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(MISCARRIAGE OF JUSTICE ALERT) (Child) Rapist admits stalking boy, gets probation
The Knox News Sentinel ^ | 8/24/02 | Randy Kenner & Jamie Satterfield

Posted on 08/24/2002 5:47:01 AM PDT by GailA

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To: Pining_4_TX
If Bush really wants to do something to help parents protect their children, he'll work to keep these predators off the streets, instead of promoting his bogus proposals to "teach" parents how to look out for their kids

There's a problem, though. According to this government study a bit over half of these people had prior convictions. This means that even if all offenders simply vanished upon conviction, you've only cut the offense rate, the number of victims, in half. "Bogus proposals"? I don't think so.

Now if we could just throw the constitution away and lock up those who are a threat to society before they offend, well, then, yes, our kids might be safe from these predators. I'm sure President Hillary would just love to have the power to lock up those deemed a threat to society...

41 posted on 08/24/2002 10:18:49 AM PDT by Eala
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To: GailA
HERE'S AN IDEA: SENTENCE MULTIPLIER RULE

If a person is convicted multiple times, his sentence is multiplied by the number of times he has been convicted.

Convicted of Rape once: 12 years

Convicted of stalking: (2nd conviction) 2 times the standard sentence for stalking.

By the third or fourth convivcion people will be spending a lot of time or money so there is less incentive for REPEAT offenders- which is the biggest problem with these types of scum...



42 posted on 08/24/2002 10:19:03 AM PDT by Mr. K
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To: Truth Addict
Yes, the Soviets imprisoned political dissidents in asylums under false pretenses. In our free system, we have safeguards to prevent this. Truly mentally disturbed patients who are a menace to others need to be locked away.

Agreed, in general. But the level of the safeguards unfortunately means that some who probably ought to be locked away aren't, in order to avoid locking up those who don't. I don't think psychiatry is that discerning.

If Hillary becomes president, er, dictator, we'll have a lot more to be concerned about than just this issue.

Amen.

43 posted on 08/24/2002 10:21:57 AM PDT by Eala
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To: Eala
This means that even if all offenders simply vanished upon conviction, you've only cut the offense rate, the number of victims, in half. "Bogus proposals"? I don't think so.

Only cutting the offense rate in half? Even preventing one instance of child molestation would be wonderful! Once someone has committed this crime, they should never see the light of day again. And what on earth are you talking about "locking up people before they commit a crime"? That's an absurd statement and has nothing to do with what I said.

And, yes, Prez Bush's proposals are bogus. We don't need the national nanny telling us to watch our children carefully. Duh.

44 posted on 08/24/2002 10:29:09 AM PDT by Pining_4_TX
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To: Truth Addict
I don't know why child rape is not a capital offense; it should be! Let's change our laws to protect the innocent for a change instead of catering to every whim of the accused.

Um. How soon after conviction?

I keep thinking of an acquaintance I met some years ago: Pastor Roby Roberson of Wenatchee, WA. He was one of some dozens of people accused and convicted of child rape -- only to be freed, one by one, as their cases were overturned. It was quite a stink in the press here a few years ago.

I think they are all out now. Alive.

45 posted on 08/24/2002 10:30:04 AM PDT by Eala
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To: Truth Addict
>> I was only trying to find a way to put these people away so they can't harm others in a way that would be acceptable to our "compassionate" society<<

I understand.

I am a doctor, and neither I nor any of my colleagues have any particular professional qualifications to bring to bear on this problem.

It is wrong, in an attempt to be "compassionate", to call something a disease which isn't-because it implies that the tools we use to deal with disease may work-and they won't.

Kill 'em, or segregate them for life-but don't call on medicine to do the impossible.

