Cris Barrish | The News Journal
(Delaware) A Superior Court judge who sentenced a wealthy du Pont heir to probation for raping his 3-year-old daughter noted in her order that he “will not fare well” in prison and needed treatment instead of time behind bars, court records show.
Judge Jan Jurden’s sentencing order for Robert H. Richards IV suggested that she considered unique circumstances when deciding his punishment for fourth-degree rape. Her observation that prison life would adversely affect Richards was a rare and puzzling rationale, several criminal justice authorities in Delaware said. Some also said her view that treatment was a better idea than prison is a justification typically used when sentencing drug addicts, not child rapists.
Richards’ 2009 rape case became public this month after attorneys for his ex-wife Tracy filed a lawsuit seeking compensatory and punitive damages for the abuse of his daughter.
The fact that Jurden expressed concern that prison wasn’t right for Richards came as a surprise to defense lawyers and prosecutors …(Full text at Delaware Online)
If you watch Fox News commentator Bill O’Reilly with any regularity, you know he is responsible for focusing national attention on this outrage. His relentless criticism has raised concerns everywhere except, it seems, Delaware, where outrageously lenient courts are status quo and special treatment for aristocratic bloodlines is expected.
In any case, Paco is highlighting this item to underscore the slippery slope of considering the possible ill effects of prison in assessing PUNISHMENT.
Nobody fares well in prison, after all, IT IS PRISON. People who abuse children MUST be sent there–Many argue they should be sent there to ensure they are unable to fare well. Paco says they must go because it is JUST.
Whatever process is required to remove a Judge from the Bench, someone in Delaware ought to be proceeding. It’s bad enough to grant probation for baby rape but to do so out of concern for the predator is antithetical to the very roots of criminal justice.
Judge Jurden must be removed from the Court: She isn’t faring well there.