Aaron Persky recalled after Brock Turner Decision | The Odyssey Online
Start writing a post
Arts Entertainment

The Brock Turner Case Judge Just Got Recalled

Aaron Persky, who presided over the Brock Turner sexual assault case, just became the first California Judge in over 80 years to be recalled. Here are the Pros and Cons:

143
The Brock Turner Case Judge Just Got Recalled
Instagram: Colleen Fenerty

In 2016, Aaron Persky, who has sat on the Superior Court of California since 2003, sentenced Brock Turner to just six months in prison (with 3 years probation) after he was found guilty on three sexual assault felony charges which should've given him a max of 14 years in jail.

The case made national headlines for more than a couple of reasons, including Turner's status as a Standford Varsity Swim Team member, Persky's over-lenient decision, and the victim's (known publically as 'Emily Doe') 7000+ word personal statement which she both published online and read aloud to her predator.

Her letter gave a vulnerable and first-hand account of her traumatic experience with not only the attack itself but also the investigation and legal procedures which followed. She cited Persky's decision as, "a soft time­out, a mockery of the seriousness of his assaults, an insult to me and all women". And she's right: Persky's decision ultimately protected the rapist over the survivor in this situation.

Brock Turner Mug Shot

Persky justified his minimal sentencing by expressing his worry that a serious or intense sentence would 'severely impact' Turner, who he believed did not pose a future threat to society. To me, and I'm sure most would agree, this decision was an extreme injustice towards 'Emily Doe', towards all rape and sexual assault victims, and towards women in general.

It epitomizes a common flaw in the American judicial system that struggles to decipher the difference between wrong and white. Many critics against Persky postulate that Brock Turner's caucasian, upper-middle-class socioeconomic, and athletic status introduced a bias into Persky's controversial ruling.

If someone of a different background had penetrated an intoxicated and unconscious woman without consent like Turner had, it's not too far of a stretch to assume the punishment would've been much worse, and more worthy of the crime committed.

Judge Aaron PerskyAnda Chu/Bay Area News Group

Michele Dauber, a law professor at Stanford and also a family friend of Brock Turner's victim, began a massive wave of anger and frustration against both the court's decision which would ultimately lead to 60% of California voters calling for Persky's recall. The movement strived to challenge the current judicial and legislative response to sexual violence crimes and call politicians and judiciary officials to take them more seriously. Four months after the court's decision against Turner, Dauber's campaign convinced California Governor, Jerry Brown, to enact a law imposing mandatory minimums in sexual assault cases and removed a 'loophole' allowing less harsh punishments if a victim was under the influence of alcohol (Chokshi). Professor Dauber and her fellow supporters of change didn't stop there.


Michele DauberRAHIM ULLAH/The Stanford Daily

Following the announcement of the primary election results in early June, Dauber released a statement declaring that "the voters of Santa Clara County are the winners of this election,... We voted that sexual violence, including campus sexual violence, must be taken seriously by our elected officials, and by the justice system." While, yes, a momentous action such as the early termination of a Superior Court Judge's time in office shines a legitimate light on the importance of avoiding misogynistic, racially-oriented, or power-related biases in sexual crime cases, some saw the recall as "a threat to the basic judicial independence" (Dolan, Grad).

The recall may seem like the right move following the backlash of the Turner case, but there's actually a large number of individuals against the motion. 91 California Law Professors, including 20 from Stanford (the school that Brock Turner attended but is now banned from), joined together to sign a statement of opposition.

They believe that the recall of a judge in the aftermath of such a divisive case not only promotes mass incarceration but also persuades judges to approach their cases in the future with a heightened sense of awareness and fear of the public opinion.

When new elections for judiciary positions open up, courts tend to dole out harsher and longer sentences to influence their voter approval. The group of anti-recall professors wrote in their statement that, "a fair and equitable justice system requires judges who dispassionately assess the culpability and background of offenders, without fear of public opinion, balancing the goals of retribution, deterrence, and rehabilitation."

