somber music [reporter 1] 20 year old swimming Star Brock Turner [reporter 2] the 19 year old former high school allamerican swimmer [reporter 3] the star swimmer at Stanford University [reporter 4] contender for the olympics [reporter 5] raping an unconscious woman [reporter 6] intoxicated and unconscious woman [reporter 7] passed out behind a dumpster [reporter 8] drunk behind a Stanford Dumpster somber music [chanel miller] your honor, if it is all right, i would like to address the defendant directly. You dont know me, but youve been inside me and thats why were here today. The victim made headlines by Releasing A Heart Wrenching letter detailing the rape and its aftermath. [reporter] its gotten over 15 million views on buzzfeed alone. You dont know me, but youve been inside me. And thats why were here today. I was found unconscious with my hair disheveled, long necklace wrapped around my neck. My bare skin and head had been rubbing against the ground behind a dumpster while an erect freshman was humping my half naked, unconscious body. I read that according to him, i liked it. Your damage was concrete, stripped of titles, degrees, enrollment. My damage was internal, unseen. I kept thinking to myself, the court system doesnt deserve her. Even if you win the Battle Of Proving the case in court, you still have to convince a judge that a stiff Prison Sentence is appropriate. [reporter 1] turner faced up to 14 years in prison and he got six months. [reporter 2] a slap on the wrist for a privileged white Sexual Offender at an elite university. My First Response was, wow, that doesnt sound right. That must be White Privilege going on here. Because of Good Behavior in prison, turner was released this morning after just three months behind bars. We have got to fight for a World Without rape. Its time to take a stand. What has happened here is unacceptable. Theres new pressure tonight aimed at removing that california judge. [reporter] sir . [reporter] aaron persky is coming under fire. [crowd] fire aaron persky, fire aaron persky. [reporter] activists have targeted judge persky through a recall election. We need judges who understand Sexual Assault and domestic violence. Judge persky does not. crowd cheers people widely recognize that women who have been victimized by men have not received justice. People have just had enough. Theyve had enough of women being marginalized. [reporter] the numbers are in. 62 of the voters recalling judge persky. [reporter] persky is the first california judge recalled since 1932 and what was also viewed as one of the first electoral tests of the metoo movement. When a fire is started, and i think of this the anger over this case, as a kind of fire, a lot of things are gonna get burned. somber music before i became District Attorney, i was a Deputy District Attorney for 15 years. One of the concepts within justice is Holding Someone accountable for what they have done. [reporter] frustrated prosecutors say this isnt justice. I had hoped for more time. We fought for more time. The victim deserved more time. somber music i felt that i had failed chanel. I disagreed with the sentence. And i told judge persky that. A lot of the campus Sexual Assault cases had been boiling over and may have not gone the way that the public wanted. So a lot of people were surprised that i opposed the recall. I thought the recall was wrong. I can very strongly support womens rights and work vigorously to uphold the dignity of women, and i can support the independence of judges. The judge in this case had the legal right to make the decision that he made. I think that it was the wrong decision, but the law allowed him to make that decision. What if that judge is deciding whether these Abortion Regulations are lawful . And the judge is in a place where a lot of people dont like abortion . Do you want the judge to say, im living in kansas, and so i know what people here think, so im gonna do what they want . You want the judge to follow the law. Judge persky was fair in his rulings during trial. And we looked to whether we could appeal the sentence, but we realized quickly that the sentence was legal. The judge had the discretion to sentence that way. The Probation Department recommended it. If we were to recall every judge we disagree with, we would have no judges. Judging is the best job in the world and the worst job in the world. All of the drama of the Human Experience is played out in a courtroom. These are photos when i started judging in 1982. And this was a big day, i mean thered never been a black woman judge in northern california, ever. I consider myself a feminist. And feminism to me means i am aware of and care about issues that impact women. Persky recall celebrated as a win for girls and women. It was no such thing. When i found out who the judge was, aaron persky, i began reading transcripts, the probation report, and thats when i said, wait a minute, put the brakes on here. The community, the public, the media is being misled. And those of us who know this need to speak out. Light Piano Music im jeff rosen, the District Attorney of santa clara county. My office prosecutes Sexual Assault. Ive sentenced people convicted of Sexual Assault. [da rosen] vote no recall of judge persky. Judge perskys bias is a threat to the rule of law. The idea of racial bias. Laws against Sexual Violence mean nothing if the judges who enforce them are biased like judge persky. There was an effort to say no, this wasnt a one off. This is a pattern with him. So they cherry picked five cases out of the hundreds and hundreds of cases he heard over 10 years. Those cases were all plea bargains. These are situations where the prosecution and the defense reached an agreement on the sentence. I think those are much different than the kind of case we had with brock turner. The judge, the role we play, we get presented the plea bargain. And if the plea bargain is not violative of the law, we approve the plea bargains. Now, sometimes judges bust a plea, but it rarely happens because its a deal. The guardian, they do this big story. Says raul ramirez to be sentenced to three years in prison for a case with similarities to the stanford Sexual Assault case for which brock turner will servsentence raul ramirez. T ramirez was a plea bargain. Judge persky was not the judge who accepted the plea bargain and he was not the sentencing judge. But to the recall people, it didnt matter. Judge persky has shown a clear bias in favor of men of privilege, in favor of people who abuse women, rape women, and were asking that the commission on Judicial Performance, take action to remove judge persky. The commission on Judicial Performance. The body that disciplines judges if they misbehave, if they engage in misconduct, did a thorough investigation into judge persky, into his track record, into the five cases alleged by the recall people to show bias, as well as his handling of the brock turner case. [reporter] the commission on Judicial Performance cleared him of wrongdoing and found no clear evidence of bias or misconduct with his ruling. There was no bias. It wasnt even a close case. I absolutely think that White Privilege informed the brock turner case, but in ways that are complicated. The Sentencing Guidelines recognize that he was a college student, that people saw with potential, with no record. And this stands in contrast to how this system would see a 19 year old black kid from a poor neighborhood whos a defendant. Increasing sentencing, broadening the definitions of crimes prosecuting more people, we all have this imagination that it will get at the powerful, privileged criminal offenders. But criminal law doesnt equalize the world. Criminal law does the opposite. Criminal law exacerbates inequality. Hi, my name is aya gruber. I am a professor at the university of colorado law school. And i really want to explore the role that the Feminist Movement has played in our current state of racialized mass incarceration. This Feminist Sensibility often has translated into tough on crime laws, and ive heard this a lot from feminists, right . We can be even Prison Abolitionists everywhere else, but not for Sexual Violence. That they dont have a general pro tough on Crime Community value, but they have a general pro tough on sex Crime Community value. Start your day with nature made. 