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Judi Lynn

(160,649 posts)
Wed Apr 1, 2015, 06:03 PM Apr 2015

Prosecutor fired amid reports of sterilization in plea deals

Source: Associated Press

Prosecutor fired amid reports of sterilization in plea deals
By SHEILA BURKE, Associated Press | April 1, 2015 | Updated: April 1, 2015 4:20pm

NASHVILLE, Tenn. (AP) — A Nashville prosecutor has been fired after reports surfaced that he made sterilization of women part of plea negotiations in some cases.

Former Assistant District Attorney Brian Holmgren confirmed Wednesday that he was fired from the Davidson County District Attorney's office. He declined to comment specifically on his dismissal, and officials would not say what prompted his firing.

The firing came after The Associated Press reported that the invasive surgery was part of plea bargain talks at least four times in the past five years in child abuse and neglect cases. The most recent of those cases was first reported by The Tennessean newspaper.

That case involved a woman with a 20-year history of mental illness who had been charged with neglect after her 5-day-old baby mysteriously died. Her defense attorney said Holmgren wouldn't go forward with a plea deal to keep the woman out of prison unless she had the surgery.


Read more: http://www.chron.com/news/us/article/Prosecutor-fired-amid-reports-of-sterilization-in-6172985.php

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Prosecutor fired amid reports of sterilization in plea deals (Original Post) Judi Lynn Apr 2015 OP
This is why I say JustAnotherGen Apr 2015 #1
This is a lot different cosmicone Apr 2015 #2
if you kill a child either directly or via neglect seveneyes Apr 2015 #3
That's why it's called a "plea deal" itsrobert Apr 2015 #4
Given how broadly states are defining neglect or even directly rpannier Apr 2015 #5
I respectfully disagree JustAnotherGen Apr 2015 #6
Again, you are comparing sterilization cosmicone Apr 2015 #7
No I'm not JustAnotherGen Apr 2015 #8
I agree with you. At what point does the state not have a surgical redress? Stop pick pocketing.... marble falls Apr 2015 #9
So, a rapist could avoid prison by agreeing to have his penis amputated? Sheldon Cooper Apr 2015 #11
Castration would be a better analogy cosmicone Apr 2015 #12
Regardless Of The Intentions cynzke Apr 2015 #10

JustAnotherGen

(31,956 posts)
1. This is why I say
Wed Apr 1, 2015, 06:23 PM
Apr 2015

Reproductive Rights are important.


ETA:
From within the article:


The cases evoke a dark corner of American history where the mentally ill, minorities and those deemed "deficient" were forced to undergo surgery so they could not have children.

The woman where this came to light - not guilty by reason of insanity. In and out of mental hospitals since she was 16, and stabbed herself in the stomache when pregnant another time.

 

cosmicone

(11,014 posts)
2. This is a lot different
Wed Apr 1, 2015, 06:47 PM
Apr 2015

The women in these cases had already caused death or serious disability in their children and were facing long prison sentences.

I think that if you kill a child either directly or via neglect, you should forfeit the right to have any more children.

 

seveneyes

(4,631 posts)
3. if you kill a child either directly or via neglect
Wed Apr 1, 2015, 07:10 PM
Apr 2015

Their life in prison sentence should take care of any chance of a repeat offense.

rpannier

(24,345 posts)
5. Given how broadly states are defining neglect or even directly
Wed Apr 1, 2015, 07:50 PM
Apr 2015

I would argue against you
You have states that are deciding that you can kill a fetus, that letting your child go to a playground unattended can be neglect, etc
Not willing to give that kind of power to an entity that is more concerned with getting their pound of flesh

Inb this case, teh woman had a history of mental illness going back a fairly long time.
Again, it sounds more like the prosecution is less interested in justice

JustAnotherGen

(31,956 posts)
6. I respectfully disagree
Wed Apr 1, 2015, 07:55 PM
Apr 2015

When a people has engaged in this behavior unethically - they can never be entrusted with the responsibility again. Prison - an all female environment - is appropriate.

Over time, the scope of the Board's work broadened from a focus on pure eugenics to considering sterilization as a tool to combat poverty and welfare costs. Its original purpose was to oversee the practice of sterilization as it pertained to inmates or patients of public-funded institutions that were judged to be 'mentally defective or feeble-minded' by authorities. In contrast to other eugenics programs across the United States, the North Carolina Board enabled county departments of public welfare to petition for the sterilization of their clients.[3] The Board remained in operation until 1977. During its existence thousands of individuals were sterilized. In 1977 the N.C. General Assembly repealed the laws authorizing its existence,[4] though it would not be until 2003 that the involuntary sterilization laws that underpinned the Board's operations were repealed.[5]

Today the Board's work is repudiated by people across the political, scientific and private spectrum.[citation needed] North Carolina is currently considering compensation for those sterilized under the Board's jurisdiction.[6]

http://en.m.wikipedia.org/wiki/Eugenics_Board_of_North_Carolina

That's just one state that engaged in this behavior.

We can't be trusted. We aren't accountable. We weren't accountable in North Carolina until 2003.

Life in prison sets it straight. If they get pregnant in prison - then that's yet another failure on our part.
 

cosmicone

(11,014 posts)
7. Again, you are comparing sterilization
Wed Apr 1, 2015, 08:18 PM
Apr 2015

due to poverty and skin color to someone who has killed or seriously harmed a child.

Also, a woman given the choice of sterilization has a choice -- she doesn't have to take the plea deal and go to trial, be convicted and spend the rest of her life in prison.

There is no coercion involved and no blanket selection of a group for sterilization.

JustAnotherGen

(31,956 posts)
8. No I'm not
Wed Apr 1, 2015, 08:36 PM
Apr 2015

The women involved in this case would not have been capable of making that decision. Go read the article again. He should not have had this on the table. And that's why he lost his job.

Many of those people had committed crimes (North Carolina) - one the crime of giving birth at 13.

We will have to agree to disagree. You will never get me to agree that you, me, the state should be making these decisions.

By my moral code - its wrong.

We have a prison industrial complex - use it.

marble falls

(57,390 posts)
9. I agree with you. At what point does the state not have a surgical redress? Stop pick pocketing....
Thu Apr 2, 2015, 09:06 AM
Apr 2015

amputate hands?

Sheldon Cooper

(3,724 posts)
11. So, a rapist could avoid prison by agreeing to have his penis amputated?
Thu Apr 2, 2015, 10:02 AM
Apr 2015

No coercion involved, and no blanket selection. Just make the choice: your freedom or your penis.

 

cosmicone

(11,014 posts)
12. Castration would be a better analogy
Thu Apr 2, 2015, 10:06 AM
Apr 2015

and I have been suggesting it for years.

Actually, for severely compulsive sexual and violent predators, there is an operation called "amygdalotomy" which renders them mellow and devoid of libido. I have been a strong proponent of it.

cynzke

(1,254 posts)
10. Regardless Of The Intentions
Thu Apr 2, 2015, 09:46 AM
Apr 2015

Related to these cases, what I find disturbing and think is the real issue. Whether as DA should have this much power and how often they use it. Its ripe for abuse and open to prejudice. I can see a DA imposing this offer more on minorities.

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