can have an impossible time proving they're sane (it
being a legal rather than a psychological term). The fundamental
criterion is whether, if released, they are likely to wind up doing the
same or a similarly-unacceptable thing again because of the same
underlying problem (paranoia, psychopathy, whatever). If no, then no
danger. If yes, then no release. Yes mistakes do happen, and
sometimes tragic, stupid, pointless ones, but they still are _mistakes_
and they happen regardless of what rubric (criminal or mental) is used
to characterise the perpetrator.
=maggie
|
767.86 | I thought | TLE::RANDALL | living on another planet | Mon Sep 11 1989 16:55 | 6 |
| Re: what the mother was charged with --
I thought she was convicted of child abuse and the dealer was
convicted of statutory rape?
--bonnie
|
767.87 | | WOODRO::KEITH | Real men double clutch | Tue Sep 12 1989 08:37 | 33 |
| RE .8x
> Mark, a person can have an impossible time proving they're sane (it
> being a legal rather than a psychological term). The fundamental
> criterion is whether, if released, they are likely to wind up doing the
> same or a similarly-unacceptable thing again because of the same
> underlying problem (paranoia, psychopathy, whatever). If no, then no
> danger. If yes, then no release. Yes mistakes do happen, and
> sometimes tragic, stupid, pointless ones, but they still are _mistakes_
> and they happen regardless of what rubric (criminal or mental) is used
> to characterise the perpetrator.
>
> =maggie
>
I may have mentioned this here before, but I will repeat it.
I saw a talk show one day when I was home. They had a Psy* (pick
one) on who judges when people are safe to be let out again after
being declaired insane for some violent crime. He was on the show
because someone who was reciently released as 'cured' committed
murder. Anyway, he made the incredable statement 'about one in (it
was either 4 or 10, but that does not matter) cases, we are wrong'!
I was flabbergasted (sp)! Would this jerk (I have other names for
him which I will not use) go to an airport and get on a plane knowing
that one in 4 or 10 would fail (crash)? Of course not. So why, with
such a poor success rate would he let someone go free?
I suppose if someone made people who have this responsibility
accountable, say lose their jobs, they would suddenly achieve a
better than 1 in 4 or 10 success rate, and the public might be safer.
Steve
|
767.88 | | MILVAX::STRIFE | | Tue Sep 12 1989 10:29 | 23 |
|
This is NOT a defense of the rape laws, particularly the sentencing
sections, in this country. However, IF the dealer was convicted of
statutory rape as opposed to forcible rape it says alot about why his
sentence was so light. But statutory rape implies that the minor
consented and was not forced and that doesn't seem to fit with what
I've seen about the case.
All in all I suspect we are arguing issues with a dearth of facts.
Judges are human beings and as impartial as they may try to be, when
they find something morally repugnant, it has to effect the sentence
that the person gets.
I once had a conversation with a defense attorney who told me that
rape is still the easiest crime to defend (this was 5 or so years ago
but I don't think things have changed) because the closest most men can
come to this type of a personal violation is to have their home robbed.
An interesting thought......... Remember most of the folks who write
the laws are men.
|
767.89 | | RAINBO::TARBET | Sama sadik ya sadila... | Tue Sep 12 1989 10:35 | 11 |
| Yeah, Steve, there are some real duds in the field (most are
psychiatrists :') who seem not to be capable of understanding the
serious existential consequences of the decisions they take. If they
were on the other side of the table, that sort of failure would get
_them_ labelled.
But they are nonetheless in the minority, thank God. The vast majority
of practitioners are careful, conscientious professionals who do their
best to err on the side of safety and responsibility.
=maggie
|
767.90 | Psychopathology is inacurate | TLE::D_CARROLL | On the outside, looking in | Tue Sep 12 1989 10:56 | 25 |
| .87 (Steve Keith)
> . Anyway, he made the incredable statement 'about one in (it
> was either 4 or 10, but that does not matter) cases, we are wrong'!
[violent/insane criminals judged "cured"]
> I suppose if someone made people who have this responsibility
> accountable, say lose their jobs, they would suddenly achieve a
> better than 1 in 4 or 10 success rate, and the public might be safer.
Why? The "science" of psychology, particularly clinical psychopathology
is not very accurate. This guy simply may not have had the tools to be
able to judge accurately. It is a judgement call, mostly...
I suspect if his job were made dependent on it, that yes, fewer still-insane
criminals would be declared safe. But only because fewer people would be
declared safe, which means more people who actually were safe would be
judged unsafe too. (Anyone taken any signal-detection theory? The nature of
the signal/noise doesn't change, you just change your criteria, and
simultaneously increase the "hits", while also increasing the "false
alarms.") I am not saying whether I would consider this a worthwhile cost,
just that I bet the reason for so many "misses" is due more to an inexact
science than to carelessness; the only way to decrease the misses without
keeping more "safe" people locked up is to improve the science.
D!
|
767.91 | Calling =maggie and Suzanne, what would you do? | WAHOO::LEVESQUE | You've crossed over the river... | Wed Sep 13 1989 10:30 | 6 |
| I'd be quite pleased to see a response to the very pointed question in
.81 by Suzanne and the questions in .84 by =maggie. I think this would
go a long way towards seeing what exactly divides us, and how much of
this debate is philosophical.
The Doctah
|
767.92 | | RAINBO::TARBET | Sama sadik ya sadila... | Wed Sep 13 1989 11:14 | 28 |
| I wasn't ignoring you, Mark; we seemed to be out of sync, so I decided
to stop until things calmed down.
Do I think societal expectations about how parents should behave should
influence sentencing? No. Not without societal support for "proper"
parental behavior. We're simply too damn good at stressing people til
they break and then punishing them for it!
