The culture of mass incarceration has warped our psyches into thinking that lengthy jail or prison terms are always the answer to criminal behaviors like sexual assault.
This culture of mass incarceration has so shaped our minds that when a jurist—like Santa Clara County Judge Aaron Persky in the case of Brock Turner—undertakes a holistic sentencing analysis that accounts for both the victim and the convicted, we still insist on arbitrary, lengthy terms of incarceration as the response to crime.
Mass incarceration is largely a result of judges who have either not utilized discretion in sentencing or who have been deprived by state legislatures of discretion. This lack of discretion has manifested in draconian sentences and overfilled prisons.
Rather than using robotic, one-size-fits-all punishment schemes, we want jurists, like Judge Persky, to engage in thoughtful, case-by-case, individualized determinations of the appropriate sentence for a particular crime and particular offender.
The efforts to remove Judge Persky may have unintended, unfortunate consequences. We want the humanity of all people, regardless of background, to be recognized in sentencing.
However, when we as a community reprimand or condemn a judge for engaging in such a holistic analysis and for exercising discretion, such efforts can have a chilling effect on judicial courage and compassion.
The punishment or removal of Judge Persky in response to his exercise of discretion could lead to policies that limit that discretion, will deter other judges from extending mercy and instead encourage them to issue unfairly harsh sentences for fear of reprisal.
I fear that this shift will disproportionately impact the underprivileged and minorities in our communities and perpetuate mass incarceration.
There are various purposes of punishment, not just retribution: deterrence (specific and general), rehabilitation, incapacitation and denunciation. Judges juggle these various factors and assign varied weights to each depending on the circumstances present in the case and the offender before them. Rehabilitation of the offender can be as important a factor, if not more, than the period of incarceration imposed.
In this case, after the jury found Mr. Turner guilty, the Santa Clara County Probation Department submitted a probation report along with a recommendation to the judge about the appropriate sentence. This report would include a summary of the offense, an interview with the victim, an interview and analysis of the offender, and then a breakdown of statutory aggravating and mitigating factors and sentencing criteria.
With regard to Mr. Turner, the probation department recommended, based on all of the circumstances and factors of the case, that he receive a county jail sentence along with probation supervision. Judge Persky fairly applied those factors and rendered a reasonable, thoughtful sentence within the confines of the law. He should be applauded for exercising discretion and mercy, not demonized.
The sentence Judge Persky imposed upon Mr. Turner is exactly what I would want for a public defender client of mine under similar circumstances. Mr. Turner, just 20 years old, had no prior criminal history and an exemplary record as a student-athlete. Probation, rather than prison, is the expectation for such an offender.
County jail coupled with probation supervision provides a first-time offender the opportunity to rehabilitate in the community and prove themselves worthy of avoiding prison. It is the sentence we would want for our brothers, our sons, and our friends if they were convicted of crimes, even sexual assault, for the first time like Mr. Turner. The lack of empathy for him is astounding.
My only outrage about Judge Persky’s decision would be if similarly situated public defender clients, particularly minorities, receive harsher sentences than Mr. Turner from Judge Persky; but no one has cited any such example. In fact, many colleagues in my office who appear before Judge Persky believe that a public defender client who wasn’t white or affluent would have received the same type of sentence from him.
Mr. Turner didn’t get off easy. There are many punitive, harsh layers of the sentencing that the headlines don’t capture. He received six months jail with formal, felony probation. Anyone questioning the severity of six months jail should spend one night in jail and then tell me Mr. Turner got off light. Six months of confinement should never be diminished.
Mr. Turner is now a convicted felon, a branding he cannot shake for the remainder of his being. He must register as a sex offender for the rest of his life. He must pay the victim restitution for any damages or losses she suffered. A probation officer will vigorously supervise him and require that he participate in various programs like substance abuse counseling and sex offender treatment.
If he violates his probation by failing to comply or by committing a new crime, he can still be sentenced to up to 14 years in state prison.
Not exactly lenient.
Sajid A. Khan has worked as a deputy public defender in Santa Clara County since 2008. Find him on his blog, Closing Arguments, or on Twitter at @thesajidakhan.
Like Persky did in passing sentence, this misguided attempt to educate those of us who don’t share the author’s point of view completely dismisses the seriousness of the crime and its impact on the victim. Like Persky, Khan seems to view Brock Turner as the victim. He finds the lack of empathy for Turner “astounding.” It’s Khan’s psyche that is warped. I think it’s his view of this case that’s astounding.
