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What have we learned from the Sjodin case? (bashes talk-radio callers)
Bismarck Tribune ^ | December 11, 2003 | FREDERIC SMITH, Bismarck Tribune

Posted on 12/11/2003 8:02:39 AM PST by LurkedLongEnough

Unfortunately, it now looks as if the worst has happened in the Dru Sjodin disappearance, and the state is building a strong case that its suspect is a murderer. (Many talk-radio callers to the contrary, there will be a trial to decide that.) Alfonso Rodriguez, having been a violent sex offender previously, the most important thing after putting him out of business once and for all will be to decide how we can best protect ourselves against other repeaters.

Forget the death penalty. In states with the death penalty, it is for murderers -- and only a few of those -- and would not have helped in the Sjodin case since his previous victims were not murdered. Also, of late the usual philosophical objections have been buttressed by an evolving DNA science demonstrating that, in the United States, we have put many innocent people on Death Row. Even old stalwarts such as conservative political columnist George Will have withdrawn their support.

The death penalty is not going to happen in North Dakota (or Minnesota either, most likely).

Probably, both North Dakota and Minnesota already have the best tool -- civil confinement for those judged most likely to commit a sex crime. That law allows indefinite detainment of those who have done their time and even of those who missed a trial and probable conviction only because they were juveniles at the time of their offenses.

The concept has the approval of the U.S. Supreme Court, and the North Dakota law has passed muster with the state Supreme Court.

Minnesota failed to invoke civil confinement for Rodriguez, a fatal error of judgment, as it turns out. But that mistake does not invalidate the concept. You can bet Minnesota will be more careful next time.

Some will object to civil confinement as a radical departure from our usual way of doing things in this country. It is that. (Although we also use it for some mentally ill people and for out-of-control substance abusers.) But the very first civil right is the right of people to be safe in their persons, and the worst sexual offenders have demonstrated their utter pathological disregard for that. The one thing scarier than civil confinement is a society helpless to protect itself.

North Dakota has used its law sparingly over six years, subjecting only 11 people to it out of 1,300 registered sex offenders (180 of whom are thought to be high-risk). Multiple protections for the detained are built into it, including treatment -- a condition insisted on by the state Supreme Court -- the right to a state-paid attorney and state-paid expert, an annual review, and so forth.

In light of the Sjodin case, North Dakota is properly reviewing its various procedures for sexual offenders -- including, says Gov. John Hoeven, the information it requires from other states whose offenders move here.

One feature that needs a good hard look is public notification. That one-time notice in the newspaper when an offender moves to town and maintenance of a Web site (www.ndsexoffender.com) are probably not enough.


TOPICS: Crime/Corruption; Editorial; US: North Dakota
KEYWORDS: deathpenalty; dru; drusjodin; rapist; recidivism; sexoffender; sjodin
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1 posted on 12/11/2003 8:02:40 AM PST by LurkedLongEnough
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To: LurkedLongEnough
If that poor girl had just posessed a good reliable revolver..........

2 posted on 12/11/2003 8:05:09 AM PST by WhiteGuy (Congress shall make no law... abridging the freedom of speech, or of the press...)
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To: LurkedLongEnough
" The one thing scarier than civil confinement is a society helpless to protect itself."

there are means for this. Perhaps if she was carrying she would be alive today.
3 posted on 12/11/2003 8:06:18 AM PST by camle (keep your mind open and somebody will fill it with something for you)
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To: LurkedLongEnough
I'd like to smack the writer upside the head. Rodriguez was classified a level 3 sex offender, but yet the Minnesota prison system didn't think he was bad enough to even have a hearing for a civil commitment.

A lot of good the civil commitment process for sex offenders did for Dru Sjodin.

4 posted on 12/11/2003 8:09:00 AM PST by Catspaw
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To: LurkedLongEnough
Maybe I missed something. Where does it "bash talk radio callers?"
5 posted on 12/11/2003 8:11:49 AM PST by EggsAckley
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To: LurkedLongEnough
Never mind. I found one sentence at the top of the article. Not much of a bash, IMO.
6 posted on 12/11/2003 8:12:38 AM PST by EggsAckley
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To: LurkedLongEnough
We've learned that there is no cure for molesters and rapists.

Of course, we learned that before. So I guess she died a totally pointless death, other than to illustrate the utter indifference of those who make our laws to the effects thereof.
7 posted on 12/11/2003 8:15:55 AM PST by thoughtomator (The U.N. is a terrorist organization)
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Comment #8 Removed by Moderator

To: LurkedLongEnough
I know what I learned, that Dru Sjodin would be alive right now had this guy been kept behind bars where he belonged.

In a similar story three bodies were just dug up in Hammond Indiana, the apparent killer had already been convicted of murdering two boys and stabbing another, yet was out living among the rest of us. http://www.freerepublic.com/focus/f-news/1038418/posts

We talk a lot about the death penalty and how inncoent people MIGHT be killed. Yet very little is said (in the media at least) about all the innocent people who are killed by recidivists who should have been kept locked up.
9 posted on 12/11/2003 8:19:15 AM PST by Cubs Fan
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To: EggsAckley
Not much of a bash, but it stands out since the article is so much kinder and more concerned about the rapist.
10 posted on 12/11/2003 8:20:00 AM PST by Cicero (Marcus Tullius)
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To: Catspaw
I'd like to smack the writer upside the head. Rodriguez was classified a level 3 sex offender, but yet the Minnesota prison system didn't think he was bad enough to even have a hearing for a civil commitment.