During past election seasons, the death sentence rate increased by 15% in Chicago and 3,000 additional years of incarceration were tacked on in Pennsylvania. As far as criminal injustice goes, there's concern that these harsher and less subjective sentencing initiatives will affect a different demographic than Dauber and other advocates intended to restrict. Minorities and those less financially sufficient may be unable to attain proper legal representation or be treated unfairly because of their background.

"Reject the Recall"Jeff Chiu/AP

In my opinion, Persky made a horrible decision in the Brock Turner case. Sexual assault or rape of any kind, committed by any person, is completely unacceptable and one of the most horrific acts a person can commit. It doesn't matter if you are a 'nobody', a college athlete, a first-time offender, a man, a woman, white, black, or brown: you deserve to be punished brutally for what you've done.

The justice and legislative systems should promote standards that uphold a firm unacceptance of sexual misconduct or 'rape culture' of any kind. Yes, I do understand some of the counterarguments, but I think in this example, a precedent had to be set to make up for such a huge mistake in a case that had the ammunition to be ground-breaking in the court's treatment of sexual assault.


Other Sources Used:

https://www.nytimes.com/2018/06/06/us/politics/judge-persky-brock-turner-recall.html

https://www.buzzfeed.com/katiejmbaker/heres-the-po...

http://www.latimes.com/local/lanow/la-me-brock-tur...

https://www.nytimes.com/interactive/2018/06/05/us/...

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Featured

15 Mind-Bending Riddles

Hopefully they will make you laugh.

179745
 Ilistrated image of the planet and images of questions
StableDiffusion

I've been super busy lately with school work, studying, etc. Besides the fact that I do nothing but AP chemistry and AP economics, I constantly think of stupid questions that are almost impossible to answer. So, maybe you could answer them for me, and if not then we can both wonder what the answers to these 15 questions could be.

Keep Reading...Show less
Entertainment

Most Epic Aurora Borealis Photos: October 2024

As if May wasn't enough, a truly spectacular Northern Lights show lit up the sky on Oct. 10, 2024

6853
stunning aurora borealis display over a forest of trees and lake
StableDiffusion

From sea to shining sea, the United States was uniquely positioned for an incredible Aurora Borealis display on Thursday, Oct. 10, 2024, going into Friday, Oct. 11.

It was the second time this year after an historic geomagnetic storm in May 2024. Those Northern Lights were visible in Europe and North America, just like this latest rendition.

Keep Reading...Show less
 silhouette of a woman on the beach at sunrise
StableDiffusion

Content warning: This article contains descriptions of suicide/suicidal thoughts.

When you are feeling down, please know that there are many reasons to keep living.

Keep Reading...Show less
Relationships

Power of Love Letters

I don't think I say it enough...

452216
Illistrated image of a letter with 2 red hearts
StableDiffusion

To My Loving Boyfriend,

  • Thank you for all that you do for me
  • Thank you for working through disagreements with me
  • Thank you for always supporting me
  • I appreciate you more than words can express
  • You have helped me grow and become a better person
  • I can't wait to see where life takes us next
  • I promise to cherish every moment with you
  • Thank you for being my best friend and confidante
  • I love you and everything you do

To start off, here's something I don't say nearly enough: thank you. Thank you, thank you, thank you from the bottom of my heart. You do so much for me that I can't even put into words how much I appreciate everything you do - and have done - for me over the course of our relationship so far. While every couple has their fair share of tiffs and disagreements, thank you for getting through all of them with me and making us a better couple at the other end. With any argument, we don't just throw in the towel and say we're done, but we work towards a solution that puts us in a greater place each day. Thank you for always working with me and never giving up on us.

Keep Reading...Show less
Lifestyle

11 Signs You Grew Up In Hauppauge, NY

Because no one ever really leaves.

23161
Map of Hauppauge, New York
Google

Ah, yes, good old Hauppauge. We are that town in the dead center of Long Island that barely anyone knows how to pronounce unless they're from the town itself or live in a nearby area. Hauppauge is home to people of all kinds. We always have new families joining the community but honestly, the majority of the town is filled with people who never leave (high school alumni) and elders who have raised their kids here. Around the town, there are some just some landmarks and places that only the people of Hauppauge will ever understand the importance or even the annoyance of.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments