Jessica's Law Challenged in CA

Discussion in 'Law and Justice System' started by chanel, Jan 30, 2010.

  1. chanel
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    chanel Silver Member

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    Constitutionality of 'Jessica's Law' questioned - latimes.com

    Hmmmmm. I wonder who was representing Mr. McKee. Any guesses?
     
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  2. strollingbones
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    strollingbones Diamond Member

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    i have a problem with indefinate sentences...or adding on to the sentence after the person has served what was given....all its says about the lawyer is he would not return the phone call
     
  3. jillian
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    jillian Princess Supporting Member

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    poor dear is trying to imply that the ACLU is defending the guy. Don't you recognize the rightwing rant?

    All the Court said is there has to be a showing that sex offenders are a greater risk to the population for recidivism than other types of criminals.

    Oh no!! How horrible!!! They want the Constitution to apply!! I thought the "constitutionalists" want that. *shrug*

    Reality: Even if it is the ACLU, popular thoughts, actions, people don't get their constitutional rights violated. It's only the things the majority doesn't like that need protection.
     
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  4. chanel
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    chanel Silver Member

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    Caught that eh? Yes Jillian I do believe that the ACLU is involved. They have challenged every sex offender law on the books.

    Legal question - If this is overturned in CA (and I'm not saying that it will), will it apply to all other states?
     
  5. RetiredGySgt
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    RetiredGySgt Platinum Member

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    I disagree with this law because of the limits on where people can live AFTER serving their time. That is cruel and unusual punishment when they can not even live in a town or city and are forced to live under a bridge somewhere.

    Further what right do they have AFTER the time served to tell this now free person where they can and can not live?

    I do not disagree with locking them up forever if they are a threat.
     
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  6. RetiredGySgt
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    RetiredGySgt Platinum Member

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    California Supreme Court only applies to California.
     
  7. jillian
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    jillian Princess Supporting Member

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    Well, it was kind of obvious. :lol:

    Maybe because people want to (including me) treat sex offenders in a way that isn't consistent with our Constitution???? Who else is going to defend the constitution regardless of whether or not the subject matter offends you? That's what they're supposed to do and if they're not pissing us off, they aren't doing their jobs. Do you think I like the idea tha Nazis can march themselves through a community of holocaust survivors? I don't. But it was the right call constitutionally.

    Will it apply to other states? Well, do you think people should be imprisoned indefinately? There will be similar suits in other states. But California is not binding precedent for anywhere but Cali.

    We all know that the recidivism rate for sex offenders is astronomical. I'm personally for chemical castration, but that's for another conversation. But -are they more dangerous than other offenders who have finished their sentence? And if they are, give them longer sentences.
     
    Last edited: Jan 30, 2010
  8. chanel
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    chanel Silver Member

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    I'm not sure if the residency requirement is practical. However who can argue with this?

    Proposition 83 increased penalties for repeat sex offenders, prohibited them from living near schools and parks, and changed the law to permit their indefinite confinement to mental institutions, instead of two years with the possibility of extensions.

    If we accept the fact that they are insane and treatment rarely works, shouldn't they be confined indefinitely?

    And what about GPS monitoring? Isn't that a violation of "equal protection"?
     
  9. jillian
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    jillian Princess Supporting Member

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    We can't argue with it... which is why, if it doesn't comport with the constitution, someone has to.

    As for accepting the "fact that they are insane and treatment rarely works", that is our presumption. It is what the hearing is going to examine. They also have to be more dangerous to society that other offenders in order to treat them differently.

    GPS monitoring? Whether its a violation depends on a balancing of the person's right versus the governmental interest. That's the standard as I understand it.
     
  10. strollingbones
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    strollingbones Diamond Member

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    when a society....sexualizes kids to the point this society has...what can you expect? a society with no shame...ends up having no morals
     
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