Brock Turner raped an unconscious woman. That he was well aware of what he was doing was made clear by his attempt to flee when confronted. He deserved to go to prison. Khan argues that this sentence is what any of us would want for our brothers, sons or friends if they were convicted of rape. He speaks for himself. Is this sentence what Khan would want for someone who was convicted of raping his unconscious mother, sister, daughter or friend?
Thank you, Pete Malloy! That’s exactly the problem: everyone in support of the sentence is focused on the perpetrator, and the story is about the impact any sentence will have on his life. Where is the story of the innocent young woman who never violated anyone’s body and rights?
Don’t get me wrong: I’m not in favor of locking every violator up forever. In this case, there hasn’t been a single article that indicates the perpetrator even acknowledges the crime for which he has been sentenced. On the contrary, he’s appealing the conviction! How can we trust that he won’t do the same thing again if he doesn’t even know what he’s done?
> How can we trust that he won’t do the same thing again if he doesn’t even know what he’s done?
That can be said and said often about a lot of people running for high office.
And, as is commonly understood by educated practitioners of the English language, “he” is used as a generic pronoun that can refer to either “he” or “she”.
Are you f’n kidding me with this?
How the F does SJI get off publishing this trash?
“Not exactly lenient.”
More like you’re not exactly coherent.
You sexually assault a woman, you deserve to have your life and freedom taken away, not for just a few months (or even a few years).
What kind of dangerous message and blaming does this send to women?
Delete this OpEd.
At the risk of sticking my hand into this beehive of opinion, let’s not be too hasty to condemn the author of the article, Mr. Khan. While what FinFan said is certainly true, that it seems that Mr Khan’s greatest concern is not so much crime and punishment as it is “minority sentencing fallout”, let’s give consideration to what actual justice has occurred here.
First off, some disadvantaged, oppressed, downtrodden, trodden-upon, held down by white privilege and “the man” (etc., ad nauseum) minorities and the “disadvantaged” might actually find jail an improvement in their living conditions (structure in their life; 3 meals a day and a bed better than a piece of cardboard on the ground or floor etc.). They won’t miss work because they don’t work and they won’t miss school because they don’t go and they’ll get all the free medical care and medication they need and for free.(at taxpayer expense)
However, for Mr. Turner, I’m sure that crapping into a steel toilet in full view of your cell mate and sharing a shower and a cell with “Bruno” who thinks you’re, young and “perttee” (and wants to know if like gladiator movies or if you’ve seen the movie “Deliverance”) will undoubtedly be a nightmare beyond comprehension to most any middle to upper middle class white boy. Mr. Khan is correct on that account.
Mr. Turner can then look forward to having to, in effect, write “pervert” on every job application he will ever fill out. The pervert will probably never have the career he was seeking and will play hell ever getting any truly meaningful employment because a couple of Swedish exchange students saw him run away after dry-humping a drunken female. Mr. Perv’s professional aspirations and dreams of amounting to much of anything are virtually over.
By contrast, the previously obliviously drunken “victim” has gained the much coveted (politico-activist) mantle of “victim-hood” from which she can only benefit by giving speeches, (I guess at every tormented opportunity, for recognition and/or fees), about her horrible tormented existence since “the incident”. Likely she will leave out that the fact that at the time of the occurrence, she was too slobbering drunk to even remember what, or even if, something happened and that she only became aware of it 2 days afterwards when she saw it on the news. The victim may make the talk show circuit, speak at victim-advocate gatherings and feminist man-hater groups, write a book, and maybe even become CEO of some non-profit “Help I was too drunk to not be raped” group. Maybe she can invent one of those little life-alert type buttons that she can press when her blood alcohol level rises 2-3 times the legal limit (for DUI) and she needs to call out “Help! I’m drunken, and I can’t get humped!”…or press a button to wake her up so she can remember if she was assaulted and this before someone on the news tells her what happened two days later.
The little pervert got what was coming to him but the formal sentence is irrelevant to the nightmarish life he will now go on to live. The victim has support and a chance to “move-on”, at least after her days as a “campus rape” icon fade.
