Over the last two weeks, Judge Brian Hill has been severely castigated over the sentencing in the Duanying Chen case. I believe this criticism to be unfair, and I very much disagree with the two criticisms most frequently voiced in these complaints: 1) that Chen got off with a “slap on the wrist,” and 2) that we need mandatory sentencing to “fix” the problem highlighted by placing Chen on probation instead of sending him to prison. Chen pled guilty and was convicted of assaulting his domestic partner and of torturing her pet Doberman pinscher to the point where the injuries inflicted led to the animal’s euthanization. The probationary sentence imposed on Chen was not a “slap on the wrist”; it carries significant lifelong consequences, including the possibility of a future prison sentence if he does not abide by the terms of the sentence while on probation. And, mandatory sentencing does nothing to improve the quality of justice we receive from our courts. Let me explain.
When we go to our courts, we want our judges to listen to us without having made up their minds about the outcome of the proceeding ahead of time, and we want the outcome to be determined only by what we present in court (or what is presented on our behalf) and not by what others outside of the courtroom may call upon the judge to do. We want our judges to be fair and independent. Judge Brian Hill is such a judge. The court’s sentencing decision in Chen’s case took into account all of the circumstances of the offense as presented by the prosecutor, the Probation Department, the testimony of two police officers and a treating veterinary doctor, as well as opinions expressed in letters from the public presented to the court by the prosecutor. The court also took into account Chen’s words to the court and Chen’s life and circumstances before making a decision uninfluenced by anything other than the court’s own independent evaluation of the offense and the offender. This is exactly what we would want a court to do if you, I, or a loved one were before a court for sentencing.
Chen did not “get off” with a “slap on the wrist.” He was convicted of committing four felony offenses, and when sentenced, he was immediately sent to jail for a year without the possibility of being granted an alternative sentence. He was also placed on supervised probation for five years, and required to pay over $24,000 in restitution. Upon being arrested, he was jailed and put in the public spotlight, bringing shame and worldwide condemnation to himself and his family. At the age of 19, his life and his future were undone by his thoughtless and cruel acts. These are very real and very painful consequences associated with simply being charged with a crime and being brought to court.