U.S. court quashes sexual arousal test

upi via email no link | 6/21/6

[NativeNewYorker]

LOS ANGELES, June 21 (UPI) -- A U.S. appeals court in California has ruled a test to measure a male sex offender's sexual arousal deprives him of his liberty.

A three-judge panel was unanimous in its ruling in Los Angeles, and sent Matthew Weber's case back to District Court, The Los Angeles Times reported.

In 2002, Weber was sentenced to 27 months in prison for possessing child pornography on his computer. In addition, the judge ruled Weber would have to submit to penile plethysmograph tests in which a pressure-sensitive electronic device is placed around the penis as the response to stimulating images is monitored.

In Tuesday's ruling, the judges noted critics, including the American Psychiatric Association, have called the test unreliable, the report said.

"There is a line at which the government must stop. Penile plethysmography testing crosses it," U.S. District Judge John Noonan wrote in the ruling

[Wolfie]

Ah yes, the ol' Erector Detector.

[The Ghost of FReepers Past]

His liberty? His liberty?

[farlander]

ROFL. What the heck is the point of this ? Why in the world would they be interested in what this guy gets aroused with ? Guilty, done.

[dinoparty]

I don't think these tests are unconstitutional. However, I don't think they are a good idea. We already know that child molesters never "get over" their attraction to children. We need to find ways to get them to CONTROL their impulses and not act on them. We should be testing self-control. Until it can be shown, they should not be released.

[PBRSTREETGANG]

Now THERE'S a career:

Ppenile Plethysmograph Device Applicator

[rhombus]

Wait a minute. The guy is convicted of enjoying child pornography and the Gov't wants to... show him child pornography?

[sam_paine]

Your Liberty? Your Liberty?

If the guy is guilty then put him in jail and leave him to rot.

Are you kidding me? The same people as populate the IRS are going to strap a wire to a guy's dick and then show him child porno....OUT OF THE FEDERAL GOVERNMENT'S PRIVATE STASH? With YOUR tax dollars!

Uh. NO!

[DBrow]

This is what Michael Jackson paid ten million dollars to avoid.

MJ aside, just because they determine what arouses you with a penile plesthemograph and a bunch of dirty pictures, it does not indicate that you would ever ACT on that arousal, let alone in a criminal way.

[rhombus]

Now THERE'S a career: Ppenile Plethysmograph Device Applicator

I thought that was the oldest career in the world.

[sam_paine]

the Gov't wants to... show him child pornography?

yeah! And strap a wire to his schlongg.

"Sir, you are guilty of possessing and viewing child pornography. Your sentence: we will show you the child porn that we possess."

[Realism]

LOL, Maybe all males over the age of 20 should be tested. Of course we'd need to come up with something for the women also.

[JamesP81]

"Sir, you are guilty of possessing and viewing child pornography. Your sentence: we will show you the child porn that we possess."

Boggles the mind, doesn't it? Such is our legal system...

[JamesP81]

LOL, Maybe all males over the age of 20 should be tested. Of course we'd need to come up with something for the women also.

Unless, of course, they are hot women. /sarc

[hunter112]

The guy is convicted of enjoying child pornography and the Gov't wants to... show him child pornography?

It's not terribly unlike the penalty phase of the Moussoaui trial. That SOB was loving the whole thing.

[Polybius]

....submit to penile plethysmograph tests in which a pressure-sensitive electronic device is placed around the penis as the response to stimulating images is monitored.

Ummmm........what if they show you pictures of a 17 year, 11 month, 29 day old Anna Kournikova?

[Military family member]

Combine the dector with a shocking device.

[JimRed]

If he'd been executed the first time we wouldn't have to worry about it! Oh, wait; it's only possessing kiddie porn. He could have gotten that from just innocently opening an e-mail attachment, and didn't know how to delete it; yeah, that's the ticket...

[The KG9 Kid]

I've never liked the though of law enforcement using 'plethysmography' since the moment I've heard about it.

Glad to hear that it's going away. I've never understood what law enforcement was trying to prove with this medieval contraption.

[JimRed]

Oops! I forgot the < /dripping sarc >.