News: How Likely is Jack Schaap to Get a Sentence Reduction?

News: How Likely is Jack Schaap to Get a Sentence Reduction? July 8, 2014

Schaap’s victim was a teenager, not a small child, but these words are as true for her as they are for the child pictured

Jack Schaap Molests Teenaged Girls, Independent Fundamentalist Baptist Church covers up for sexual predator pastors, Jack Schaap victim blames sexual history

The response includes several excerpts from Schaap’s September 2012 plea hearing, at which U.S. District Court Judge Rudy Lozano quizzed him about whether he understood that the government was going to recommend a 10-year sentence but that the judge did not have to follow that recommendation. The judge also questioned Schaap as to whether anyone had made him promises about what his sentence would be.

“At no time during the change of plea hearing did (Schaap) express confusion regarding the minimum sentence he faced or suggest (as he conveniently does now) that he believed 10 years to be the maximum,” the government says in its filing.

Sounds like buyers remorse from here. Jack Schaap did what his attorneys recommended, it didn’t work out like they told him it likely would and now that the reality has settled in he’s whining and trying to claim all sorts of nasty inappropriate things. Like this:

Schaap also claims his sentence violates his constitutional rights because it is cruel and unusual punishment, and the sentence should be reduced because the girl was sexually experienced.

Federal trial rules prohibit evidence about a victim’s sexual past in such a case, and a defendant cannot use that as a defense in the case of a minor, according to the government’s response, which also notes that Schaap’s 12-year term is two years less than the 14 years that federal sentencing guidelines recommend for such an offense.

Cruel and unusual punishment? Jack Schaap violated the Mann Act by his own admission and that carries with it a penality of being incarcerated in federal prison. How is that either cruel or unusual? Did he think he was going to be allowed to go to white collar country club prison for a few years?

Plus, again, SHE WAS A MINOR he exploited for personal sexual advantage when he was supposed to be counseling her for past sexual abuse. Major violations there, buddy! The only legal bearing her past sexual history should properly have on this case is illustrating his gross abuse of his position.

Question of the day: Does Schaap stand any chance of getting his sentence reduced? Any lawyers out there?

Read the rest of the article at Chicago Sun-Times Post Tribune

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