What do I consider the "proper" sentence for the woman? The same
sentence anyone else who pimped an unwilling child would get, because
that's what she did.
If the father of the girl prostituted her for crack, he should get the
same sentence anyone else who pimped an unwilling child would get.
'zat clear up anything, Mark?
Now, should the sentence for pimping an unwilling child be what I
suspect it currently is, i.e., "not much"? Hell no. It should be
serious time, comparable to kidnapping.
Moreover, should drugs continue to remain illegal and their possession
and use punished? No, I don't think so; the cure is getting to be MUCH
worse for our society than the disease.
But those are different issues.
=maggie
|
767.93 | Bravo! | MOIRA::FAIMAN | light upon the figured leaf | Wed Sep 13 1989 12:05 | 6 |
| re .92:
Clear, concise, and comprehensive. (And I happen to agree with it. :-)
Thank you, Maggie.
-Neil
|
767.94 | | WAHOO::LEVESQUE | You've crossed over the river... | Wed Sep 13 1989 16:59 | 33 |
| > Do I think societal expectations about how parents should behave should
> influence sentencing? No. Not without societal support for "proper"
> parental behavior.
What kind of support?
> What do I consider the "proper" sentence for the woman? The same
> sentence anyone else who pimped an unwilling child would get, because
> that's what she did.
I don't think that what the mother did was the same as what the guy in
the big Cadillac does. Maybe it is. It seems that there was an aura of
kidnapping here. That the mother did not physically rape the daughter
herself seems to be less of an issue to me- she took her daughter
forcefully against her will and forced her to provide sexual
gratification for someone else. It seems to me to be as bad as doing
it yourself.
Whatever. In any case, I had wanted to get a specific sentence from
you. There is no single sentence that pimps get. There are averages,
highs and lows, allowing for degree of criminality as determined by the
judge. Ignoring "what anyone else would get" for a moment, what
sentence do you consider to be fair, just, and reasonable under the
circumstances? (You are limited only by your imagination and the
Constitution.)
> 'zat clear up anything, Mark?
It's a good start. :-)
Thanks for not ignoring me. :-)
The Doctah
|
767.95 | | RAINBO::TARBET | Sama sadik ya sadila... | Wed Sep 13 1989 18:22 | 17 |
| What kind of support? A decent job. Training for parental duties.
Psychological counselling for stress. Stuff like that. Stuff that
indicates that as a society we take the parental role seriously.
I'm not sure we're in disagreement about the comparability of the
mother's role and the pimp's...you don't seem to have taken in my
qualification about unwillingness, and that makes a great deal of
difference.
Mark, I'm not about to try comimg up with some hard number, that'd be
foolish! My whole point is that neither the sex of the offender nor
her/his relationship to the victim should be a factor in determining
*whatever* number is used. Whether the number is too big or too small
for the offence is a completely separate issue.
You're welcome :-)
=maggie
|
767.96 | help me to understand...coming in late on this | CSSEDB::M_DAVIS | Eat dessert first;life is uncertain. | Sun Sep 17 1989 08:49 | 6 |
| Maggie, you don't believe that the "duty of care" toward one's child
should be any different than toward any child? Why have parents at
all?
respectfully,
Marge
|
767.97 | | RAINBO::TARBET | Sama budu polevat' | Tue Sep 19 1989 11:25 | 14 |
| <--(.96)
No, t'be truthful, Marge, I'm not sure it should. Maybe because it
seems an inappropriate rule to apply, regardless.
For instance, if I see a toddler about to wander into busy traffic, I
have no 'duty of care' that would require me to go save the kid. Now,
does that make ethical sense? Not t'me! Should it make legal sense?
Jeez, I'm not sure: are we better or worse off as a culture when we
ignore interpersonal needs because we've no legal obligation to address
them? What's the purpose of law, anyway? What's a parent, come to
that?
=maggie
|
767.98 | | SCARY::M_DAVIS | Dictated, but not read. | Wed Sep 20 1989 14:04 | 8 |
| I guess I just have visions of babies being snatched from their
less-than-perfect parents to be raised by professional nannies... lots
of professionalism; no familial love.
*sigh*
Marge
|
767.99 | | RAINBO::TARBET | Sama budu polevat' | Wed Sep 20 1989 14:47 | 10 |
| Yeah, Marge, I think you hit it, that's maybe what value parents have:
love. The kid's first human relationship. Or lack thereof.
But I'm foggy about the connection you see between society's response
to a pregant drunk and having kids snatched away to be raised in
professionalised creches...I'd think it would be connected in exactly
the opposite way: if we can jail the drunk we can snatch the child!
What'm I missing?
=maggie
|
767.100 | | SCARY::M_DAVIS | Dictated, but not read. | Wed Sep 20 1989 17:35 | 22 |
| Now I'm foggy...granted I haven't read all the 99 responses, but I
thought we were talking about the mother who prostituted the daughter
in exchange for drugs, not the jailed pregnant woman string...
I believe that the mother who prostituted her daughter should be more
accountable than J. Random adult who prostitutes the same child for
drugs, and that her punishment should reflect that level of
accountability. I also believe that the same parent prostituting
someone else's child for drugs should receive a somewhat lesser
sentence than if s/he were to prostitute her own child.
To me, the relationship between parent and child requires that the
parent protect that child. Yes, they should also protect other
children, but the mandate is that they protect their own children.
If this is not in line with the direction that this note is taking,
feel free to tell me I'm ratholing... I'll go away cheerfully.
grins,
m
|
767.101 | Oh, I get it | MOIRA::FAIMAN | light upon the figured leaf | Wed Sep 20 1989 18:02 | 18 |
| Since I originally had Maggie's reaction (.99), may I rephrase Marge's .100?
