Members Of Congress Join Chorus Calling For Judge Persky’s Removal

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Multiple petitions demanding the judge’s removal have topped 1 million signatures.

Members of Congress are joining a growing chorus of people demanding the removal of the judge who handed down a six-month jail sentence to a former Stanford University student who sexually assaulted an unconscious woman.

Over 1 million people signed a petition on Change.org asking the California legislature to start impeachment proceedings for Aaron Persky, the judge in the case. Meanwhile, more than 1 million people have signed separate petitions circulated by UltraViolet and MoveOn.org to ask the California Commission on Judicial Performance to remove Persky from the bench. Organizers spoke with sexual assault survivors in San Francisco on Friday afternoon.

All of this is fine and dandy regarding this judge and his mindless sentence. Indeed removing him from the bench for this act is good…BUT
….what about someone rescinding the damage this judge has done with what amounts to a 3 month sentence for rape.

How can that be rectified?

Can an appeals court get rid of this sentence and give this victim justice?

Any lawyers in the house

a reply to: Willtell

No, because that is double jeopardy, would you want to get resentenced after you were sentenced?

a reply to: Sargeras

You can't be tried twice for the same crime, but the prosecutor can appeal the sentence. That is not double jeopardy.

Double jeopardy would be example: You murder someone in Tenessee and then transport the body to Florida and throw it in a swamp. Tenessee can try you for murder, Florida can try you for improper disposal iof a body. Both states can;t try you for murder. That would be double jeopardy.

In that example, Florida can't hit you with a more harsh sentence for improper disposal of a body based on the fact you murdered it, sometimes that is double jeopardy.

a reply to: Willtell

The only way a sentence can be changed is if the sentence violates a mandatory minimum. I don't believe CA has any law like that so what this judge did is final.

The only way a person can be tried for the same crime twice is if the federal government files federal charges. I don't ever see that occurring in this case and to be honest that action, based on my experience and research, is rare. For those who don't understand the state and federal government are separate sovereigns.

a reply to: Willtell

There should have also been a petition to impeach Judge Jean Boyd who ruled in the "Affluenza" case of Ethan Couch. That rich kid killed 4 pedestrians while driving while intoxicated and he only received probation! Does everyone else see the correlation between lenient sentencing for the rich compared to the rest of the population?

If you don't think we have 2 separate justice systems, think again. We have 1 system for government officials, the police, the rich and affluent, and 1 system for everyone else who doesn't fit into those categories.

Thanks for the sober responses. I didn’t think double jeopardy was an issue since I wasn’t speaking about him being tried again.

But I had heard someone say that the defense was actually going to appeal. Isn’t that ironic.

He’s going to appeal the life time sex offender label that this rapist will have on him...I think I read some where.

I was not sure that a prosecutor could appeal.

a reply to: Willtell

Generally speaking no a prosecutor cannot appeal a court verdict. There are some technical areas where an action by a judge / order of a court can interfere with prosecution, allowing a prosecutor to "appeal" the courts actions.

Once jeopardy is attached or an acquittal occurs a person cannot be retried and prosecutor cant appeal / bring new charges.