Montana teacher's 1-month rape sentence overturned

[passiveporcupine]

12. Slate has an interesting take on this

The problem isn’t the mandatory minimums or prosecutorial error so much as it is his own profound failure to understand the nature of sexual abuse. Voting him off the island doesn’t fix the larger problem of judges who don’t understand that teen girls can’t give meaningful consent, much less “control” the relationship with a teacher. It just encourages us to vote other judges off the island as well and emboldens groups who target and harass judges for unpopular (but legally correct) decisions to double down. We already have a fix for judicial screw-ups of the magnitude seen last week in Montana: appellate review, motions to reconsider, and—in extreme cases—even impeachment.

http://www.slate.com/articles/double_x/doublex/2013/09/montana_judge_j_todd_baugh_wants_a_do_over_in_the_stacey_rambold_rape_case.html

They are saying that public pressure should not be used to get rid of a judge, or even to make him change his position...instead it should be done by "the system"...but I'm wondering if the system would even address his error, without the public outrage over his position, statements and ruling.

But they certainly got this part right:

his own profound failure to understand the nature of sexual abuse

This judge really should be benched, by the system, not necessarily by public outrage. Due to personal history, I am biased on this issue, and I wonder if older male judges should even preside in rape cases.