A Delaware Superior Court judge, Jan Jurden, is under fire after sending a wealthy heir to the DuPont fortune to treatment rather than prison because Robert H. Richards IV would “not fare well” in prison after being convicted of raping his 3-year-old daughter. [A review of the record shows the concern raised about not faring well in prison but it is not clear how stated this concern. The Judge did express concern over the lack of jail time, though it is not clear why the Judge approved the sentence]
Jurten was convicted of fourth degree rape. Under state law, fourth degree rape is defined as:
§ 770 Rape in the fourth degree; class C felony.
(a) A person is guilty of rape in the fourth degree when the person:
(1) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s sixteenth birthday; or
(2) Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim’s eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
(3) Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim’s consent; or
b. The victim has not reached that victim’s sixteenth birthday.
Richard was accused of rape after his ex-wife Tracy filed a lawsuit over the abuse of his daughter. Richards lives off a trust fund and has no job. His great-grandfather is du Pont family patriarch Irenee du Pont, and his father is Robert H. Richards III and was a named partner at the Richards Layton & Finger law firm. He lives in a mansion worth $1.8 million in Greenville. He was accused of sexually abusing his infant son between 2005 and 2007 as well as his daughter starting when she was 3. He was originally indicted on two counts of second-degree rape of a child. After the girl described sexual abuse, Tracy Richards confronted her then-husband who allegedly admitted to the abuse but said “it was an accident and he would never do it again.”
Richards took a plea to one count of rape in the fourth degree, which has no mandatory time but can result in up to 15 years in jail.
The plea bargain likely reflected the challenge of any trial based on dated accounts of a very young child. However, what Richards did plead guilty to fourth degree rape, still a very serious offense. The question is whether it is appropriate for such a felon to be spared jail due to the adjustment needed in going from a mansion to a prison cell. For some it reminds them of the recent affluenza case in Texas.
Defense lawyer Joseph A. Hurley insisted that the court got it right: “Sex offenders are the lowest of the low in prison. He’s a rich, white boy who is a wuss and a child perv. The prison can’t protect them, and Jan Jurden knows that reality. She is right on.”
What do you think?
Source: Delaware Online
I think the modern Statue of Justice is a tired old lady whose blindfold has slipped down allowing her to see the defendants. He scales are labeled ” rich and powerful” on one side and weighted down in that direction. Her sword is double edged with the side labeled, ” common and poor” being bright and sharp and the side labeled the rich and famous being dull and nicked.
One wonders how the legal education system allowed such a person to slip through without giving them the value of objective justice.
I am sure the lawyers on here will agree with me, you get the justice you pay for.
Looking @ this photo, I wonder if he has alcohol issues???
Dredd, We’ll simply have to disagree on your comparison of the Kingdom v US system of justice. You know they lock you up in the Kingdom simply for an auto accident, don’t you. My daughter would be doing life!
Paul,
I was just proving that some people make claims when they don’t have sufficient evidence to back them up.
That’s the last I’ll say on the subject.
Paul Schulte
Dredd – “A juggler of wings is not equivalent to one who finds an actual source.”
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I have no idea what this means. Is this some kind of legalese?
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It means that left wing and right wing propaganda can not be neutralized by citing both as origin or source.
Two Wongs don’t make a Wight.
Dredd – that was sooooo bad you need to stand in the corner for awhile. 🙂
Nick Spinelli
Laser, I have not had a comment retrieved in months! Speaking of 2 systems of justice.
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Exactly.
Dredd – “A juggler of wings is not equivalent to one who finds an actual source.”
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I have no idea what this means. Is this some kind of legalese?
Nick Spinelli
Dredd, I don’t understand your question. But, when one speaks of Saudi Arabia, we simply are not as bad. It’s apples and cantaloupe. Dredd, I speak often about how unfair our system of justice can be. I worked in it for decades. However, I do not know of any better. I will blast our system w/o hesitation but I will defend it as flawed, but still worthy.
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American mass-murderers, plunderers, and other psychopaths are not as bad as Saudi Arabian mass-murderers, plunderers, and other psychopaths?
Not really, jingoism and exceptionalist notions are lethal mutations that distort cognition.
Equal justice under international law is fundamental, not “sophisticated.”
“Defense lawyer Joseph A. Hurley insisted that the court got it right: “Sex offenders are the lowest of the low in prison. He’s a rich, white boy who is a wuss and a child perv. The prison can’t protect them, and Jan Jurden knows that reality. She is right on.”
