JUDGE AARON PERSKY, THE SAME JUDGE WHO SENTENCED A
STANFORD UNIVERSITY SWIMMER/RAPIST TO ONLY SIX
MONTHS IN JAIL IS NOW STEPPING DOWN AS A CRIMINAL JUDGE.
IN FACT, HE WILL NOW ONLY HEAR CASES INVOLVING CIVIL DISPUTES.
THE REASON WHY HE DID THIS IS OF COURSE A LOT OF PEOPLE WERE
UPSET AT THE WAY HE RULED IN THE CASE INVOLVING BROCK TURNER.
HE WAS THE FORMER UNIVERSITY OF STANFORD STUDENT WHO WAS
CAUGHT RAPING AN UNCONSCIOUS STUDENT BEHIND A DUMPSTER.
AARON PERSKY ONLY SENTENCED HIM TO SIX MONTHS IN JAIL,
THREE MONTHS BASED ON GOOD BEHAVIOR.
THE CURRENT SANTA CLARA PRESIDING JUDGE SAYS THE
FOLLOWING.
>> YEAH, THIS IS INTERESTING.
FIRST OF ALL, IS THAT THE RIGHT
MOVE?
DEFINITELY THE RIGHT MOVE.
IF HE HADN'T DONE THIS, THERE WAS GOING TO BE TO
CONSEQUENCES, ONE, EVERY SEX CRIME THAT CAME IN FRONT OF
HIM WAS GOING TO BE A BIG ISSUE BECAUSE THEN THEY WILL SAY
WELL, WAS OF A BLACK GUY OR A LATINO?
ARE YOU GOING TO TREAT THEM HARSHER.
SO THEN THEY WOULD THINK SHOULD I GIVE THEM MORE LENIENCY
TO OTHER PEOPLE?
WE WERE GOING TO QUESTION EVERY CASE IN FRONT OF HIM.
HE MIGHT'VE ACTUALLY LEANED TO BEING TOO LENIENT GOING FORWARD.
THAT WAS UNTENABLE.
THE SECOND PART OF THAT IS THAT PEOPLE ARE CALLING FOR THE
SKY TO GET FIRED.
IF HE STAYS IN THE CRIMINAL SIDE, THOSE CALLS ARE GOING
TO RISE AND HE IS GOING TO BE IN A LOT OF TROUBLE.
IF IT GOES TO THE CIVIL SIDE, MAYBE THAT DIES DOWN AND HE
CAN CONTINUE TO BE A JUDGE AND MOVE ON WITH HIS LIFE.
HE WAS I RIGHT MOVE TO DO.
SOME ARE STILL NOT SATISFIED.
>>THEY ARE NOT.
THERE ARE SOME SPECULATION OF A RECALL.
THERE HAVE BEEN CALLS FOR HIM TO GET RECALLED.
SOME ARE COMING FORWARD AND SAYING EVEN THOUGH HE IS
STEPPING DOWN AS A JUDGE, THERE IS STILL A CHANCE THAT
LATER ON AFTER ALL THE CONTROVERSY FADES HE WILL
BE GOING BACK TO BEING A JUDGE THAT HEARS CRIMINAL CASES.
>>I'M ACTUALLY GOING TO DISAGREE WITH THE PROFESSOR.
I THINK HER BRINGING THIS TO LIGHT IS GREAT.
SHE GETS TO DO WHATEVER SHE WANTS, EVEN IF I DISAGREE.
BLESS HER HEART.
BUT I THINK THIS IS ENOUGH.
PART OF THE REASON I SAY THAT IS, REMEMBER THE PROBLEM WITH
THE BROCK TURNER CASE IS THAT HE GOT TOO LENIENT A SENTENCE.
THAT IS NOT THE USUAL PROBLEM IN OUR CRIMINAL JUSTICE SYSTEM.
I DON'T WANT JUDGES THINKING THEY CAN'T BE LENIENT TO ANYONE.
OF COURSE THE REAL ISSUE THERE WAS THE DISPARAGING
TREATMENT BETWEEN WHITES AND BLACK, BUT REALLY POOR AND RICH.
BUT I THINK IT'S ENOUGH.
YOU BROUGHT ATTENTION TO IT, AND I THINK IT MADE A DIFFERENCE.
OBVIOUSLY PEOPLE ARE GOING TO DISAGREE.
DO YOU?
>>100%.
WELL, THE DOOR IS OPEN FOR HIM TO COME BACK.
HE SHOULDN'T BE A JUDGE.
HE HAS ALREADY PROVED ñ IT'S NOT JUST HER, I MEAN, THE DA
TWO CASES AWAY FROM HIM ALREADY.
THIS GUY IS FLAWED.
I WOULDN'T WANT HIM TO BE A JUDGE IN MY CIVIL CASE EITHER.