If we did not presume some sort of special relationship between
parent and child -- if parent were just another adult, who happened
to live with the child -- then there would be no reason not to take
a child away from its natural parents and give it to some other
adults instead.
Since we find this scenario implausible, we conclude that there *is*
a special relationship between parent and child. But (old clich�)
every right comes with corresponding responsibilities; so if the
parental relationship confers special rights on the parent (vis �
vis other adults) with respect to the child, then it must also
confer special *responsibilities* with respect to the child.
Is that what you meant, Marge? It sounds plausible to me.
-Neil
|
767.102 | that rattling sound is the stones in my head! | RAINBO::TARBET | Sama budu polevat' | Wed Sep 20 1989 18:07 | 15 |
| ooooooooops, you're right Marge, I feel really embarrassed! How dumb
of me. I dunno how I managed to screw that up so completely...I
evidently got lost right in the middle...but lessee if I can get it
right all the way through this time:
Actually, given your response, Marge, I don't know how to do much more
than acknowledge that I hear you. I do agree that a parent ought to
protect its child...but on the other hand, I think adults ought to
protect children, regardless of any relationship. Knowing you, I find
it incredibly hard to believe that you think the toddler wandering into
the road should have to depend on law or blood for my action (or
yours!) Should it? If no, then where's the parental difference? If
yes, then why?
=maggie
|
767.103 | re .101 | SCARY::M_DAVIS | Dictated, but not read. | Wed Sep 20 1989 18:17 | 18 |
| Well, that's an aspect of it. My comment about taking away a child
from its parent harkens back to Maggie's comments about society's
requirement to provide proper parental training else there is no
"greater" responsibility (paraphrased). I think the greater
responsibility goes with the territory, training or not... training is
a nice-to-have.
Clearly nannies have much better parental training than do most
parents. If we start talking about society's responsibility
toward training parents, then isn't the next step for society to remove
children from untrained parents and place them with trained
parents-in-absentia, that being more cost effective... group homes with
a ratio of, say, 5:1 or 4:1 rather than today's 2.2:1 or whatever the
ratio may be of natural/adoptive parents to child.
rambling,
Marge
|
767.104 | | RAINBO::TARBET | Sama budu polevat' | Wed Sep 20 1989 18:21 | 12 |
| <--(.101)
Neil (and Marge?), if we presume that the parental relationship is one
of property then I can see that scenario. But if we presume it's one
of, hmm, love? humanity? I dunno, not property anyhow, then it seems
to me that the case becomes much less clear: if the reason we don't
part parents and children is out of respect for the (presumed)
emotional bond between them, then why should we punish the parent EXTRA
just because the bond hasn't formed? Doesn't seem something that's
under voluntary control, t'me.
=maggie
|
767.105 | | SCARY::M_DAVIS | Dictated, but not read. | Wed Sep 20 1989 18:23 | 14 |
| re .102: (catching up)
no worry...often conversations merge...
No, J. Random child should not have to rely on legal protections ...
I think most of us would jump to protect a child, no matter the
relationship. I guess what I'm saying is the difference between should
and must... an adult should protect a child; a parent must protect a
son/daughter, and the ramifications of not doing so should reflect that
distinction in my mind.
tnx,
m
|
767.106 | the law can be strange sometimes | AZTECH::KOLBE | The dilettante debutante | Wed Sep 20 1989 20:17 | 13 |
| Does anybody have a clue as to the legal responsibility of an adult
to j.random child? I don't ever remember having any sort of rule or
teaching to say I MUST help any child but I find it hard to imagine
not doing so. The barn I board my horse at has a spoken rule that
any adult riding with a child is the responsible party in the group
even if the child is the better rider. Whether the child is related
to you has no bearing.
I have had EMT training including CPR. It was my impression that if
I find someone in need of my skills I am legally as well as morally
obligated to try and save them but that someone who has not had
training is not. Could the same be true of parents? If you have a
child you are respnsible if you haven't you aren't? liesl
|
767.107 | | WAHOO::LEVESQUE | You've crossed over the river... | Thu Sep 21 1989 09:31 | 30 |
| > I do agree that a parent ought to
> protect its child...but on the other hand, I think adults ought to
> protect children, regardless of any relationship. Knowing you, I find
> it incredibly hard to believe that you think the toddler wandering into
> the road should have to depend on law or blood for my action (or
> yours!) Should it? If no, then where's the parental difference? If
> yes, then why?
The responsibility that a parent has for a child is different than the
responsibility any old adult has with respect to that same child. If the
child is neglected by the parent and another adult knows about it but does
nothing, there are no societal sanctions against the adult, while there are
against the parent. There is a different level of responsibility.
The responsibility that a random adult has with respect to a child is largely
a function of that adult's internal morality. This is less so in the case of
parents. A parent has certain obligations to her/his child that a passing
adult does not have. It is because of this special relationship between parents
and children that makes parental-offspring crimes liable for more severe
punishments.
Now, one might question whether the act of getting raped would be any less
traumatic if the girl in question had been "delivered" by another adult. And
the question is difficult to answer. Certainly all of the physical aspects
would have remained. But perhaps, perhaps the psychological effects of the
assault would have been somewhat less had she been kidnapped and delivered
by another adult rather than a parent. I personally feel that the psychological
damage was probably worse because a parent took part in the crime.
