Home » Claiming to be trans isn’t exactly a Get Out of Jail Free card, but it’s close enough: the case of Nicholas “Sophie” Roske, would-be assassin

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Claiming to be trans isn’t exactly a Get Out of Jail Free card, but it’s close enough: the case of Nicholas “Sophie” Roske, would-be assassin — 33 Comments

  1. One Democratic judge after another reveals themselves to be unfit for the position they hold. Also: corruption in case assignments.
    ==
    Another example, in case you needed one, demonstrating that judges should have no discretion over sentencing.

  2. @Art Deco: Agreed. I cannot see why we allow judges any discretion over sentencing. The only job they should have is as referees during the actual trial.

  3. No discretion in sentencing is too rigid and leads to a different kind of injustice.

    The problem is the judges, not that discretion is allowed.

  4. No discretion in sentencing is too rigid and leads to a different kind of injustice.
    ==
    The problem is the statute in those cases.

  5. Surprised to learn that the female to male ratio is higher than the other way, although that was the case in the one instance of which I am personally aware.
    For what it is worth, that case was a late teen, or young adult and followed extensive counseling. It was also traumatic for familly members–particularly the Father who worshipped his daughter. But he accepted and supported in due time.

    May not be appropriate, but in my ignorance I have occasionallly wondered if the ability to create sperm or eggs magically follows the ‘change’.

  6. Art Deco:

    It is impossible to write a statute that would cover all bases.

    This is a big question i thought about in depth in law school and after.

  7. Giving us another Trannie with a gun
    Marxism is weighing a person against society and what they supposidly do to them. If society causes the person t o do the crime, it’s not their fault.

  8. It is impossible to write a statute that would cover all bases.
    ==
    Judicial discretion doesn’t cover bases either, it just makes sentencing erratic.

  9. neo on October 4, 2025 at 4:04 pm said:
    No discretion in sentencing is too rigid and leads to a different kind of injustice.

    The problem is the judges, not that discretion is allowed.
    ________
    If the problem is the judges, then why in the world should they have any input in sentencing? Maybe someone should, but why should it be the judge? I see nothing to indicate they’d be anyone to trust.

    In reference to your response to Art Deco “It is impossible to write a statute that would cover all bases.” Well, yes. Plato says so in the Republic, and gives it as a reason for the Guardians to be so very carefully brought up. Granted, no one thinks he came up with the answer. But at least he tried. That’s more than we can say.

    Personally, I’d exclude anyone with a law degree from that stage of the process; I think the two functions are incompatible.

  10. Eeyore:

    Local judges mostly reflect the communities around them. Judges in blue communities are the ones we complain about. But apparently, for the most part, the citizens in leftist areas are mostly happy with them. District-shopping at the federal level is one problem, too – although this was not a case of district-shopping, since the crime did occur in Maryland. DC judges are a big problem, too.

    In different communities there are varied qualifications for judges, plus they are appointed/elected in different ways. These things reflect local preferences. So there’s a great deal of variety.

    But the fact that judges vary and most are far far from the Solomon level does not mean it would be an improvement to allow them no discretion in sentencing. Some flexibility is a good thing, because total rigidity also causes real problems that I think are worse in the end. Among other things, mandatory sentencing would place even more discretion in the hands of prosecutors who decide what charges to bring. With mandatory sentencing, there is more potential for injustice in the direction of sentences that are too long.

    The US has for most of its history had flexible sentencing. See this:

    Throughout US history, prison sentences were primarily founded upon discretionary sentencing. Mandatory sentencing and increased punishment were enacted when the United States Congress passed the Boggs Act of 1951. The act made a first time cannabis possession offense a minimum of two to ten years with a fine up to $20,000; however, in 1970, the United States Congress repealed mandatory penalties for cannabis offenses. With the passage of the Anti-Drug Abuse Act of 1986 Congress enacted mandatory minimum sentences for drugs, including marijuana, with 2-5 years for a first offence and 5-10 years for a second. The Anti-Drug Abuse Act of 1986 also implemented mandatory sentencing for offences related to cocaine. In 1994, Safety Valve laws were created to reduce mandatory sentencing for certain nonviolent, non-managerial drug offenders with little or no criminal history.

    Individual states in the US can have mandatory sentences. In 1994, California introduced a three-strikes law, which imposed a mandatory term of life-imprisonment for a third felony conviction; the law was intended to reduce crime by deter repeated offenders. However, the laws have created cases where sentences are considered extremely disproportionate to the crimes committed. For example, Santos Reyes was sentenced to life imprisonment with a non-parole period of 29 years after he was convicted of perjury in relation to cheating on his drivers licence test in 1997. Reyes had previous convictions for burglary and armed robbery more than 11 years earlier, making the perjury charge his third strike. Other examples include Curtis Roberts, who was sentenced to life imprisonment with a non-parole period of 50 years for three non-violent thefts which combined only obtained $116.