HE IS NOT RIGHT.
>>I DON'T THINK HE IS NOT RIGHT OR FLAWED?
>>YOU DON'T THINK HE'S FLAWED?
>>WELL, THAT WAS CLEARLY A FLOOD DECISION.
HERE IS MY TAKE, HE SHOWED EMPATHY FOR BROCK TURNER
WHEN WE WISH HE WOULD'VE SHOWED EMPATHY FOR THE WOMAN.
>>BUT I THINK HE SHOWED TOO MUCH EMPATHY FOR BROCK TURNER.
>>I AGREE.
I WISH THEY WOULD SHOW MORE EMPATHY TO EVERYONE
INVOLVED IN THE CRIMINAL JUSTICE SYSTEM.
THE ANSWER TO THAT IS IT LESS EMPATHY FOR BROCK TURNER?
I THINK THE ANSWER IS LET'S HAVE A DISCUSSION ABOUT APPLYING
EMPATHY ACROSS
THE BOARD.
WHEN THEY SEE A POOR DEFENDANT, THEY DON'T THINK BUT FOR
THE GRACE OF GOD GOES ME.
THEY THINK THERE IS A GUY THAT PROBABLY DID IT.
THE ENTIRE SYSTEM IS LIKE THAT, NOT EVERY JUDGE, BUT IT IS
AN ISSUE.
I WANT US TO HAVE A DISCUSSION ABOUT IT SO WE CAN GET IT
FIXED, RATHER THAN TAKING A GUY LIKE PERSKY AND SAYING THIS
GUY IS THE WORST, LET'S GO GET HIM.
>> THERE ARE ALL SORTS OF DIFFERENT ISSUES WITH OUR
CRIMINAL JUSTICE SYSTEM.
I THINK THE THING THAT REALLY RUBS ME THE WRONG WAY, WHAT
BROCK TURNER DID WAS A VIOLENT CRIME THAT HAS SERIOUS
RAMIFICATIONS ON THE VICTIM'S LIFE.
SHE IS GOING TO HAVE TO FACE CONSEQUENCES AS A RESULT OF
WHAT HE DID.
AT THE SAME TIME, WE HAVE PEOPLE IN JAIL ñ IT IS JUST THAT
INCONSISTENCY THAT WE HAVE THAT DRIVES ME CRAZY.
I THINK HIS SENTENCE WAS TOO SHORT.
EVEN IF WE HAD A PERFECT JUSTICE SYSTEM, AND THIS CASE STOOD
OUT, IT WAS TOO SHORT.
HE RAPED AN UNCONSCIOUS WOMAN.
HE WAS CONVICTED OF RAPE, HE NEEDS TO SERVE A LONGER
SENTENCE FOR IT.
>> HERE IS THE BREAK PROBLEM WHEN YOU REMOVE THIS JUDGE.
WATER RICH WHITE KIDS GOING TO DO?
LET'S BE HONEST, THIS IS THE SYSTEM WORKING EXACTLY LIKE
IT'S SUPPOSED TO.
IF YOU ARE A RICH, WHITE COLLEGE KID AND YOU HAPPEN TO RAPE
A GIRL BECAUSE SHE WAS UNCONSCIOUS, WELL, SHE WAS
JUST LAYING THERE.
YOU THINK THERE AREN'T 100
OTHER JUDGES YOU WOULD DO THE EXACT SAME THING?
BECAUSE HIS FATHER IS IN THE SAME COUNTRY CLUB OR
SOMETHING ELSE.
THIS IS CONNECTIONS, THIS IS HOW THE SYSTEM WORKS.
IF YOU ARE A RICH WHITE KID, THIS IS JUST LIKE THIS KID
SAID, HE MADE A MISTAKE, HE IS A GOOD KID, BLAH BLAH BLAH.
THEY DON'T LOOK AT THIS AS A VIOLENT CRIMINAL.
WHAT DID THE FATHER SAY?
WHAT IS THIS GOING TO DO WITH HIS SON'S FUTURE.
IT'S RIDICULOUS.
IS THIS JUDGE THE PROBLEM?
THIS JUDGE IS ONE PART OF THE SYSTEMATIC PROBLEM.
REMOVING THIS JUDGE FROM CRIMINAL DECISIONS IS
GREAT, BUT YOU STILL HAVE, I PROMISE YOU, ANOTHER JUDGE
THAT WILL MAKE THE SAME DECISION FOR ANOTHER RICH WHITE KID
THAT COMMITS A CRIME?
>>YEAH, IT'S A TREND.
WE HAVE BEEN REPORTING ON THE STORIES FOR A WHILE.
HERE IS ANOTHER CASE OF SOMEONE WHO GOT CONVICTED OF RAPE
BUT WILL NOT SERVE ANY JAIL TIME.
IT'S INSANE.