46 posted on 08/24/2002 10:30:38 AM PDT by Jim Noble
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To: Eala
Eala, I don't know a story like that personally but I do know a man who was wrongfully accused of molestation by a few gossipy neighbors. It involved me and my sisters who loved this guy like a grandparent. He bought us our first bikes, including my brother, older sister and a bike built for two for my twin sisters. He got trikes for the little ones. He used to send us to the grocery for those soft peanut shaped candies because he had no teeth. Sometimes he would hug us and kiss us on the cheek. Mom started asking us questions about him and we were honest with our replies. Then 'George' got very ill. Mom tended to him until he died. He left his papers and few personal possessions to the landlady, another friend. Enclosed in his Bible was his Theology degree and other religious articles handwritten by him. There also was a picture of his wife who had died a long time ago and an essay written by him telling about how much he had wanted children but couldn't bring himself to remarry after losing his wife. His memorium in the paper referred to him as 'Reverend *****'. Such a gentle, nice man who got ripped apart because of dirty minds. It's one thing to keep an eye open for these kinds of things; quite another to see what isn't there at all.
47 posted on 08/24/2002 10:53:37 AM PDT by Jaidyn
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To: Pining_4_TX
Only cutting the offense rate in half? Even preventing one instance of child molestation would be wonderful! Once someone has committed this crime, they should never see the light of day again.

You missed the point.

Let us say there are, and you are informed of this, 100 threats to your children out there, threats your children cannot see. You can see 61 of them, and let us say you have removed all 61 that you see, so that you don't see any threats any more.

Do you think your children are safe now?

Really?

I don't, because there are 39 threats remaining, threats that you can't see. Not only are you are a fool if you think they are safe, but your children will pay the price for your folly.

It shouldn't be too hard to understand that as long as you have X%, where X is any number greater than zero, of those convicted every year who were previously unknown to the authorities, that your children are not safe. If you have 100,000 convicted every year, and only 1% are first-timers, you've 1000 sex offenders who had not been previously detected.

And what on earth are you talking about "locking up people before they commit a crime"? That's an absurd statement and has nothing to do with what I said.

Sure it does. You want your children to be absolutely safe, right? That means you have to seek out the 39 remaining threats and remove them. Every year you have to seek out those 1000 about-to-be first-timer sex offenders, about to commit a crime on your children, and put them away.

Of course, you might put away some that aren't a threat in the process, but aren't your children worth it...? You do want them to be absolutely safe, right?

Or do you prefer that your children live amongst threats to their very lives?

And, yes, Prez Bush's proposals are bogus. We don't need the national nanny telling us to watch our children carefully. Duh.

It seems we have people who need to be told, because when they don't see a threat they think that none exists.

48 posted on 08/24/2002 11:00:52 AM PDT by Eala
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To: RLK
Looks like the prosecutor was the clown in this case. The judge thought the recommended plea bargain wasn't strong enoug. BUT he didn't over ride the PLEA CONTRACT. Most sex preds who commit their crimes against children get plea bargained out. The prosecutors think they are doing the victim a favor by not traumizing them again. Or it's a money issue for the county/state. Or the case doesn't have strong enough evidence.

Like DUI laws, Sex offense laws against children are NOT strong enough.

To often the most heinous sex acts committed against children are called CHILD MOLESTATION which brings to mind fondling or other types of touching. When the actual termonology should be CHILD RAPE.

Then if the perps behave for a year (don't get caught again) they can ask for their records to be expunged. Now the new trick is to get a name change..your old name is on the sex offender registry BUT your new name isn't...good way to beat the back ground checks.

49 posted on 08/24/2002 11:08:06 AM PDT by GailA
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To: Jaidyn
Eala, I don't know a story like that personally but I do know a man who was wrongfully accused of molestation by a few gossipy neighbors.

What a sad story to have! I am sorry for you, as well as him. But he sounds like the kind of man who through it all was praying for those same neighbors too.

50 posted on 08/24/2002 11:09:02 AM PDT by Eala
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To: GailA
The prosecutors think they are doing the victim a favor by not traumizing them again.

We just had a disgusting case of this here. The guy got 8 months(12?) for a premeditated rape of a 19-year-old (with the mental capacity of 5).