What do you think?”
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That is what mental hospitals are for.
Dredd, I don’t understand your question. But, when one speaks of Saudi Arabia, we simply are not as bad. It’s apples and cantaloupe. Dredd, I speak often about how unfair our system of justice can be. I worked in it for decades. However, I do not know of any better. I will blast our system w/o hesitation but I will defend it as flawed, but still worthy.
Paul Schulte
As the leader of the Occupy jonathanturley.org movement, I criticized your sources because they were ALL left-wing. I told you that then.
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A juggler of wings is not equivalent to one who finds an actual source.
Source means an origin to a competent journalist, whether professional journalist or honest citizen journalist.
The trouble is that water muddiers think “origin” or “source” means “anywhere I find it.”
Origin is the only place for the real source.
Like the source of the Mississippi or Nile River.
It isn’t everywhere, or even two places if it is the origin and the source.
nick spinelli
As I had to point out to a barrister here a few days ago, there are 2 systems of justice in this country, one for the wealthy and politically connected, and one for us regular folk. This should only be disgusting, not surprising and certainly not shocking.
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The “its ok if we do it” mantra of exceptionalism comes to mind.
Didn’t you recentl post a negative reply to “we are just as bad” as other nations when we do this, arguing that it is not bad when we do it?
Elaine – if you are complaining about me criticizing your use of sources and you are defending yourself, then you do care.
Thank you for recognizing the continuing efforts of Occupy jonathanturley.org. 🙂 Donations are accepted.
Laser, I have not had a comment retrieved in months! Speaking of 2 systems of justice.
Nick;
Apparently I’m not permitted to tell the whole truth of everyone’s cognitive dissonance that is fostering the foundation of your need for “Amen”.
Paul,
It appears you don’t always read what you write.
😉
BTW, I don’t really care whether or not you approve of the sources that I use for my blog posts.
The injustice does not stop with Robert H. Richards IV. Have we forgotten about Bubba in the state prison either?
It seems now Bubba cannot have cellmates representing the full spectrum of society. He should have a right to “marry” whomever he chooses.
Blue Bird, I forgot to reply about Mexicans living off the government. They are people w/ a great work ethic. The sin is the government spent millions of our dollars doing advertisements in Spanish telling them they were chumps if they didn’t take assistance. They guilt tripped them saying “what about the kids.” In my mind this is unconscionable. When media brought attention to these shameful radio ads they ceased abruptly. Get people dependent on the govt. and you got a lifelong Dem voter. Thankfully, these stupid ads didn’t fool savvy, hard working, entrepreneurial, Mexicans. They will not allow the Dems to enslave them.
Paul,
You failed to due a thorough investigation. You made that claim after reading one of my posts. I’ve been writing posts for RIL since 2010. I guess it might be too much work for you to actually check out my posts before making such a claim.
BTW, I didn’t post my birth certificate on the blog. Maybe I’m not really a citizen of this country. Maybe I’m one of those criminal illegal aliens you’ve been focusing on today.
Elaine – along with others you have a habit of not reading what I wrote. I originally wrote that it was your use of left-wing sources for that particular blog/subject. You then listed a bunch of other sources, none of which you used for that blog and which did not list any of the blogs you were using that day. In the short time I have been following jonathanturley.org you have used far left wing sources in all but one case.
Thank you for recognizing the continuing efforts of Occupy jonathanturley.org. 🙂 Donations are accepted.
Blue Bird, Thanks for your honest reply. When you said “At this point I don’t care what immigrants[illegal] do,” you showed the intellectual honesty no one else here has. Indeed, some of the people taking personal swipes @ myself and others having the temerity to want a nation of laws think the same as you. However, instead of having the honesty to say so, they take personal sniping positions. I’m not being one bit sarcastic when I give you kudos for your honesty. I truly appreciate honesty.
I care WHAT ALL PEOPLE in this country do vis a vis the law. If you read my first comment on this thread you will see we are sympatico about there being 2 systems of justice in this country, one for the wealthy and connected, and one for regular folk. The big difference is I don’t see the solution being giving lawbreakers who aren’t wealthy or connected a free pass. That is anarchy. The solution is to bring the “lofty” back to where they belong, w/ EVERY other person. Your comments are substantive, there has been a paucity of that lately.
Yes indeed.