    I’ve never liked 3-strikes laws for that reason.

    My remedy for the Roske case would be to still have discretionary sentencing for attempted assassination, but to raise the minimum in the range. It’s too serious a crime to have sentence of 8 years, but the judges still need to have some discretion.

  11. Oldflyer: Back in the days when they were few, when rigorous controls were imposed such as you had to go for psychiatric treatment to get rid of any other problems before they would agree you were trans, it was mostly male-to-female.

    Now that it’s chic, it’s mostly female to male

  12. @neo:It is impossible to write a statute that would cover all bases.

    This is a big question i thought about in depth in law school and after.

    In case your thoughts don’t convince Art Deco and Eeyore, I’d point out that many others have thought about it too, which is why the courts of equity were set up hundreds of years ago. I don’t think most Americans who didn’t study law know about courts of equity, as the Federal government and most states don’t have separate courts of equity. I only know about them through reading nineteenth century novels such as Bleak House and through reading Blackstone’s commentaries.

    There is more potential for injustice in the direction of sentences that are too long… I’ve never liked 3-strikes laws for that reason.

    I actually do like “three strikes” laws, for that reason. The same is said about “broken windows” policing and we have all seen the good that does and I don’t see “three strikes” as any different. They are better than the alternative, in my opinion, even if, like “broken windows” policing, in some cases they seem to be disproportionate. It’s not really very difficult to go through life without felony convictions. The vast majority of crimes are committed by a small proportion of criminals and the public too has a right to justice, not to mention security.

  13. Oldflyer wrote: “May not be appropriate, but in my ignorance I have occasionallly wondered if the ability to create sperm or eggs magically follows the ‘change’.”

    If your question is not rhetorical, then no, “they” can’t produce sperm or eggs from the sex opposite to their birth sex.
    ====
    I was musing on the Democrat wailing and gnashing of teeth which would follow a loony from the Right attempting to assassinate three Democrat SCOTUS Justices.

  14. In case your thoughts don’t convince Art Deco and Eeyore, I’d point out that many others have thought about it too, which is why the courts of equity were set up hundreds of years ago. I don’t think most Americans who didn’t study law know about courts of equity, as the Federal government and most states don’t have separate courts of equity.
    ==
    They largely disappeared during the 19th century due to inefficiency and forum shopping. See Jarndyce v. Jarndyce.

  15. We have three strikes laws because lawyers are innumerate.
    ==
    Assign a point value to each offense in the penal code and delineate a set of rules for the state sentencing commission to calculate point values from convictiions in thoer jurisdictions. Craft a formula which calculates a multiple by which a sentence is enhanced for which the point accumulation is an argument.

  16. ” . . . the female-to-male trans rate is far higher”: Since when? Since being “trans” became a social contagion among adolescent girls?

    Historically, the male-to-female trans rate has been far higher. Indeed, the female-to-male trans rate has been vanishingly minuscule. And I believe that’s still the case.

    The trans “movement” does not represent the trans population in general. It’s a bogus product of fake “trans” activists. One tell is how little it has to do with actual civil rights.

  17. @neo: For a woman to claim to be a man in order to get into a male prison (which, prior to Trump’s order, would have been possible) either never happens or is vanishingly rare, again for obvious reasons.

    Amusingly, Brittney Griner, the women’s basketball star who carried a marijuana CBD extract into Russia, was caught, sentenced then …

    The Russians put her into a men’s prison. Maybe because she was so big — she is massive for a female — or maybe because they knew something Americans don’t.

    There is a persistent rumor that Griner really is male.

    https://timesofindia.indiatimes.com/sports/international-sports/brittney-griners-deep-voice-in-viral-video-shocks-fans-sparks-new-wave-of-gender-rumors/articleshow/121186775.cms

    I’m just enjoying this conspiracy theory. But once you watch the embedded videos in this article, you may never be able to get that possibility out of your head.

  18. Selfy, it was mostly rhetorical because I cannot imagine the process. On the other hand, there are so many unimaginable processes in play that there is always room for a minimal level of doubt.
    Perhaps it would be appropriate to say that a person is transitioning to semi-male, or semi-female. Probably not socially acceptable. At any rate the issue is of little significance in America or Europe, since no one wants to bother with children anyway.