51 posted on 08/24/2002 11:11:27 AM PDT by Eala
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To: GailA
Then if the perps behave for a year (don't get caught again) they can ask for their records to be expunged. Now the new trick is to get a name change..your old name is on the sex offender registry BUT your new name isn't...good way to beat the back ground checks.

GailA, have you checked up on the laws lately? A year or two ago there was a federal bill that mandated permanent records (or lose federal funding). And in this state at least there are now provisions regarding name changes.

52 posted on 08/24/2002 11:15:27 AM PDT by Eala
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To: Eala
Um. How soon after conviction?

That is for the courts to decide, not me.

FWIW, my opinion on implementing the death penalty is that while we can convict based on "beyond a reasonable doubt", we should not impose death unless it is certain beyond all doubt. That would involve either a confession (not coerced), or incontrovertible physical evidence. There should be sufficient time to allow for legitimate appeals, but death row should not be home for those convicted and sentenced for decades on end.

BTW, according to the articles you linked, Pastor Robertson was acquitted of the charges in his trial, so he never faced the threat of the death penalty.

53 posted on 08/24/2002 12:03:09 PM PDT by Truth Addict
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To: Jim Noble
Kill 'em, or segregate them for life-but don't call on medicine to do the impossible.

What I am suggesting is very much like your proposal to segregate them for life, only in an institution similar to what used to be called insane asylums. I am not asking the medical profession to offer some kind of cure, because I agree with you that this is not a disease. It would be simply a place to hold them safely away from the rest of us.

54 posted on 08/24/2002 12:11:23 PM PDT by Truth Addict
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To: GailA
You may be right.
55 posted on 08/24/2002 12:44:51 PM PDT by RLK
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To: Eala
I've not checked TN laws recently. We are usually several years behind the times.
56 posted on 08/24/2002 1:16:09 PM PDT by GailA
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To: Truth Addict
Preemptive action against a Saddam Hussein -- or a pedophile -- has been sarcastically described as punishing a precrime, with some justification. The Baker Act asserts that the benefit of the doubt does not extent to mental incompetents; that we can take crazies in hand before they hurt someone, much as we would children.

The other approach has been the Clear and Present Danger Doctrine, in which Justice Oliver Wendell Holmes asserted that no restriction could be applied to freedom of speech unless the particular speech, article, or book in question presents a clear and present danger. The conceptual extension is the current Presidential Finding authorizing action against Saddam Hussein because he constitutes a "clear and present danger".

It would seem that the burden of proof for the Baker Act would be less than required under a "clear and present danger" approach, and less menacing to the structure of our liberties. (Though I may be wrong). The internment of Japanese Americans, the premptive detention of suspects in Northern Ireland under the Prevention of Terrorism Act anticipate acts which may or may not eventuate. These preemptive acts have sometimes prevented tragedy and have as often caused great injustice. The problem with predicting the future is that it hasn't happened yet.
57 posted on 08/24/2002 3:05:45 PM PDT by wretchard
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To: GailA
GailA: A quick search on the Internet turned this up (posted on the KlaasKids site).:

Duration of Requirement: 10 years minimum; may then petition for relief from registration unless it is a lifetime offense: aggravated rape, rape, aggravated sexual battery, rape of a child, or criminal attempt to commit any of the above offenses. ...

I was pretty sure of this because I review new legislation filed every winter in this state, and our "permanent registration bill" mentioned the federal monies that would be withdrawn from the state if the provision for lifetime registration were not enacted. (IMHO the mechanism by which the states were pressured here is worrisome, however good the goal.)

58 posted on 08/24/2002 6:00:53 PM PDT by Eala
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To: Truth Addict
FWIW, my opinion on implementing the death penalty is that while we can convict based on "beyond a reasonable doubt", we should not impose death unless it is certain beyond all doubt. That would involve either a confession (not coerced), or incontrovertible physical evidence. There should be sufficient time to allow for legitimate appeals, but death row should not be home for those convicted and sentenced for decades on end.

I have to say, very well reasoned. