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In Arizona, Parents Could Go to Jail for Changing Their Kids' Diapers
reason.com ^ | Sep. 19, 2016 1:00 pm | Lenore Skenazy

Posted on 10/03/2016 9:39:22 AM PDT by COBOL2Java

What's the difference between a parent changing his baby's diaper and a child molester fondling a 12-year-old's breasts?

In Arizona, that's a trick question—because, legally, there is no difference. In a state Supreme Court ruling that came out last week, the justices determined that intentionally or knowingly touch the private parts of a child under age 15 is automatically a felony.

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: Arizona
KEYWORDS:
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1 posted on 10/03/2016 9:39:22 AM PDT by COBOL2Java
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To: COBOL2Java

The courts are just plainly insane


2 posted on 10/03/2016 9:40:50 AM PDT by Nifster (Ignore all polls. Get Out The Vote)
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To: COBOL2Java

I’d really have to see the wording of the actual law before I’d swallow this particular hook.


3 posted on 10/03/2016 9:41:20 AM PDT by Mr. Douglas (Today is your life. What are you going to do with it?)
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To: COBOL2Java

I’m not sure if this is an “I’m Spartacus!” moment or an opportunity for the Dr. Floyd Ferris quote from “Atlas Shrugged”.


4 posted on 10/03/2016 9:41:38 AM PDT by ClearCase_guy (Abortion is what slavery was: immoral but not illegal. Not yet.)
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To: Mr. Douglas
I’d really have to see the wording of the actual law before I’d swallow this particular hook.

Did you click on the link? The story includes a link to State vs. Holle. You can see for yourself.

5 posted on 10/03/2016 9:43:11 AM PDT by COBOL2Java (Hillary's screeching voice is like the pipe organs of hell)
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To: COBOL2Java

Somehow I doubt a jury would convict anyone over changing diapers.

But a real loon can sic CPS on anyone for it and make their lives a real cluster.


6 posted on 10/03/2016 9:47:08 AM PDT by VanDeKoik
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To: COBOL2Java

“...if defendants can prove that they were “not motivated by sexual interest,” then they can avoid being deemed sex offenders. But this places the burden of proof on the accused to prove their innocence, not the state to prove their guilt. The state no longer has to demonstrate that the contact was non-sexual—the accused party has to prove that.”


Boom. That makes it unconstitutional.


7 posted on 10/03/2016 9:48:28 AM PDT by Mr. Douglas (Today is your life. What are you going to do with it?)
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To: VanDeKoik

As the article says, going to court is not the big fear...

“...90 percent of all cases never go to trial and are determined by plea bargain, this gives prosecutors a giant scythe to dangle over any citizen: Are you going to go to court to prove you’re not a sex offender? Or are you going to take a plea?”


8 posted on 10/03/2016 9:49:13 AM PDT by TigersEye (~Questionable Hillary thinks Putin made me post this!~)
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To: Mr. Douglas
Boom. That makes it unconstitutional.

Now all we have to do is find a government that cares what is or isn't Constitutional.

9 posted on 10/03/2016 9:51:04 AM PDT by TigersEye (~Questionable Hillary thinks Putin made me post this!~)
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To: TigersEye

My take is that, though this is somewhat disturbing, it’s a bit like being on the Titanic and breaking a nail.


10 posted on 10/03/2016 9:52:30 AM PDT by Mr. Douglas (Today is your life. What are you going to do with it?)
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To: COBOL2Java

So the poor kid is going to get nasty diaper rash because no one can apply Desitin? Insanity doesn’t cover it.


11 posted on 10/03/2016 9:54:07 AM PDT by madison10 (Proud to be a Deplorable)
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To: COBOL2Java

What utter legal nonsense and heresy.

The SCOAZ decision reaches no further than the parties involved and any other case with the same facts and questions of law.

WHY DO PEOPLE CONTINUALLY WANT TO GIVE THE COURTS LEGISLATIVE POWER??? The power of the courts is limited to INDIVIDUAL CASES AND CONTROVERSIES.

This decision does NOT create statewide law!!!


12 posted on 10/03/2016 9:56:04 AM PDT by Jim 0216
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To: Mr. Douglas

That’s a point.


13 posted on 10/03/2016 9:57:57 AM PDT by TigersEye (~Questionable Hillary thinks Putin made me post this!~)
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To: TigersEye
“...90 percent of all cases never go to trial and are determined by plea bargain, this gives prosecutors a giant scythe to dangle over any citizen: Are you going to go to court to prove you’re not a sex offender? Or are you going to take a plea?”

Then, the defense attorney will tell the young couple "Just take plea bargain; it's the easiest way out."

Everything's fine until years later, when Dad finds out he's a registered sex offender.

14 posted on 10/03/2016 9:58:36 AM PDT by COBOL2Java (Hillary's screeching voice is like the pipe organs of hell)
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To: Nifster
hehehehehe!!!! Take the dirty diaper wearing kid to the court room, after a whiff while you’ll be told to change it. Then do it right on the Judges Bench hehehehehehehe!!!!!
15 posted on 10/03/2016 9:59:49 AM PDT by SandRat ( (Duty - Honor - Country! What else needs said?))
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To: COBOL2Java

Precisely the problem.


16 posted on 10/03/2016 10:02:06 AM PDT by TigersEye (~Questionable Hillary thinks Putin made me post this!~)
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To: VanDeKoik
The accusation could be made by a vindictive ex-spouse (imagine a bitter child custody conflict) or a rebellious older child (imagine defiant teen.) There's no end to malice such people could inflict, with such a vague law. "My dad touched my little sister!"

As the article notes, it will be of most use to prosecutors as a threat: you plead guilty to A or we haul you into court for B. Proscutorial discretion + ambiguous law = no end of hellish tyranny.

17 posted on 10/03/2016 10:04:37 AM PDT by Mrs. Don-o ("What people will submit to, is the exact measure of the injustice which will be imposed upon them.")
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To: COBOL2Java

-—The Arizona law that triggered this decision deliberately keeps the tripwires vague. And the state Supreme Court had no problem with that, relying on what it believes will be the impeccable restraint of all prosecutors throughout the state:——

Ok...that made me chuckle...

Prosecutors restraint... LOL...

Tell that to the 100,000’s overcharged or innocently railroaded that have been jailed...


18 posted on 10/03/2016 10:06:40 AM PDT by Popman
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To: COBOL2Java

Another reason for men to dodge the baby trap.


19 posted on 10/03/2016 10:14:56 AM PDT by Bryanw92 (If we had some ham, we could have ham and eggs, if we had some eggs.)
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To: Nifster

You obviously did not read the decision...


20 posted on 10/03/2016 10:22:07 AM PDT by TexasGator
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