Now, to those who will undoubtedly reply with the hysterical bleat, “Oh yeah, how would you like to be raped?” I will only say this: I would much rather be dry-humped by some drunken little college turd than to carry a scarlet letter on my forehead for the rest of my life; Not to mention all those Valentine ’s Day cards Bruno will be sending me until he finds a prettier cell mate.
Leave Sajid alone! He’s a lawyer and understands better than anyone that this was the right sentence for the so-called “crime” that was committed. He knows that when kids in college get a little tipsy, that things can just happen, and no one deserves hard jail time for something like that!
Mr. Khan conveniently fails to address the elephant in the room: does recognizing the “humanity of all people, regardless of background, to be recognized in sentencing” work? No it doesn’t. Nor is there evidence of outcome improvement.
The most recent (4 year old) https://www.sccgov.org/sites/doc/Documents/SCC_DOC_Final_Report_1-31-12.pdf analysis of SCC jail recidivism answers with a resounding #FAIL. Over 60% are back in Elmwood or Main jail 24 months (study period) after release. The National Institute of Justice says over 75% are re-arrested after 5 years of release.
While “County jail coupled with probation supervision provides a first-time offender the opportunity to rehabilitate in the community and prove themselves worthy of avoiding prison”, most re-offend despite their rehabilitation opportunity.
Sex crime recidivism is much higher. The Rosenfled (2005) study estimates sex crime re-arrest rates 30-45 times that of the general population.
Interesting that traditional adversaries, the Public Defenders Office and the District Attorney’s Office, have circled their wagons to avoid scrutiny by supporting Persky. Coupled with ongoing jail scandals, Santa Clara’s County’s criminal justice system lacks accountability, transparency, and appears seriously broken.
Whoah, …just off the top, the horrid Mass Incarceration issue predominantly applies to the tainted evidence and non violent, petty crimes, and reliance on painkillers of those with no connections; without the economic status of Master Brock, who clearly has no remorse for the horrid PHYSICALLY and EMOTIONALLY VIOLENT crime he perpetrated. Shame on the author for trying to incorporate such a violent crime into the Mass Incarceration Horror.
Brock Turner Committed A stunningly Violent Crime, Emotionally and Physically.
And, just for one stunningly and utterly unaddressed issue in any local news, Persky had access to the information that Brock Turner photographed his victim’s breast, left momentarily when someone interceded, then returned to further violate his unconscious victim. Even more damning, Persky utterly ignored a juries resounding verdict.
Should we dispose of Santa Clara County Juries instead of replacing Persky?
Historically, there have been plenty of White Gloved, yet frighteningly Lethal to others (sometimes Lethal to millions – even billions – in the case of certain AI and Finance Students), Exemplary Students and Athletes™. Consequentially, It’s horrifying to read that someone who possibly/likely aspires to becoming a Judge™ utters as a defense (of an ultimate 3 month, special treatment at that, confinement for someone who has yet to even tell the truth about his predatory actions, and even wants to appeal his insane wrist tapping):
Good™[Financially Secure] Students and Athletes should never, ever, receive such a stunningly light one off for Rape or Murder just because they did what they knew would benefit them financially. That’s utterly insane.
A well-reasoned analysis of the Turner sentencing sullied by the author’s obvious and disproportionate concern for one segment of the population – minorities, despite his obligation as a public servant to champion equal justice for all.
“I fear that this shift will disproportionately impact the underprivileged and minorities in our communities and perpetuate mass incarceration.”
In the fallout from a case where the defendant’s white skin and association with an elite school is widely recognized as the reason for the case’s notoriety, this public defender is nonetheless moved to express his concern for it’s fallouts potential to impact minorities. But the fallout that is feared is the suppression of sentencing discretion, the printed word to punishment policy that restricts judges to reading rather than issuing sentences. So the question becomes, how will this disproportionately impact the underprivileged and minorities? Other than by their disproportionately facing sentencing because they commit a disproportionate percentage of street crime, there is no apparent answer, leading me to suspect that this public defender’s sick perception of justice is incarceration in proportion to race and socioeconomic status, and not in proportion to criminality.
He should sue his alma mater for infecting him.
Don’t worry. As is evident from the rest of his op-ed, his only concern is for the victim- that is Brock Turner- having to serve any time at all when he’s had an “exemplary record as a student-athlete”
He only mentions the underprivileged & miniorities as a dog whistle (he thinks) to call us off his preferred victim – the white, rich male.