The Doctah
|
767.108 | Are off-duty *doctors* even legally responsible? | TLE::D_CARROLL | On the outside, looking in | Thu Sep 21 1989 10:36 | 11 |
| > I have had EMT training including CPR. It was my impression that if
> I find someone in need of my skills I am legally as well as morally
> obligated to try and save them but that someone who has not had
> training is not.
You sure about this? I know it isn't true of just CPR. (I've been certified
a couple of times.) I won't argue about "morally" but "legally"? (I mean
when you aren't on duty - if you are working an abulance, then that is very
different.)
D!
|
767.109 | | RAINBO::TARBET | Sama budu polevat' | Thu Sep 21 1989 12:10 | 14 |
| I think we're getting a couple things confused here, notably the
question of legal -vs- ethical.
In the instance at hand, a mother pimped her unwilling minor daughter
and got a much more severe sentence than did the man who committed the
subsequent rape. The judge justified his act on the ground that the
woman violated her parental responsibility.
My argument is that the woman's responsibility in the matter was not
that of a parent: the law does not forbid a parent to pimp its child,
but rather forbids _any_ adult to pimp _any_ child; her _legal_ failure
was in her conduct as an adult, not as a parent!
=maggie
|
767.110 | | WAHOO::LEVESQUE | You've crossed over the river... | Thu Sep 21 1989 12:14 | 7 |
| Absolutely correct, =maggie. However, the law allows for mitigating
circumstances for practically any crime. For me, it is no great leap of logic to
go the other way as well. It seems consistent, doesn't it? If you can have
circumstances that make a crime less "bad," why shouldn't there be cricumstances
that make a crime more "bad?"
The Doctah
|
767.111 | | RAINBO::TARBET | Sama budu polevat' | Thu Sep 21 1989 12:26 | 2 |
| Great, Mark: total up _all_ the factors bearing on this woman's act,
then. It's the only fair way, right?
|
767.112 | theres' not just one parent! | CSC32::SPARROW | MYTH me once again | Thu Sep 21 1989 12:28 | 8 |
| so where was the father in all this? shouldn't he also be charged
because as a parent, he also has legal responibilities? shouldn't he
be charged with child abuse or neglect? why wasn't he aware that the
mother was pimping the child and why didn't he put a stop to it? why
is just the mother culpable? where the heck is his responsibility???
isn't he classified as an accomplice?
vivian
|
767.113 | | SCARY::M_DAVIS | Dictated, but not read. | Thu Sep 21 1989 13:46 | 4 |
| That's a question I have too, Vivian... my notes have referred to
parental responsibility, not maternal responsiblity...
m
|
767.114 | | SUBSYS::NEUMYER | | Thu Sep 21 1989 14:56 | 15 |
|
Re .106 regarding the legal/moral obligation to act in time of need.
There is none. Legally I (and I am an EMT also) I can ride by a motor
vehicle accident and am in no way legally obliged to help. If I do stop
to help, then I AM legally accountable if I do not stay until other
trained help arrives. Moral obligation is up to the indiviaul, no one
else can answer that question.
As to the difference between your child and other kids. I think there
is a bond between the child and parent that is not there with non
related children. At least I think the child feels that bond (the
child will go to the parent before going to a stranger).
ed
|
767.115 | The father wasn't involved | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 21 1989 15:57 | 7 |
| Re - .112, .113
The father is divorced from the mother. She had custody of their three
daughters at the time of the rape.
Carol
|
767.116 | | CSC32::SPARROW | MYTH me once again | Thu Sep 21 1989 16:09 | 4 |
| In my opinion, the father is involved. divorce does not legally
or moraly absolve him of fatherhood.
vivian
|
767.117 | | HANDY::MALLETT | Barking Spider Industries | Thu Sep 21 1989 17:52 | 10 |
| re: .116 (vivian)
Granted that he has legal/moral obligations of fatherhood, but I
don't think he can be directly implicated in the pimping charge.
How, for instance, could he have prevented the mother from
prostituting the child, particularly if he was unaware of her
intent? Wouldn't that be like saying David Azar's wife was
directly culpable in the daughter's death?
Steve
|
767.118 | | SSDEVO::CHAMPION | Letting Go: The Ultimate Adventure | Thu Sep 21 1989 17:57 | 9 |
| re - Vivian
Granted, he's a father, with fatherly obligations. And I do believe
he's fulfilling them now. But how can he be charged with child abuse
or neglect (or being an accomplice) when he *wasn't* there and he
*didn't* know what was going on?
Carol
|
767.119 | | CSC32::SPARROW | MYTH me once again | Thu Sep 21 1989 18:11 | 14 |
| Well, ok, I'll step into this one. I have been hearing over and over
again about how so many non_custodial fathers are so involved in their
childrens upbringing, and since this woman is a crack addict, and the
father must have witnessed this woman high when he was exercising
his rights as a father and visiting his children, it was his moral duty
to protect his children.
actually, I feel that both parents are responible for the upbringing of
a child and neither one is excused with the excuse of divorce.
re: azar case, I can't comment, the only things I've read regarding the
case are from this file.
vivian
|
767.120 | | VLNVAX::OSTIGUY | | Fri Sep 22 1989 10:08 | 11 |
| .119
I agree. It's not hard to spot a coke addicit. In fact, it's pretty
damn easy. If this father was visiting with his children on a regular
basis, I can't believe he didn't know the mother's condition. He
should have made steps to stop this by at least removing his children
from the situation. Who knows, he could possibly be an addicit himself
and therefore felt he didn't have any responsibility.
Anna
|
767.122 | Where can we find out about Dad? | TLE::D_CARROLL | On the outside, looking in | Fri Sep 22 1989 10:56 | 21 |
| re: the father's duty...
