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April 2017 Presentation Team Jackson

April 2017 Presentation Team Jackson

A look into the People v. Turner (Stanford Rape Case).

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Gerald Fineman

May 12, 2017
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Transcript

  1. First Interaction with Victim ▪ Unresponsive at the scene ▪

    Dress lifted exposing lower body ▪ Top of dress pulled down ▪ Regained consciousness at 4:15AM – over 3 hours later ▪ When she awoke – thought was in “drunk tank”
  2. The Witnesses / Good Samaritans ▪ Suspect was thrusting hips

    and female was not participating ▪ Stopped and yelled at suspect ▪ Suspect took off running ▪ Chased, tackled and restrained suspect
  3. The Victim’s Version of Events ▪ Dropped off at campus

    at 11:15PM ▪ Drank before arriving at the party – felt buzzed but coherent ▪ Drank while at the party – felt drunk ▪ Last thing victim remembers was being on the patio being offered a beer – she took one sip ▪ Woke up in hospital
  4. The Defendant’s Version of Events ▪ Meet on patio, danced

    together, started kissing ▪ Walked away holding hands ▪ Admitted to taking off victim's underwear, foundling her, penetrating her with his fingers ▪ Claimed victim was responsive ▪ Felt sick and stood up when confronted Brock Allen Turner
  5. Blood Alcohol Levels ▪ Victim: 0.24 BAC ▪ Prior to

    attending party – 4 shots of whiskey between 10:00 -10:30PM ▪ At the party – 2 shots of Vodka at party – One drink of cheap, warm beer ▪ Brock Turner: 0.16 BAC ▪ 7 beers and consumption of Fireball
  6. Criminal Charges ▪ Penal Code 220(a)(1) – assault with intent

    to commit rape ▪ Penal Code 289(e) – sexual penetration when the victim was intoxicated ▪ Penal Code section 289(d) sexual penetration where victim was unconscious. ▪ Penal Code section 261(a)(4) – rape of a victim unconscious of the nature of the act and 261(a)(3) - Dropped after prelim. ▪ Rape by an intoxicating anesthetic or controlled substance – Dropped after prelim.
  7. The Trial ▪ March 14, 2016 – March 30, 2016

    ▪ Judge Aaron Persky ▪ Convictions of three remaining charges
  8. Sentencing – June 2, 2016 ▪ Sentencing Memoranda – Probation

    Recommendation ▪ “unusual circumstances” – moderate county jail term (4-6 months) – The People ▪ Not eligible for probation re conviction on P.C. 220(a)(1) ▪ Seriousness of offenses and conviction of multiple counts ▪ No remorse or accountability ▪ Two other possible assaults ▪ Drug and alcohol use in excess ▪ Light sentence would minimalizes crime of assault – urged to send message ▪ Advocated for 6 years in prison
  9. The Defendant’s Sentencing Memo ▪ Agreed with Probation Dept. ▪

    Probation found Turner to be remorseful and low risk to re- offend ▪ Victim reported: did “not want him to rot away in jail, he doesn’t need to be behind bars” – Victim subsequently changed her mind ▪ Young age of Turner (23) – development not complete
  10. The Defendant’s Sentencing Memo Cont. ▪ “fundamentally a good young

    man from a good family…who made bad choices…especially related to alcohol and the 20 minutes or so during that night.” ▪ Turner submitted 35 Character Statements – Friend - Leslie: Differentiate from “real rape,” victim didn’t remember anything, “rape on college campuses aren’t always because people are rapists…This is completely different from a woman getting kidnapped and raped as she is walking to her car in a parking lot. That is a rapist. ” ▪ Turner’s Father’s letter: – “20 minutes of action out of his 20 plus years of life.”
  11. IMPLICIT BIAS ▪ What is it? – The attitudes or

    stereotypes that affect our understanding, actions, and decisions in an unconscious manner. – Also known as implicit social cognition ▪ Do I have an implicit bias? – Absolutely. – How can I measure my implicit biases or learn more about them?
  12. HARVARD UNIVERSITY’S PROJECT IMPLICIT IMPLICIT ASSOCIATION TEST ▪ Project Implicit

    studies implicit attitudes regarding particular stereotypes. ▪ The Implicit Association Test (IAT) measures the strength of associations between concepts and evaluations or stereotypes. ▪ The IAT brings to light hidden biases that may contradict conscious beliefs.
  13. ▪ It’s unclear whether implicit biases can be reduced or

    eliminated, so start by acknowledging it. ▪ Don’t let your implicit bias direct your actions. – Remove information that may trigger implicit biases. – Compensate for implicit biases. HELP, I HAVE AN IMPLICIT BIAS!