>> IT SOUNDS COMICAL WHEN YOU SAY IT OUT LOUD.
IT WAS A DEFENSE THAT MAINLY WORKED, BUT IT WAS AN
HONEST MISTAKE, HE HAPPENED TO FIND A WOMAN UNCONSCIOUS
BEHIND A DUMPSTER BIN AND HAD SEX WITH HER.
ANYONE COULD HAVE MADE THAT MISTAKE.
NO, THAT IS NOT AN HONEST MISTAKE.
YOU KNOW IF IT WAS A POOR AFRICAN-AMERICAN KID THAT
HAD WALKED BY AND FOUND THAT GOAL BY A DUMPSTER BEEN AND
HAD SEX WITH HER, NO JUDGE IN AMERICA WAS GOING TO THINK
THAT WAS AN HONEST MISTAKE.
WE ALL AGREE ON THAT.
MY GUESS IS THAT IF WE TALK TO PERSKY NOW, HE
SUBCONSCIOUSLY THOUGHT THAT HE MADE A MISTAKE.
HE DOESN'T KNOW THAT HE'S MAKING THAT DECISION IN THAT WAY.
I'M GIVING HIM WAY TOO MUCH BENEFIT OF THE DOUBT.
I BET IF YOU TALK TO HIM NOW HE WOULD SAY I GET IT.
THAT IS MY BEST GUESS.
I UNDERSTAND WHY PEOPLE WERE UPSET, I WAS TRYING TO DO
THE RIGHT THING, BUT I AM BEING WAY TOO FAIR TO HIM.
BUT I DON'T WANT IT TO TURN INTO A WITCH HUNT, I JUST WANT
PEOPLE TO LEARN FROM IT.
>>SO, DID YOU RAPE SOMEONE BEHIND A DUMPSTER?
YOU ARE GIVING THIS GUY A LOT OF SLACK.
>> I UNDERSTAND WHAT YOU'RE SAYING, BUT LOOK WHAT IT
TOOK FOR HIM TO LEARN HIS LESSON.
IT'S OKAY NATIONWIDE, PETITION RECALL EFFORT FOR HIM TO
SAY WAIT A MINUTE, I PROBABLY SHOULDN'T HAVE GIVEN THE
RAPIST SIX MONTHS.
I THINK THERE SHOULD BE SOME COMMON SENSE LEVEL.
THAT JUDGE WHO DID IT SAID I
DON'T WANT TO DO THIS.
THIS IS THE PROBLEM WITH MANDATORY SENTENCING.
THAT IS A JUDGE WHO SAYS I SHOULD BE ALLOWED TO DECIDE
WHAT HAPPENS BECAUSE THIS IS RIDICULOUS BUT IF IT TOOK THAT
MUCH FOR THIS JUDGE TO REALIZE THAT THAT IS A MISTAKE, THEN
KEEP HIM OUT OF CRIMINAL CASES, KEEP HIM ON THE CIVIL SIDE.
IF THE EASIEST THING TO DO IS TO MOVE HIM TO THE CIVIL SIDE,
THEN JUST MOVE HIM OVER THERE.
>>I JUST WANT PEOPLE TO GET A SENSE OF HOW I AM THINKING
OF THIS, SOME PEOPLE THINK HILLARY CLINTON IS EVIL, I
JUST THINK THE SYSTEM IS CORRUPT.
IF YOU DON'T TAKE THOSE BRIBES YOU ARE IN AN ENORMOUS DEFICIT.
THE ONLY GUY WHO WAS OVERCOME THAT WAS BERNIE SANDERS,
$27 AT A TIME.
BEFORE HE DID IT, AND ALMOST NO ONE ELSE HAD DONE
IT BEFORE.
SO, I'M WORRIED ABOUT THE SYSTEM.
>>HOW DO YOU CHANGE THE SYSTEM THOUGH?
>>BY TALKING ABOUT IT LIKE WE ARE.LET'S HAVE A VOTE.
I SAY BRING HIM OVER TO CIVIL.
YOU SAY FIRE HIM, JIMMY?
>> CAN ASK FOR CONTINGENCIES AND THINGS LIKE THAT?
>>KNOW.
>>SO IF THERE IS A CHANCE THAT HE CAN GO BACK TO CRIMINAL
CASES, THEN I SAY FIRE HIM.
BUT HE CAN KEEP HIS JOB AS A CIVIL JUDGE.
>> IN A PERFECT WORLD, FIRE HIM.
AND THE REAL WORLD YOU HAVE TO MOVE HIM TO CIVIL BECAUSE TRYING
TO FIRE A JUDGE, IT'S REALLY HARD IF NOT IMPOSSIBLE TO DO.
THE OTHER JUDGES ARE LIKE WEIGHTS, WE DON'T WANT THEM
LOOKING AT ME.
THEY STICK TOGETHER.