Well,does anyone have any actual information, or know where some might be
found?
Does he live anywhere near the mother? Does he have visiting rights? Did
he perhaps already file for custody, and have his application rejected, or
was still in court when this incident happened?
Before we go bashing the father's *moral* obligations, let us at least know
for sure what the situation was.
Legally, it is not child abuse to leave the children in the care of an
addict mother. He *has* to leave the kids there, even if he wants to take
them, if the court awarded her custody in the divorce! Perhaps he has a
moral obligation to his child, but legally, the whole *point* of custody
is that the guardian awarded custody has the right and reponsibility of
raising the child, and short of appealing the decision, there isn't much a
noncustodial parent can do.
D!
|
767.123 | | RAINBO::TARBET | Sama budu polevat' | Fri Sep 22 1989 10:57 | 11 |
| Mark, I think you may be missing Vivian's point: if we're so willing
to talk about "parental responsibility" in the case of the woman, why
aren't we willing to talk about it in the case of the man? If a woman
can have her sentence increased because she failed in her
responsibility as a mother, why don't we go after the man for failing
in his responsibility as a father? Do we assume that he has none? Do
we say he's excused if he's not around? Do we say he's excused because
failure to prevent some act is unimportant? What lets him off the hook
in your mind?
=maggie
|
767.124 | reworded in the interest of better communication | WAHOO::LEVESQUE | You've crossed over the river... | Fri Sep 22 1989 11:21 | 42 |
| Vivian et al-
I can't believe that you are trying to paint the father as the bad guy here
(well, actually I can, but that's another story). It is amazing how far people
will go to justify those people who they are like, and attack people they are
unlike.
You have made a number of assumptions (all which just _happen_ to put the
father in the worst of all possible lights). Why didn't you do that for the
mother? SEXISM!!!!!!
"If the father was visiting his children..."
"the father must have witnessed this woman high when he was exercising
his rights as a father and visiting his children,"
>divorce does not legally
or moraly absolve him of fatherhood. "
Can you see how I might disagree with your premise?
I know you understand the implications of a divorce. I know you understand the
implications of custody. You really and truly have no idea about the facets of
the case that involve the father (even their existance) because you didn't know
that they were divorced (so I doubt you know what the visiting arrangements
are.)
I will agree with you on one point, though. IFF the father saw that the mother
was an addict, it was his moral obligation to go through the legal channels
to attempt to remove his children from her care.
We know nothing of the father whatever. It is very possible that the reason
they got divorced was because he was an unfit father. We just don't know.
It is useless to speculate about those aspects of the case.
Do you really believe that the system of justice in this state is so perverted
as to ignore a man's crime while punishing a woman's?
I'm sorry I got so angry and shouted. It just seems like another case of
partisanship to me.
The Doctah
|
767.125 | | WAHOO::LEVESQUE | You've crossed over the river... | Fri Sep 22 1989 11:28 | 38 |
| >if we're so willing
> to talk about "parental responsibility" in the case of the woman, why
> aren't we willing to talk about it in the case of the man?
I am perfectly willing to discuss the father's role in parental responsibility
in the case. I prefer to know the pertinent facts about the father before
making my "judgements" about his role, that's all.
>If a woman
> can have her sentence increased because she failed in her
> responsibility as a mother, why don't we go after the man for failing
> in his responsibility as a father?
It all depends on what the situation is. We really don't know anything about
the father except that he and the mother are divorced. If he were in a coma
while this were happening, who'd really expect him to do anything? My point is
not that he was in a coma or anything like that- it's just an inkling of how
little we know about the father in this case.
>Do we assume that he has none?
I don't really want to assume anything. I suppose, I'd like to think he had
nothing to do with the whole situation, but I'd feel the same way if the roles
were reversed.
>Do
> we say he's excused if he's not around?
Perhaps. Perhaps not. It depends on more than his physical proximity.
>What lets him off the hook
> in your mind?
Ah, but he's NOT off the hook. Neither is he on. You have to first find out
if this particular fish resides in this pond before we attempt to decide whether
we've failed to catch him or not. :-)
The Doctah
|
767.126 | | RAINBO::TARBET | Sama budu polevat' | Fri Sep 22 1989 11:46 | 7 |
| Mark, the tenor of your note suggests to me that you have already
absolved him of responsibility; I offer in evidence your apparent
inability/unwillingness to appreciate why Vivian raised the issue: you
ascribed it to sexism rather than regarding it as even a legitimate
question.
=maggie
|
767.127 | | WAHOO::LEVESQUE | You've crossed over the river... | Fri Sep 22 1989 12:28 | 28 |
| >I offer in evidence your apparent
> inability/unwillingness to appreciate why Vivian raised the issue: you
> ascribed it to sexism rather than regarding it as even a legitimate
> question.
I don't question the legitimacy of the question itself. I question the manner
in which it was raised, and the implication that all factors aligned in the
worst possible way regarding the father's role.
I certainly wondered about the role of the father. It's a perfectly legitimate
question. On the other hand, I didn't wonder by thinking "Jeez- they should go
after him too- he failed as a parent." I thought "I wonder why the father
didn't do anything to stop this."
I think this is similar to the David Azar case. I haven't heard anyone claim
that they should go after Mrs. Azar for negligence (nor should I). And she
lived in the same house and saw the kids every day. But I am hearing a (minority
admittedly) claim that the father must have been in some way responsible in
this case. Perhaps my memory has failed me, but did the same individuals
"raise the legitimate question" of the mother's involvement in the Azar case?