Because if he was serious about the over incarceration of the poor and brown skinned, he would have noticed that they go to jail in larger numbers for nonvictim crimes like cigarette selling & drug use. And much longer sentences for rape.
Probably because they’re not going to the same school as the judge attended.
Kahn is a public defender. Not only does he get paid to get psychopaths like Brock reduced sentences or dismissal, but he gets satisfaction and validation from it. He is severely ethically challenged, but he seems to fancy himself as an enlightened social justice warrior. Warped. The sort of twisted pretzel logic and double speak presented in his piece seems to be a indicative of what our universities are recently producing. I’m surprised that he didn’t suggest that the new, rehabilitated Brock – if only given a chance by the harsh, unforgiving public – could one day be a successful coach for the girl’s swim team
at one of our local high schools.
To me, it just sounds like he’d like minority and underprivileged convicted rapists to receive the same light sentence Turner did.
So sorry for the bad grammar typo above, I should have written “jury’s resounding verdict,” not “juries resounding verdict,” as in:
– Interesting how Lawyers are the only ones defending Judge Persky. Looks like you are just another “protect your own” Lawyer defending another Lawyer.
-Don’t give me your B.S. about defending Rapist rights. If you want to address overcrowding in jails you do it by reducing sentences for non-violent offenders. No normal person is going to defend Rapist, Child Molesters, and Murderers. This leads me to believe that you arevnot normal b/c you feel sorry for the poor helpless Rapist, or you are simply another Lawyer that is concerned about your precious Judiciary Independance. Well guess what…cry me a river b/c the non-lawyers in this country don’t care about your flawed logic. We have sympathy for the victim not the Rapist.
– Also, don’t give me this crap about his jail sentence being tough. You guys authorize special treatment for Rapist and Child Molesters in jail. Brock, Sandusky, and the Pervert Subway spokesman get to be seperation from the general population. Our justice system is corrupt and you know. Stop being part of the problem and become part of the solution.
This reads like it’s all about the rapist and his future, which he threw away when he raped the victim. The point of prison is to restrain people who will prey on the innocent.
Unfortunately this is another example of sexism in the application of justice in Santa Clara County and this MAN (Mr Kahn) thinks it is fine. It is not just the color and gender of the convicted that factors in to the sentence but also that of the victim. Had he rapped an unconscious brown or white man I suspect the system (and this author) would have reacted differently. But Mr Kahn and the judge don’t value woman as the do male collage athletes. Thus women are made into prey. This maybe because Mr Kahn and the Judge sympathize with the convicted felon. We need to fire the whole office (including this author) as they have repeatedly ignored the rites of woman and girls to live free of sexual violance in favor of the right of rapists to live out their lives with few consequences for their actions
The sentencing is not defensible. The misconduct issue is hard to understand as the eleven judges removed for it were not removed for issuing light sentences.
It seems that now we have commenters demanding the death penalty (“you deserve to have your… life taken away…”) for a ‘rape’ that lacks physical evidence but which appears to have been groping, and which happened to an extremely drunk woman who had no idea it had even occurred, until it was explained to her by others.
Of course, they weren’t there, so they were free to embellish all they wanted. Sort of like the McMartin preschool activists coaching the kids.
They certainly got her stirred up, didn’t they? And from her very detailed account, and her emo-anguish over something she can’t even remember happening, she got lots of other folks stirred up, too. Now they want to teach that evil judge the error of his ways: he is not supposed to follow the law and well established sentencing guidelines when frat boys are involved. White frat boys. OMG!
So we’re expected to excuse the whiff of vigilante ‘justice’ in the comments here. The snowflake’s peanut gallery feels entitled to all the revenge, vindictiveness, and vengeance they can bring down — just so long as their own ox isn’t being gored…
…which reminds me, how ’bout them Islamics? Illegal ISIS-wannabe immigrants routinely gang rape women and kids, but the hand-wringers here ignore them. Why? Because Islamics are a protected class, silly. They’re not white frat boys, so they get a pass. (If I’m wrong, simply link to a prior comment expressing similar anguish over those repeated, widespread atrocities, or any concern you have over bringing them in by the millions).
And what about abortion? Is that A-OK with the torch and pitchfork vigilante gang here? In general I can understand the idea of promptly fixing something that happened when the woman was maybe too drunk to remember any of it (sound familiar?), but to kill your own baby a day or two before birth — for convenience! — is actually *legal* now.