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The complete connectivity solution. From the company powered by The Next Generation 10g network. Get started for just 49 a month. And ask about an 800 prepaid card. Comcast business. Powering possibilities™. He is an elected judge and he needs to be responsive to community values. Ties™. And he has to both understand where the community is with respect to Sexual Assault and the need to protect our daughters while theyre in college. Judges, for years, have already been reflecting those community values, but i think its gotten to the point in the United States where accountability means rotting in jail. metal door shuts our norm is prison. Thats whats been imposed on us as communities of color. I think about my communitys values, values of rehabilitation and that incarceration in the prisons and the jails are not the only solutions to it. light music as a participatory Defense Organizer at debug, i and a lot of other people support families who are facing the criminal or juvenile or immigration systems. light music People Chattering in background and we walk families through that system to impact the outcomes of their cases, and transform the landscape of power in the courts. How long has he been in there . 15 years. See, i didnt know how many pictures i should have brought, so i just brought a whole bunch. So we could show his life before that. Yeah. Has he thought about the commutation stuff . Yeah. I opposed the recall, because i felt that it was a misguided solution. The recall equated accountability with long sentences, an increase in mass incarceration. The way that the families at debug talked about the recall, versus the way that maybe the Legal Community and politicians talked about recall were two different conversations all together. somber music judges in california and beyond are concerned about getting perskyd. As soon as the recall was announced, an empirical study found that sentences in california immediately increased by 30 . somber music and the effect wasnt on the next brock turner. It was on the young people of color that come in through our doors at debug. Embedded within the american criminal legal system is a whole cascade of biases, starting from where the police are deployed, to which cases the prosecutors will take, to who gets convicted or is overcharged to plea, to the amount of sentencing they get. Long sentences disproportionately affect people who are nothing like brock turner. The people who suffer the most are low income and people of color. Melancholy Music weve seen judges stare families down in the face and say im going to take your loved one away from you. Those are the kind of judges who should be questioned. Like who use incarceration as the first and only resort. Mass incarceration separates families. Our homes, our streets, our neighborhoods our schools are drained of parents, of children, of grandparents who should be together with families. Instead, they have to form a relationship behind a glass. There is this basic moral instinct that somebody who does wrong should have consequences for that. [reporter 1] former stanford swimmer brock turner was sentenced to just six months in jail. Serving just half his jail term. [reporter 2] three months of a six month sentence. Ive got bad dye jobs that last longer than three months. That is the type of sentence you get for a sack of weed. For raping someone, its another pass that theyre giving him. The media uniformly covered this as a case of under punishment, as a slap on the wrist. Brock turner was convicted of felony Sexual Assault. He was sent to jail. He was placed on a registry. He has to register as a sex offender for the rest of his life. He is restricted in where he can live, work, with whom he can associate. If you dont know somebody whos been on a registry, if you have no relation to that, then you might imagine that this is nothing. somber music theres no one more vocal in defensive of chanel than i am but the recalls not the right way to protect future victims of Sexual Assault and prevent another brock turner from happening. We need to shift our frame in thinking about how to deal, not just even with violence against women, but all kinds of violences, dysfunctions, social problems. The energy and the kind of anger that really came through in the recall was to quench the publics thirst for punishment. dramatic music and for vengeance. Do we want a legal system that does that . Hell no. If we look historically, it was people of color and low income people who got slammed in the courts. As a feminist, thats not what i think the Feminist Movement should be about. It wasnt that brock turner didnt deserve the kind of careful analysis that the judge gave him. Its that everyone does. [crowd] chanting what do we do . Stand up, fight back. While black men are under attack. Crowd Chanting in background [police officer] this assembly is unlawful. You are ordered to disperse. [prof gruber] today we have a real opening, because of the tireless work of racial justice, grassroots advocates, but other forces can push back on that momentum. Close rikers now. One of them can be when feminists who are rightly and importantly seeking sexual justice, when they valorize that system of harsh punishment, all the public work thats been done to see that system for what it is can fade. somber music seeking harsh sentences within our mass incarceration system is just a poor way to try to bend the moral arc towards justice. somber music light music light music continues light music continues inner voice Kombucha Brewer if i just stare at these payroll forms. My Business Payroll taxes will calculate themselves. Right . Uhh. Nope. Intuit quickbooks helps you manage your payroll taxes, cheers with 100 accurate Tax Calculations guaranteed. Want your clothes to smell freshly washed all day without heavy perfumes . Try downy light inwash freshness boosters. It has longlasting light scent, no heavy perfumes, and no dyes. Finally, a light scent that lasts all day. Downy light psst psst ahhhh. With flonase, allergies dont have to be scary. 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