Then why is there a difference in this case? I cannot help (being the lazy
individual I am) but think that sexism is involved here (actually, partisanship
is probably a better word). Now it may very well be that sexual partisanship
is not the major issue here- it may not even be present at all, but in my
laziness to find another cause, I can only see the most obvious. Perhaps you
can see a less obvious (and no less important) reason?
The Doctah
|
767.128 | | VLNVAX::OSTIGUY | | Fri Sep 22 1989 12:59 | 7 |
| .127
You're wrong about no one mentioning David Azar's wife responsibility
to her daughter. I did.
Anna
|
767.129 | | CSC32::SPARROW | MYTH me once again | Fri Sep 22 1989 13:08 | 15 |
| re .-1
I raised the question because it takes two people to make a child.
at no time did I try and defend the woman for doing what she did.
Is it because I am a woman that you doubt my ability to question
without some sort of bias??
I was wondering why the father, who NOW has custody, was not
responsible for his child and why the conversations all appear
to say what her responsiblities are and ignore the fathers role
completely.
vivian
|
767.130 | | CSC32::SPARROW | MYTH me once again | Fri Sep 22 1989 13:12 | 2 |
| opps, anna's reply got in before mine, my note is in response to
-2, or to Doctah
|
767.131 | | WAHOO::LEVESQUE | You've crossed over the river... | Fri Sep 22 1989 14:38 | 33 |
| > You're wrong about no one mentioning David Azar's wife responsibility
> to her daughter. I did.
If I remember correctly, you asked something like "Where was the mother
during all of this?" (Please correct me if I'm wrong.) I don't recall anyone
saying anything about "going after" the mother. (And I interpreted the questions
about the father's role <and corresponding assumptions> to be implying that
we should be going after the father.)
> Is it because I am a woman that you doubt my ability to question
> without some sort of bias??
Certainly not. I am only questioning the manner in which the subject was
raised. It seemed to me that you were advocating "going after" the guy. It would
definitely satisfy my personal curiosity if we knew what the arrangement was
between the father and mother/kids.
> I was wondering why the father, who NOW has custody, was not
> responsible for his child and why the conversations all appear
> to say what her responsiblities are and ignore the fathers role
> completely.
I guess it also is a question of what you mean by "responsible for his child."
If you mean "why didn't he prevent this crime?" there may be any number of
reasonable answers (and equal number of unreasonable ones, too.) The way you
ask the question, it seems that you are accusing him of not being responsible
for his child. And I ask you, do you or do you not feel the same way about
him that you feel about Mrs. Azar? And if not, what is the difference, and to
what do you attribute this difference?
The Doctah
ps- Again I'd like to apologize for losing my cool and shouting.
|
767.132 | | VLNVAX::OSTIGUY | | Fri Sep 22 1989 14:51 | 19 |
| Yes, Doctah, I did say "where was the mother during all the this" and
I also went on to mention whether the child went to her 'well baby'
visits and doesn't the mother know what her babies body look like at
all times, blah blah blah...... If Mrs. Azar had kept the
appointments, did know what her child's body looked like, why didn't
she take responsibility at that time. Just like why didn't the father
of this child take responsibility when his ex-wife was a coke addicit?
Unless I missed something in a previous note, (which is likely) I don't
really think anyone feels the father should be put into prison for not
taking responsibility for helping his children. Just up and giving
the children to him when maybe the state should maintain custody of them and
let them live with the father if he proves he can be responsible.....
Why is the father all of a sudden able to be responsible now, when he
wasn't/couldn't (I don't really know which) before?
Anna
|
767.133 | how you said it | ULTRA::GUGEL | Adrenaline: my drug of choice | Fri Sep 22 1989 15:00 | 9 |
| re Doctah,
It's not the what you said that's getting you in trouble right now.
It's how you said it, and all the baggage that you tied up with it
about reverse sexism and other bunk.
Actually, D! Carroll said the same thing that you did, but somehow
she didn't receive any flames for it. Why is that?
|
767.134 | I don't *feel* in trouble | WAHOO::LEVESQUE | You've crossed over the river... | Fri Sep 22 1989 17:29 | 27 |
| re: Anna
> Why is the father all of a sudden able to be responsible now, when he
> wasn't/couldn't (I don't really know which) before?
This is exactly what I'm talking about. On what basis do you make the
proclamation that the father was not responsible for his children at the
time of the crime?
re: Ms. Gugel
> It's how you said it, and all the baggage that you tied up with it
> about reverse sexism and other bunk.
I don't believe I ever mentioned the term "reverse sexism." I believe I said
"sexually partisan." In any case, I remain waiting for an answer to my questions
(acknowledging that the delay is most likely a result of actual work occurring).
> Actually, D! Carroll said the same thing that you did, but somehow
> she didn't receive any flames for it. Why is that?
Because she didn't challenge people like I did. Also, I raised issues that
tend to make people really examine their position and justify it. D! couched
her objections to attacking the father in much nicer terms. (Which I
appreciated, BTW).
The Doctah
|
767.135 | Why do you want to find the father guilty? | CECV03::LUEBKERT | | Fri Sep 22 1989 22:08 | 63 |
| Coke addicts are not necessarily that easily detected. I just learned
that the guy my niece was living with was a coke addict and I've
visited them on a few occasions.
Fathers still win custody in a very disproportionately small number
of cases. They also lose visiting rights much more frequently than
I expect is warrented. Look at the Muribito case in NH. The mother
claimed that he had raped the children. He immediately lost access
to them for years while he defended his case. He was found not
guilty. Opinions were expressed by those involved that neither
parent acted responsibly in the trial. A custody battle ensued
in which he won custody. She avoided the finding by taking the
children. She was found in Montanna with the children. Her landlords
expressed the opinion that she was not a good mother. The children
are put in a foster home in NH. She again charges the husband with
rape (I thought that double jepardy was against our legal system.
Once found not guilty, you are not to be tried again.) Anyway, despite
having successfully been declared not guilty of rape in court and
having been awarded the custody of the children, he is again denied
them. Now they each get access. The foster mother expresses the
opinion that Jesse is not good for the children, that she upsets
them. They do not sleep the night before or the night after her
visit. All goes well with the father's visits. Jesse has suits
asking for Mark to be denied all access in all possible findings
of his guilt. She also threatens suit against the foster mother.
(I don't know if this was filed.) Now I'm not convinced that Mark
did not rape or molest his children, I just question why there is
a second round. Why did the people from Florida just step in now
to accuse him of such activity decades ago? Why has he been unable
to get custody of the children even after he was awarded custody?
My observation is that for several decades, custody battles have
been decided in the mother's favor in such a preponderance of cases
that I believe it represents a case of sexism. I think it is beginning
to move toward parity, however. But until recently, custody has
been considered the mother's right unless she is proven to be unfit.
The father's fitness for custody was only material if the mother
was unfit.
My points are:
1 Coke addiction is not always detected unless you're with the
addict at all times.
2. The father's fitness was probably never a factor.
3. If he was separated from the mother, he probably was not
in a position to see much. If he were, I would probably expect
him to do something, as I would it the case of a mother who was
around and doing nothing to protect her children.
I say all this because I definitely detected an unfair attack
on the father because there was no evidence of his negligence or
wrongdoing, while there was reason to believe he might not have
known or even to have been able to do anything about any suspicions
within the law. The mother, on the other hand, delivered her daughter
for rape. And I use the word "attack" because I did not read, "where
was the father", but rather various views of how he was (at least
probably) as guilty as the mother. The fact that the father did
not have child custody just reflects the norm, not his lack of fitness
for custody. This, like any sexist bias, needs to end.
Bud
|
767.136 | nit | RAINBO::TARBET | Sama budu polevat' | Mon Sep 25 1989 10:23 | 12 |
| <--(.135)
� She again charges the husband with
� rape (I thought that double jepardy was against our legal system.
� Once found not guilty, you are not to be tried again.)
"Double jeopardy" refers to being tried twice on the _same_ charge, not
on the same _type_ of charge, Bud. A person found innocent of robbing
a bank on one occasion could still be tried and found guilty of robbing
it on a different occasion.
=maggie
|
767.137 | | VLNVAX::OSTIGUY | | Mon Sep 25 1989 11:42 | 32 |
| I think it's very easy to detect a coke head. Very easy.... People I
don't even know, I can tell by their sniffing, avoiding of your eyes,
heads down wiping at their noses, some still have white power stuck
under there nose, consistently drinking water, parinoida (sp?),
attitudes. (Of course I'm not saying everyone that has any of these
on their own are cokeheads......) I guess it just takes experience
of being around cokeheads. My brother-in-law who lives in another
state was an apparent cokehead/crack/drunk ended up getting help at
one point. After about a year or so of not hearing from him (not
unusual not to hear from him) I knew he was back on the stuff after one
phone call. I really don't believe you have to be with someone all
the time to know their drug habits.
Doctah, I believe the father knew in his heart that his children were
being raised by a cokehead. I believe he should have done something
to stop it before it got to this point. Even if the court did award
custody to the mother, if it were my child, I would have done ANYTHING
to get him out of the situation. Hell, it seems that in this case, the
father could have 'bought' his children from the mother; she seemed so
despate for drug money! I'm just make my own assumptions here, I don't
know if the father did see his children on a reqular basis or not;he
could very well have been out of their lives. Maybe he really didn't
know about his ex-wife. But in my opinion, he did. Also, I hope my
son will tell me if he was in a situation like this, I'd do something.
If this father's children did tell him what's what, he should have
done something. The only way I could see if the father hadn't done
anything to help his children, was if the father is as much of a coke
head as his ex-wife.
Anna
|
767.138 | | CSC32::SPARROW | MYTH me once again | Mon Sep 25 1989 13:09 | 32 |
| refering to the question of me "wanting" to find the father guilty, I
did not. I wanted to know why there was no mention of him regarding his
responsiblilties.
It is very easy to spot a "coker" as mentioned by a previous note,
If there was any question as the the fitness of the mother, all
he or anyone has to do is call child services and they will
investigate.
I did not say to go "after" the father, I asked where he was. If you
choose to read the supposed bias or whatever words you want to use for
sexist, into my question, its something you should examine. I feel my
question is just a question, nothing more. if you as a male read more
into it, it is purely from your own perspective.
and regarding the Azar case, I cannot say how I feel about the case, I
don't live in NH, I do not read the papers from there, and
*******I have not read the note!*****
my feelings are and will always be, that BOTH PARENTS are responsible
for their children. being non-custodial does not relieve anyone, male
or female of their responsiblity towards their children. If there is a
question as to the custodial parents fitness, call social services. if
you get no results after one call, call again. If you suspect a parent
is using drugs and endangering their child, call social services.
I personally don't care what gender the parent who sold their child
was, it was a dispicable act. if the parent had been the father, I
would still question the whereabouts of the mother.
is there anything else you want me to explain of my own purely personal
perspective?
vivian
|
767.139 | | WAHOO::LEVESQUE | You've crossed over the river... | Mon Sep 25 1989 13:36 | 37 |
| re .137
> Doctah, I believe the father knew in his heart that his children were
> being raised by a cokehead. I believe he should have done something
> to stop it before it got to this point.