So, how do the vigilantes here feel about that? How does that compare with this woman? Or is “terminating” your “fetus” just a minor bump in the road to a fulfilling, meaningful life for the inconvenienced Mom?
You do understand that babies have their own brain waves and blood type, right? And eye color, and fingerprints, and hair color, and many other traits that make the “terminated fetus” a separate and distinct person from Mom? From around seven months on that baby is able to live on its own, away from Mom. But if Mom feels it would be too inconvenient for her modern lifestyle, she now gets a “choice”. If killing her child is easier than putting it up for adoption, Mom can kill her baby. For convenience!
What do you think about the Supreme Court allowing that? They’re judges, too. How does that compare with a 6-month sentence for frat groupie being groped? Which is worse? Be honest.
Thus ends today’s class on “equal justice for all.” Your assignment is to write an essay on why some folks don’t care as much about your particular crusade as you’d like. You see, your ‘victim’ will get to have fun for many, many more years, while the victims who are a much bigger concern to some of us never even had a chance to get started.
Better hurry up! Because after you explain why we should care about someone who was drunk past the point of amnesia — and who willingly put herself in that condition — you need to force that un-PC judge to double and square the fratboy’s sentence before your torches go out.
Really? You affiliate yourself with police by your name… and conflate groping with digital sexual assault? And because it happened to an unconscious woman it doesn’t count? Go home, take off your uniform (assuming you wear a real one) and find another job. You are everything that is wrong with the way rape cases are handled and you and phin phan are painful examples of just how non-compliant the sheriff’s PREA policy really is in our jails.
How can someone commenting on the Brock Turner case be an example of “everything that is wrong with the way rape cases are handled…”? It wasn’t a rape case, and your insistence on calling it such brands you an emotional zealot of zero credibility (and thus fully qualified to join the other cows mooing at Judge Persky).
Ohhh… big words, Phin Phan, from the guy with little man syndrome, no less. Why do women scare you so much you have to demean them at every opportunity, buddy? You seem to be the emotional one… all angry and bitter. It’s kind of sad to such a severe case of male insecurity. You’re only embarrassing yourself now. Keep digging your hole, it will fall in on you eventually. You might even see met at the top of it kicking in dirt when it finally happens. ;) *fixing my tie and looking cute*
Ohhh.. and posting on duty, today? Mmm… going to have to check the schedule on that one.
You can’t competently comment on a case about which there is a ton of available information, so why would you ever consider yourself competent to psychoanalyze a commenter about whom you know nothing? Why not stick to arguing the issues? Not qualified?
It’s obvious you think you know who I am, but I advise you to type carefully… in PC Valley my posts would ruin a career… you wouldn’t want to pay a libel judgment.
With what you do, your career should be ruined. And the moment I can 100% confirm your identity your distasteful collection of hate, misogyny and racism will be a problem for you.
Whereas I find it difficult to watch a small animal suffer and in order to stop the pain of watching you make a further fool of yourself, allow me to just say that you are likely WAY OFF in your feeble speculation as to the true identity of the mysterious FINFAN (a moniker often used by those who favor, i.e., are “fans” of, San Jose’s championship hockey team, uh, The “Sharks”, a fish with “fins”, get it?).
FINFAN, (under his non-pseudonym) is a rather prolific blogger, writer and iconoclast and I recognize a certain distinctive writing style and flair that I have previously seen in numerous other blog posts, opinion pieces and in letters to the editor etc. It’s possible I am wrong but the writing style is very distinctive, if you know what to look for. I will leave you to search the web and see if you can discover what I describe as you turn in circles with your one foot in the intellectual bucket.
My guess is that FINFAN (if it is who I believe it to be) posts here because, although a life-long cynic, he appears to still care about the community. Either that or by using you as a philosophical and verbal punching bag, he derives a certain fiendish glee in the same manner as a mischievous child uses a magnifying glass on ants or pulls wings off of flies.
I’m not him under a different pseudonym either, by the way. He would probably let his dog loose or turn the sprinklers on if I was to show up in his yard. You, he would likely just scrape off his shoe on the curb. If I am correct, you are way off as to his true identity.
