(Apologies to whoever posted this earlier. I opened it up in a new tab and can’t find it in my dashboard now. EDIT: it was alexbalk.) Wow, this is genuinely heart-breaking. Both in terms of the victim being molested/abused, but for me it’s more so with regards to the utter failure of the justice system to account for this individual’s disabilities. Hell, this would be an offensive sentence if he were a first-time offender of average intelligence. As the article points out, “Repeat child molesters and rapists routinely receive lesser sentences than Hart’s.” It’s offensive to me that someone who is clinically and measurably mentally retarded to this extent could be treated as an adult, and dealt with so dismissively. I’ve written before about my views on the death penalty, and whilst that doesn’t apply specifically in this case, my points about state power and its duty to protect everyone, even the accused, are relevant again. Hart had a state-appointed lawyer, who seemingly did not execute his duties correctly. I’m not saying that he should have been acquitted, absolutely not. I’m sure the proof was there that he actually did molest/abuse the boy, but it’s with regards to the sentencing that I’m amazed and sickened. This man should not be in an adult prison. He should be somewhere where his liberty is taken from him, but in a more caring environment which recognises the limits to his mental faculties. We wouldn’t place a 12-year-old in an adult jail, even if he had killed someone, and it should be likewise for Hart. As a slight aside, from this article I ended up reading about the mentally retarded prisoner James Lee Clark, who was executed by the state of Texas in 2007. That is one harrowing tale of institutional failure and what seems to be a determination to execute regardless of the facts or the individual.
Fairness of 100-year prison sentence for mentally disabled offender questioned