On what basis do you make this claim? (Why do you believe this? Do you have any
facts at your disposal that would make us better able to see the relationship
of the father?) How do you know he did not do anything to stop it?
>I'm just make my own assumptions here,
I think it's very dangerous to base any sort of discussion on assumptions,
when the reality may be significantly different. If you want to discuss a
generic case and make all the assumptions you want, I'd be happy to join you.
But if you are going to discuss a particular case, it doesn't make sense to
make critical assumptions (IMO).
>Maybe he really didn't
> know about his ex-wife. But in my opinion, he did.
I can't see how you can say that (given the same information I have).
re: .138
> It is very easy to spot a "coker"
It can be easy, especially if one's use is out of control. It can also be
impossible.
If the father had regular contact with his ex-wife, he probably should have
been able to tell that something was up (judging from her willingness to do
anything to get the drugs.) The problem is, we are not in a position to say
whether he should have or shouldn't have because we lack the information
necessary to make such a judgement.
The Doctah
|
767.140 | Balanced view | CECV03::LUEBKERT | | Mon Sep 25 1989 20:27 | 50 |
| I agree that, if the father was in regular contact with his children
and his ex-wife, he might have been able to detect the problem.
(This is assumption because I don't know what contact he was allowed
to have or whether there was a marriage. Does anyone?)
I was not able to detect that my neice's roommate was a heavy coke
user, but I am told that he was. Perhaps my inability to detect
is a result of my not looking for problems or not knowing much about
drugs. I have heard the symptoms listed in previous replies, and
he did not show them. I know I didn't like him and felt that he
was not good for my neice, but that was just an unfounded feeling.
(Or perhaps founded, but I had not identified what the problem was.)
But if the father detected something wrong that would be grounds
for an investigation of the mother, he should certainly have done
something. The something might not have done any good, in fact
it is entirely possible that he was doing something. (Again, I
don't think anyone here knows.) I recently read about a case in
which a Nashua minister was jailed for writing to a judge in a custody
case. He complained that the testamony of various social service
professionals who testafied in a custody dispute should be listened
to in awarding custody to the father and not the mother. Despite
all their testamony, and none supporting the mother, she got custody.
The minsister got involved because he had been their minister and
he saw how the children were being mistreated. This minister was
jailed for "contempt of court" for writing this letter after the
case asking for a reversal. Judicial arrogance! But my point is
that the father may not have been able to do anything, and this
is an area of considerable discrimination against fathers.
I don't object to raising the concern about where the father was
and why he didn't help. There is plenty of room for conjecture
as to what happened and why. Apparently, there is not any room
for conjecture about the mother. If the father had been fighting
all along for custody, and this incident gave him sudden custody
then that's wonderful. If he was living in a new world of "personal
freedom" from his family responsibilities or was not sufficiently
concerned about the problems that he was aware of, I agree that
he too should receive punishment. So raising the question is
reasonable, but only looking at the worst senario of his actions
and motives when he could have just as easily been working hard
to free his children is not fair or reasonable. When only one
possibility is looked at, I am left wondering why the negative
possibilities alone are examined. Perhaps the father was in jail
for objecting just as the minister above was. There are really
lots of possibilities. The cokehead mother could even still be
the better parent. Now that's a really frightening thought!
Bud
that the mother was
|
767.141 | Thank You, Bud. | MOSAIC::R_BROWN | We're from Brone III... | Tue Sep 26 1989 18:47 | 6 |
|
Thank you for the sorely needed objectivity.
-Robert Brown III
|
767.142 | A different coke related story | ACESMK::POIRIER | | Wed Sep 27 1989 10:25 | 22 |
| Yesterday while I was home sick I watched Geraldo - topic mothers who
lost custody of their children to rich husbands when both of them were
on cocaine.
According to one woman the judge said because she was on coke "she was
a tramp and unfit to be a mother". Her husband on the other hand was
just "sowing his oats." The other woman was also seen as unfit yet
her husband was excused for using cocaine - the reasoning - he was
much older than his wife and was using cocaine to "keep up with his
younger wife."
In both cases these were very wealthy men (sorry cannot remember the
names). Both husband and wife used cocaine. When they divorced the
cocaine was used against the women to prove that they were unfit - the
men got custody even though they were coke addicts as well. It's
excusable for men but not for women. Both of these women have since
kicked the habit, made some riches of their own and are going back to
fight for custody of their children.
So a crime is inexcusable when your a mother - but okay when you are a
father?
|
767.143 | | VLNVAX::OSTIGUY | | Wed Sep 27 1989 11:30 | 6 |
| Yes, one of the women was probably Roxanne Pulitizer (sp?). Not only
is her ex-husband a cokehead, he was the one that first introduced it
to her.
Anna
|
767.144 | | WOODRO::KEITH | Real men double clutch | Wed Sep 27 1989 11:46 | 10 |
| RE .142
Remarkable!
BUT!
I deem this as a rich vs poor as opposed to mother vs father.
Neither on should have had them!
Steve
|
767.145 | | WAHOO::LEVESQUE | You've crossed over the river... | Wed Sep 27 1989 12:20 | 13 |
| I had to watch the baby yesterday (she's sick) so I saw a portion of the
program. It seemed to me that the situation had little or nothing to do with the
actual drug use- it was a case of rich men buying a favorable verdict. Now
I'm not saying that anyone was bribed, but the rich men (yes, Pulitzer as one)
hired high priced sharks (synonym for lawyers) and overpowered the women.
I appreciated the complaints by the women about "yellow journalism." There's
little doubt that the media has had a negative impact on these women.
All in all, it's a sad situation where the more privileged ream the less
privileged. (An all too common occurrance.)
The Doctah
|