A lot of good the civil commitment process for sex offenders did for Dru Sjodin.

I agree. There are two unalterable facts in this case: (1) this type of predator can never be rehabilitated and (2) liberals, like suckers, are born every minute. All "civil confinements" do is ensure that the predator will be released as soon as the next liberal shrink comes along and decides that it's OK to turn them loose.

11 posted on 12/11/2003 8:22:11 AM PST by Heatseeker
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To: Baynative
Rodriguez wasn't on parole. He had served his maximum time on his previous sentence(s), so the state couldn't legally supervise him.

But why a level 3 sex offender like him didn't have an automatic review for civil commitment is beyond me--especially because his sex offender classification meant he would be VERY likely to reoffend--is beyond me.

12 posted on 12/11/2003 8:33:13 AM PST by Catspaw
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To: Heatseeker
(1) this type of predator can never be rehabilitated

No, they can't.

and (2) liberals, like suckers, are born every minute. All "civil confinements" do is ensure that the predator will be released as soon as the next liberal shrink comes along and decides that it's OK to turn them loose.

Case in point (but not a sex offender) is John Hinckley.

I have a liberal pal from college days, now doing local radio, usually doing his very funny routine during drive time. When he started commenting on Hinckley, I held my breath and was ready to call in and scream at him--BUT he said anyone who tries to assassinate a President does not deserve to ever be let out, that Hinckley should be down in a deep dark cell for the rest of his miserable life. If he can see it, I wonder why the shrinks can't.

13 posted on 12/11/2003 8:37:20 AM PST by Catspaw
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To: LurkedLongEnough
-- including, says Gov. John Hoeven, the information it requires from other states whose offenders move here.

In other words, "reciprocity". Good luck. Some state legislators will consider another states civil confinement policy to be "cruel". This state will not inform other states that have this policy, that the vermin has moved into their jurisdiction. A Democratic senators daughter is going to have to be the victim of these scum, before any meaningful law is passed AND ENFORCED. Many of our crime problems stem from the the fecklessness of law enforcement.

14 posted on 12/11/2003 8:37:46 AM PST by elbucko
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To: Catspaw
I have a liberal pal from college days,....

BUT he said anyone who tries to assassinate a President does not deserve to ever be let out,....

. If he can see it, I wonder why the shrinks can't.

He's a liberal that's been mugged, i.e. JFK, RFK.

15 posted on 12/11/2003 8:42:26 AM PST by elbucko
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To: Catspaw
Civil convictions aside, I can't understand how someone can have a third conviction for a violent crime and the state can't put them away for good.



16 posted on 12/11/2003 8:44:28 AM PST by Cubs Fan
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To: WhiteGuy
I seriously doubt that a gun would have helped her. In order to effectively defend yourself, you have to be prepared to do so. Sitting in your car in a mall parking lot, with the doors unlocked, yakking on your cell phone, makes you an easy mark, unless you already have your gun in the other hand, ready to go with a bullet in the chamber. I'm a regular carrier, but I'm not dumb enough to think that just carrying will make me safe.
17 posted on 12/11/2003 8:48:21 AM PST by GovernmentShrinker
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To: GovernmentShrinker
Sitting in your car in a mall parking lot, with the doors unlocked, yakking on your cell phone,

Wow - I didn't know this: I thought he grabbed her as she was walking toward her car. Unfortunate that she didn't have "street smarts" - always be aware of your surroundings, and ALWAYS lock your car doors the minute you get inside, even broad daylight.

I used to work in a mall store, and the management would always make us leave as a group out to the parking garage when we worked at night.

It's a shame that we have to live that way, but in today's dangerous world of carjackings, etc., it's necessary :-(

18 posted on 12/11/2003 8:57:34 AM PST by Inspectorette
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To: EggsAckley; Cicero
You're right, it's not much of a "bash"; more of a negative acknowledgment.

But take one more step and ask yourself, "Why did this writer mention talk-radio at all in this context?"

19 posted on 12/11/2003 9:05:39 AM PST by LurkedLongEnough (Oh no, I won't leave no stone un-turned...)
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To: LurkedLongEnough
The MANDATORY penalty for predatory sex offenders ought to be LIFE, with a special designation of "predator" that precludes commutation or pardon without agreement from the legislature, to preclude the kind of shameful pandering committed by a few departing governors and one president.

Designated predators would always remain under the restrictions of their mandatory life sentence, and therefore always subject to intrusive supervision, including full time electronic (GPS) tracking and monitoring. Violation of place, time, or contact restrictions would immediately return the parolee to prison.

This sentence should apply to rape, including statuatory rape, and any sexual or abusive contact with a child under 17 and more than 3 years younger than the offender.
20 posted on 12/11/2003 10:38:49 AM PST by MainFrame65
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