Lawyer in Wisconsin focusing on traffic law and criminal defense, with an interest in employment discrimination and mediation/alternative dispute resolution.

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Joined 1 year ago
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Cake day: June 13th, 2023

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  • I’m a big gamer, and was a massive HP fan. I did not buy the game, or even consider it, specifically because of JKR’s bullshit.

    I may be in the minority, but I guarantee I’m not the only one in this boat. So now you’ve talked to someone who cares, if you count this as talking.

    And just to say a little more, no I didn’t crusade against the game, nor do I villainize people who bought it and enjoyed it. I do think it’s possible to enjoy art without liking the artist. Hell, my favorite book series of all time is the Ender’s Game series, and Orson Scott Card is probably just as bad as JKR, though maybe not quite as famous/public about it.

    But I can’t bring myself to buy it. I’m trans, and her rhetoric, and how public it is, has been specifically harmful to me, directly. But that’s just me. I won’t tell other people how to live their lives or enjoy their free time, so long as they’re not actively hurting others. And no, I don’t consider buying a game where one person who is profiting from it might spend a sliver of that profit on anti-trans BS to be actively harming others, especially when she already has enough money to do whatever the hell she wants anyways.

    This doesn’t make a dent, and ethical consumption under capitalism is impossible anyways. I just hope that some portion of people who bought the game heard about the protests and maybe donated a fraction of what they paid for the game to some pro-LGBTQ groups. I have to believe there’s at least a handful of people like that. I do believe that people are mostly good, and want to do good.

    Yeesh, I wrote a lot more than I planned to here. I’ll stop now lol.


  • I don’t necessarily disagree with you. I don’t think there’s really a number of years to put on it to make it appropriate. But I’m sure the lawyers discussed all the points you raised in negotiating this sentence. These numbers aren’t pulled out of our asses, there are guidelines (almost certainly, again, not barred in NY) which help ensure similarly situated defendants are sentenced similarly.

    What I’d like to hear more about, is whether the judge also ordered some kind of anger management counseling. I think that’s what she needs more than a longer sentence.

    If we truly want to balance the goals of protecting the public, adequately punishing the defendant, and also rehabilitating her, I don’t think a few more years either way is what makes the biggest difference. I think it more depends on what she does with that time. I’m not sure what the situation is like within New York prisons as far as counseling goes, but if they have good programs, it’s hard for me to imagine, if she takes it seriously, that 8.5 years of good counseling wouldn’t be helpful to her, and to society at large.

    I also think she could make all those gains in counseling, again, if she truly takes it seriously, within a couple of years. But then, I could probably be convinced that 2-3 years isn’t long enough for causing someone’s death. I’ve seen people get that for having the wrong amount of weed on them.

    But then we get into the larger discussion about the entire prison industrial complex. We need some kind of change with how our prisons operate. Exactly how that looks isn’t the point here. I’m just trying to point out that there’s a bigger picture in play, and hope that people will consider that in the future.

    In the end, nothing we say here has any impact on her life or the issued sentence. But it might have a difference in how people perceive and talk about the system as a whole in the future, so I think it’s important to not lose sight of that.


  • Defense lawyer here, though not in New York so take this all with a grain of salt, I just felt I should put my 2 cents in based on the vibes in this comment thread.

    It is weird for a judge to go against a joint recommendation, which seems to have happened here. It takes something extraordinary. The article indicates that the judge felt she didn’t truly feel remorse for her actions, which could do it, but doesn’t always do it. But, to me, just the fact that the judge went against a joint recommendation will always raise an eyebrow. Usually, if the sentence isn’t harsh enough, the prosecutor won’t agree to it, and if it’s too harsh, the defense won’t agree to it. So joint recommendations are almost always followed.

    Yes, it’s “only” 6 more months, but that’s really not insignificant.

    Now, to all the people screaming about how it’s not enough (and especially to the one person saying she should have her citizenship revoked (???)), I wonder, how many of you are also against the prison industrial complex we have here in America? I challenge you to think beyond your initial emotions. Is this death tragic? Yes, absolutely it is. It was senseless violence for no good reason. So I agree, it deserves a harsh punishment.

    But everyone keeps calling it murder. Not every killing is a murder. I also want to challenge people to watch their language. Murder carries with it an intent to kill. A shove does not intend death, regardless of who is being shoved. No, it shouldn’t have happened, yes, it’s tragic, but it was not a murder.

    Now, all of you calling for 20+ years, really think about what you’re saying. Do you think this person has no chance of rehabilitation? Those are the people we put away for life. I don’t think that’s the case here. She fucked up. Obviously. She deserves to be punished harshly, and make no mistake, she is. 8.5 years is a LONG time. Think back to where you were 8.5 years ago. Were you the same person? I doubt it. Now, do you think she might better herself in those 8.5 years? I think it’s very likely, though again, the prison industrial complex makes that less guaranteed.

    Sentences have many goals. Some of the primary goals are punishment, protection of the public, and rehabilitation of the defendant. Does this sentence punish her? Yes, a lot. Does this sentence give her a chance for rehabilitation? I’m not sure on that one, but that’s because it may, if anything, be too long, and cause her to get too used to life in prison, and increase her likelihood of recidivism. But that’s not her fault, that’s the fault of the prison industry. Does this sentence protect the public? I say yes. She lost her temper once and it’s now going to cost her 9 years of her life (if you include the duration of the case). That’s a hell of an incentive not to repeat.

    Alright, I think that’s all I really want to say. But please, everyone, in the future, try to think about how our prison system really works, and how much you support it, when you’re discussing individual crimes, not just when you’re talking about the system as a whole. I think most people on this site lean left, and therefore should support reducing the prison populations, but this comment section has me worried with everyone here frothing at the mouth to give MORE prison time, when the sentenced amount should be enough to satisfy our sentencing goals.