Problem for you (more so him) is I am going on more than just speculation. And no, you are not him, I don’t play that silly game. I have no idea who you are. Now back to letting him keep digging his little hole. Have a great weekend. Ta.
I warned you, primarily out of concern for the innocent you suspect. But now I can only hope you act on what you call “more than just speculation,” so that you might have the opportunity to discover something you’ve displayed here numerous times: your reliance on intuition has rendered you indistinguishable from an idiot.
You are a moron.
Oh my, Smokey™,
And you repeatedly insinuate that I’m either out of my gourd, and/or the devil[ess] incarnate?
Lie – intentionally misinterprate – much?
bleakly hilarious. I’m still trying to figure out whether you’re one of sociopathic frustrated finfan‘s Sock Puppets, or he’s one of your sociopathic Sock Puppets.
(misinterprate, used in the last comment I attempted to post above (which, unfortunately has not ‘posted’ yet) , is formally known as misinterpret, for those who don’t get that punch line.)
Now the Santa Clara County public defenders should look in the mirror. As they scream to oppose mass incarceration, they have incarcerated hundreds, if not thousands of parents for violating custody orders arising from family law cases. They also incarcerate parents who don’t pay their child support. Where is the logic in sending a parent to jail, assuring they lose their job, over making sure they have a job to support their children so the county doesn’t have to.
there is no defense for him period. he is a sexual pervert and will be until the day he dies… I hope his life is miserable, I hope he cant find work ever because of what he did and I hope his world becomes his living hell and I hope one day he is served the same assault, same punishment and same lifetime sentence he has placed on his victims. he is scum and his parents are worse, their world needs to fall around them and crumble in as many pieces as the life their son left this girls life in.
Comparing the sexual immaturity and poor character exhibited by the intoxicated, teenage frat boy, with the over-the-top, mass murderer-like hostility you posted above, you appear the far more defective person, quite likely a psychopath. I’m surprised you gathered up enough sanity to realize you’d best use a pseudonym.
Get real. She didn’t even know what happened, because she was passed out. Later, third parties who weren’t there told her exactly what happened. So she should really be mad at the ones who told her the secret that ruined her life, no?
What you wrote is over the top. Your impotent and irrational hatred is probably a waste of time anyway, since his daddy looks to be pretty well off. But if the high point in your day is casting evil spells on someone, you might want to ask yourself where all that hate comes from?
The Judge followed the probation officer’s recommendation.
This is a witch hunt based upon limited facts and lots of hyperbole.
The victim will never get what she and her supporters purportedly want. The defendant will register for life as a sex offender. That is prison without walls but prison, nonetheless.
The proposed legislation by the DA is over-reaching.
I appreciate the attempt to be philosophical, but prisons do have walls. Having to drive down to register at the police department once a year isn’t anything like being in prison. It’s not even close.
My disgust is not for the light sentence but for the almost total absence of responsibility from the perpetrator and his parents. Here you have a privileged individual who felt that he could do whatever he wanted to another individual without fear of consequences. The scary part is if he hadn’t been caught in the act the outcome would have been worse and it would have been another he said, she said case.
So let’s be semi honest here. By statistics a drunk driver can drive up to and beyond 500 times impaired without being caught. So you’re saying we should let em all go and hope they’ve learned not to get caught? You must have raped a few or two in your days. They boys will be boys era…
It genuinely angers me that people like this writer exist.
Judge Persky will now hear civil cases. When parents rape their spouses or abuse their children ,there is no confidence he will be unbiased by a wealthy represented parent going against a pro per, which happens all the time! Persky once heard the case where they father (represented) was awarded custody against an indigent mom. The dad drugged ,raped and killed his won daughter. The supervising judge apologized and said the judges “missed the signs”. The signs are still being missed.
It is a violation of judicial ethics to compromise public trust in the legal system. Persky, Towery, Grilli ,Takashi, Folan ,Pierce and Chairello have at least done that.
Funny enough, the same type of people whining about Brock Turner, are the same kind of people who will for vote mass-murdering war criminal Hillary Clinton.
Female Privilige at its finest.
Sajid, I deeply disagree with you. 6 months in jail and a stamp of “sex offender” is an extremely lenient sentence. Rape is the worst violation of a human being. Yes, the person committing the crime can be rehabilitated, any person can, but that’s not the point. The point is, the punishment needs to reflect the severity of the crime. And this punishment falls extremely short.