Robert H. Richards IV, a wealthy heir to the du Pont fortune, has been spared prison after being convicted of raping his three year old daughter. Delaware Superior Court Judge Jan Jurden sentenced the admitted serial child-rapist to probation on the ground that he "would not fare well" in prison. The case echoes the affluenza scandal in which a judge spared a rich child a prison sentence after he had killed four people on the grounds that he was so rich that he couldn't distinguish right from wrong.

As the long, excellent article in the News Journal notes, it's nice to hear judges focusing on the rehabilitative dimension of the justice system, but it's enraging and offensive to see that this kind of mercy is disproportionately dispensed to the wealthiest members of society, especially as America sinks further into its decades-old scandal of mass-incarceration, becoming one of history's most prolific imprisoners of poor people and people of color.

The prosecutor bears some responsibility here too, having agreed to a plea bargain for a lesser charge without a mandatory minimum sentence -- the kind of prosecutorial discretion that we'd have loved to have seen in the Aaron Swartz case and many other cases involving people who are not trust-fund multi-millionaires.

Richards is a healthy, imposing man in early middle age. Many others who would "not fare well" in prison, including trans* people and people with disabilities are routinely sentenced to long, brutal incarceration. It would be nice to see the American judicial system extend this mercy to them. In particular Judge Jurden has a reputation as a "tough sentencing judge" (except when confronted with child-rapists from one of America's largest family fortunes).

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