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Interesting debate over judge's questions to rape victim at sentencing

By Douglas A. Berman

Thanks to Scott at Grits for Breakfast, I have learned of an interesting debate over how a Texas state judge at sentencing questioned a rape victim.  Here are some links to the story and reactions: From the Houston Chronicle here: "After rapist convicted, judge grills the victim" From Grits here, "Did Judge Kevin Fine cross the line questioning a rape victim? Your answer may say a lot about you" These stories raise broader questions about the procedures that are used and should be used when victims are involved in the sentencing process.  Because nearly all sentencing proceedings take place in front of the sentencing judge, rarely are the formalities of the adversarial system followed (and, of course, many constitutional and statutory rules applicable at trial do not even apply at sentencing)...continue to full post

Full post as published by Sentencing Law and Policy on August 26, 2009 (boomark / email).