If Brett Kavanaugh were 17 today
The following are excerpts from a story in the Minnesota Star Tribune.
- Changes in the juvenile and criminal legal systems have made our laws measurably more punitive than they were when he was an adolescent.
- There is a large, well-documented and growing body of scientific research and evidence showing that people can (and often do) change very much after age 17 and that teenagers should not be held culpable for their actions in the same way as adults.
- If Brett Kavanaugh were 17 today and his accuser came forward with these allegations, he would be presumptively tried in adult criminal court, rather than juvenile court. If he were convicted, he would face the possibility of a serious prison sentence. He would be required to register as a sex offender for a minimum of 10 years, and possibly longer. He would be barred for life from pursuing a wide variety of licenses and professions, including most likely the legal profession.
- I don’t know whether Kavanaugh will be confirmed as the next justice of this court. But if his past is redeemable, why not the many other adults who are still paying the consequences of their teenage actions?
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What other crime besides a so-called sex crime can you be convicted of with no physical or forensic evidence?
None!
If he is confirmed, I wonder if he will feel compelled to take a hard-line stance on any registry issues (Ex Post Facto) that come before SCOTUS, or if he will truly follow the constitution as it is written?
All I ask of any judge is that he/she rely on the original intent of the US Constitution. Today such judges are difficult to find.
Well said sir. Political Correctness has eroded the sacrosanct presumption of innocence the Constitution affords any accused. Commiecrat after Commiecrat “believes” Ford? She has told a story; not “her truth” supported by one shred of evidence. I wonder if any of the #MeToo minions would request an FBI investigation on themselves were they accused of a crime? Is it now up to any accused in the USSA to prove that they’re innocent? That certainly seems to be the way we’re going here.
Interesting thought! The registry is public shaming and he’s likely to see this as such. Dr. Ford and the new woman making accusations are not only hurting Mr. Kavanaugh but harming those who really were sexually abused. The term “The boy who cried wolf” comes to mind.
He now really knows what it’s like to be accused and vilified, considered guilty even before going to court.
This feels 100% like a political homicide. The bullet is a sex crime accusation. The first one didn’t go so well, so a second “bullet” is being used. If that doesn’t work, you bet there will be a third.
Nicholas I agree completely. If Kavanaugh is confirmed I hope he remembers how easy it is for someone to completely destroy someone else’s life by just allegations. The “Me Too” movement has fueled it and news media has found a new pot of gold. The movement has been wrongly named though it should have been named the “It’s All About Me “ movement. Do some people not have a life. I’ve been wronged plenty in my life but you have to get off the ground pick yourself up go on with your life , leave it behind you and don’t keep going back and wallowing in the mud. I have daughters which I love dearly and would do anything for but I would tell them the same thing. There not doing themselves or anyone else any good by trying to go back and stir up poop that happened years ago.
DavidM, well said!
Who knows what causes us to do what we do at times in our lives? Fortunately we can all have the opportunity to change. We cannot undo our failures but we can learn from them and help others avoid the same traps we fell into. Unfortunately we have too many judging who are themselves ‘perfect’…just ask them…and therefore do not care if another person takes corrective action in their lives. They do not understand corrective action since they feel they are not in need of any…at least not until they get caught. I consider myself as ‘stupid’ for doing what I did and for the reasons I did what I did, but I consider myself wise for letting my failures correct me and teach me.
Let’s not overlook the current rules of evidence that would have blocked all indications that the claim is false and conviction would be near certain. It doesn’t matter what the laws say – in practice, those accused of sex crime are never allowed to defend themselves anymore.
There’s no other class of crime I can think of where a simple accusation is considered proof enough to convict.
These have been practically my exact words to others whenever the subject would come up. But I could add. Since there is no statute of limitations in Maryland if they decide to order a FBI investigation and he is determined to be guilty than the criminal justice (injustice) system would be obligated to file charges against Kavanaugh and his future as a judge of any kind would be over. As well as any job that includes background checks, very few don’t.His family life would be destroyed his kids would suffer. Because of being on the SOR but of course this is not punishment. Is it?
If he is confirmed perhaps this experience will lend him some vision into what this population already faces.
I did look at his background a little online a few weeks ago. Some of his decisions DID include an opinion that accusers did have an unfair advantage over the defendants, and that “she said” evidence needs to be backed up with additional evidence before it can be deemed credible. However, now that he has been accused, I think it likely that he would take a tougher stance against the accused, just to reinforce that he is not one of them. People don’t understand how easy it is to get a conviction in an alleged rape case.
@ Gerald,
Where can we find the decision(s) you’re referring to?
Sorry Dustin. I missed your post. I did a google search a couple of weeks ago to look for info. Here is just one:
https://www.politico.com/story/2018/07/09/brett-kavanaugh-track-record-675294
And here’s an article that talks about how he sometimes favors the defense:
http://www.scotusblog.com/2018/08/judge-kavanaughs-record-in-criminal-cases/
I looked at a ton of stuff,but as some have noted in those articles, his judicial leanings are hard to figure out, as many of his cases are very ordinary and non-controversial.