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Two Months Behind Bars For Child Rape (Anybody Live In Vermont?)
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I understand the arguments on both sides of this, but there's something wrong, on a visceral level, about just letting a person complete the rest of his "sentence" at home, in an instance like this:



Rapist's Prison Sentence Triggers Outrage


Burlington, Vermont -- January 4, 2005

There was outrage Wednesday when a Vermont judge handed out a 60-day jail sentence to a man who raped a little girl many,many times over a four-year span starting when she was seven.

The judge said he no longer believes in punishment and is more concerned about rehabilitation.

Prosecutors argued that confessed child-rapist Mark Hulett, 34, of Williston deserved at least eight years behind bars for repeatedly raping a littler girl countless times starting when she was seven.

But Judge Edward Cashman disagreed explaining that he no longer believes that punishment works.

"The one message I want to get through is that anger doesn't solve anything. It just corrodes your soul," said Judge Edward Cashman speaking to a packed Burlington courtroom. Most of the on-lookers were related to a young girl who was repeatedly raped by Mark Hulett who was in court to be sentenced.

The sex abuse started when the girl was seven and ended when she was ten. Prosecutors were seeking a sentence of eight to twenty years in prison, in part, as punishment.

"Punishment is a valid purpose," Chittenden Deputy Prosecutor Nicole Andreson argued to Judge Edward Cashman.

"The state recognizes that the court may not agree or subscribe to that method of sentencing but the state does. The state thinks that it is a very important factor for the court to consider," Andreson added.

But Judge Cashman explained that he is more concerned that Hulett receive sex offender treatment as rehabilitation. But under Department of Corrections classification, Hulett is considered a low-risk for re-offense so he does not qualify for in-prison treatment.So the judge sentenced him to just 60 days in prison and then Hulett must complete sex treatment when he gets out or face a possible life sentence.

Judge Cashman also also revealed that he once handed down stiff sentences when he first got on the bench 25 years ago, but he no longer believes in punishment.

"I discovered it accomplishes nothing of value;it doesn't make anything better;it costs us a lot of money; we create a lot of expectation, and we feed on anger,"Cashman explained to the people in the court.

The sentence outraged the victim's family who asked not to be identified.

"I don't like it," the victim's mother,in tears, told Channel 3. "He should pay for what he did to my baby and stop it here. She's not even home with me and he can be home for all this time, and do what he did in my house," she added.

Hulett -- who had been out on bail-- was taken away to start his sentence immediately.

Bryan Joyce - Channel 3 News
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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [big kahuna] [ In reply to ]
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Look for O'Reilly to go nuts on this case.
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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [ajfranke] [ In reply to ]
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Sean Hannity and even Alan Colmbes beat him to it last night. Another shining example of an activist judge legislating from the bench.
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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [armytriguy] [ In reply to ]
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It's Vermont. That state borders on socialism or lunacy (take your pick) in many aspects of it's state government. Just disgusting how twisted that judge is. Talk about sending a message to other criminals. I don't believe in punishment.
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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [armytriguy] [ In reply to ]
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The Judge is an idiot, but not necessarily an activist Judge. I don't see how this is legislating from the bench unless the sentence is less than the statutory minimum.
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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [Johnny99] [ In reply to ]
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The Judge is an idiot, but not necessarily an activist Judge. I don't see how this is legislating from the bench unless the sentence is less than the statutory minimum.

There was a similar case though in Vermont where I would assume a precedent was set but I am no lawyer so don't know if it means anything.



Manchester man sentenced to 18 years for rape

June 24, 2004

BENNINGTON, Vt. --A Manchester man convicted of raping a 10-year--old girl in October 2002 was sentenced Wednesday in Vermont District Court to 18 to 20 years in prison.

Sherrill A. Hazelton, 35, was convicted of sexual assault and statutory sexual assault because the victim was under 16 and was assaulted without consent, said David R. Fenster, deputy state's attorney.

Hazelton, who was found guilty in March, could have faced up to 40 years in jail on both charges, although there was no mandatory minimum sentence.

Judge David Suntag gave Hazelton a maximum of 18 years, said public defender Frederick Bragdon on Wednesday.

Hazelton's sentence was "commensurate with the offense. I mean, this was a forcible rape of a ten-year-old girl," said Fenster.

Bragdon said he will appeal.

According to a police affidavit, the girl told her grandmother about the sexual assaults in April 2003 after spending the day with Hazelton at a park. The affidavit said the rape happened at the Manchester Trailer Park.

The grandmother took the girl to Southwestern Vermont Medical Center where medical tests revealed evidence of the rape, wrote Cpl. Christopher Brickell of the Manchester Police.



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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [Johnny99] [ In reply to ]
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I think asserting that punishment is not an acceptable goal of the justice system might qualify as judicial activism.








"People think it must be fun to be a super genius, but they don't realize how hard it is to put up with all the idiots in the world."
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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [vitus979] [ In reply to ]
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Probably gave the guy a death sentence, since some vigilante will probably try to snuff the guy

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Re: Two Months Behind Bars For Child Rape (Anybody Live In Vermont?) [vitus979] [ In reply to ]
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The whole "activist judge" term is being over-used. I used think the term was related to "judicial legislation." I supposed it now means that the judge made a fucked-up decision.
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