Too Short for Prison: Update

The case I posted about yesterday, in which a 5’1” child molester was given probation instead of jail time because the judge felt he was too short for prison, has caught the attention of victims’ rights advocates and the National Organization of Short Statured Adults. Additionally, the Nebraska State Attorney General will appeal the decision, “calling the sentence far too lenient.”

NOOSA Secretary Joe Mangano said, “I'm assuming a short inmate would have a much more difficult time than a large inmate. It's good to see somebody looking out for someone who is a short person.” Again, a solution to this is separation from the general population, not reducing a 10-year prison sentence for repeatedly sexually assaulting a 12-year-old girl to probation.

Marla Sohl, of the Nebraska Domestic Violence Sexual Assault Coalition, makes the point that the decision appears to confer more concern upon the convicted molester than his victim. “I'm concerned about the message this sends to victims and perpetrators.” Absolutely. There are other ways of making sure justice is served on behalf of the victim without unnecessarily endangering the perpetrator, nor providing other potential sexual predators with a (quite literal) get-out-of-jail free card.

And, in fairness, this doesn’t send a particularly good message to other convicted child molesters who drew a different genetic straw making them “tall enough” for prison. One of the endemic problems with our justice system in its current state is the unequal application of sentences; if you’re rich, you’re likely to serve less time than if you’re poor; if you’re white, you’re likely to serve less time than if you’re black. Etc. This systemic inequity isn’t helped by creating another class of disparity—you’ll serve less time if you’re short than if you’re tall. Bad decision all around, for a whole host of reasons.

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