  19. @Art Deco:They largely disappeared during the 19th century

    Rather, the equity function has largely been assumed by other courts. Some US states have separate courts of equity. But the equity function is retained in all common law legal systems, regardless of what they call the court you have to go. Not limited to common law of course but I don’t know much about civil law.

    Jarndyce vs Jarndyce was of course fiction, in the novel Bleak House which I mentioned. Fortunately, since they abolished the separate courts of equity, no lawsuit has ever dragged on pointlessly for years to the ruin of litigants and the profit of lawyers ever again.

  20. @Oldflyer:Selfy, it was mostly rhetorical because I cannot imagine the process.

    Look it up. It’s horrifying. For the MTF transition they essentially create a wound that cannot be permitted to heal, and which will close up if left to itself, and requires a lot of medical treatments to maintain in one state. For the FTM transition, they create an organ that does not look or function like the one it is intended to simulate. Irreversible infertility of course results.

  21. Re: Transitioning

    Plus it puts a big kibosh on orgasms.

    For me that’s Full Stop. I’m not taking this bus.

  22. Looks like the new hotness—Thou shalt MURDER—has been supplanted by the NEW new hotness:
    Mutilation is a HUMAN RIGHT (and thus a virtue)!

    File under: DO MUCH HARM… (well, as much as possible…)

  23. Meanwhile….

    “Emails show evidence gender transition providers for kids hid what they do, misled journalists;
    “University of California San Francisco floats idea of suing Tucker Carlson before he reports anything after asking about its genital surgeries on minors, hides 9-year-old on puberty blockers in correcting New York Times on 8-year-old.”—
    https://justthenews.com/accountability/watchdogs/emails-show-gender-transition-providers-kids-hiding-what-they-do

    But of course they do…
    (Their collective consciences wouldn’t have it any other way….)

  24. neo on October 4, 2025 at 8:28 pm said:
    Eeyore:

    You’d exclude anyone with a law degree from which stage of the process?
    ________
    Sentencing. I think the training is directly contrary to the intended goal. It is an essential purpose of lawyers to help their clients evade punishment. (And there are good practical reasons for that.) But after a conviction, you ask judges to go against their training when sentencing comes up.

    Again, there is no reason to think a judge will be particularly qualified to sentence criminals.

  25. Another way of putting it is that, as referees, judges are concerned with process. But at the level of sentencing, that’s not the case, it should be all about the results. It’s the gap between deontologists and teleologists in ethics.

    And as always, there are occasions for each. But we forget to look at what they whole structure is for.

    @Niketas: ” In case your thoughts don’t convince Art Deco and Eeyore, I’d point out that many others have thought about it too, which is why the courts of equity were set up hundreds of years ago.”
    _____
    Which is why I explictly cited Plato. (And yes, I have read Bleak House, and know about equity. I was interested in legal philosophy, and really considered law school, until I decided I’d rather have a chance of going to heaven when I die. And didn’t feel up to doing it Thomas More’s way.)

    All our methods will be imperfect. And will go astray. Today, we are faced with a degraded judiciary. The first step to correcting that will be to look at what we expect from them. What is their purpose. Only after that can we figure out how to bring that about.

  26. @Eeyore:All our methods will be imperfect. And will go astray. Today, we are faced with a degraded judiciary. The first step to correcting that will be to look at what we expect from them. What is their purpose. Only after that can we figure out how to bring that about.

    I don’t disagree, but I would add that justice is an outcome and law is a process and we should never confuse the two.

    To return to Bleak House which should be read much more widely than it is, an illustrative quote in regard to a character that seems likely to hang for a murder he didn’t commit:

    “…It won’t do to have truth and justice on his side; he must have law and lawyers,” exclaims the old girl, apparently persuaded that the latter form a separate establishment and have dissolved partnership with truth and justice for ever and a day.

  27. Again, there is no reason to think a judge will be particularly qualified to sentence criminals.
    ==
    Bingo.

  28. On the Jay Jones thread, we veered slightly off that particular topic, and M J R linked this post in re the Jihadists in Britain.

    One of the very astute points she makes is that the British supporters of Hamas and jihadist attacks are the same (or close enough) as the supporters of trans ideology, and the goal of both is destroying the “native” culture of the UK* and the safety (and lives) of Jews and the hitherto-normal citizens who reject the mutilation of children for genderists’ crank theories.

    https://evebarlow.substack.com/p/meet-your-neighbor-jihad

    After which they will turn on each other, and the transies are going to get a very rude awakening.

    *Anywhere else in the world, any groups acting like the Muslims in the UK (and US, France, Germany, …) would be condemned as colonizing oppressors.
    If the Left didn’t have double standards….

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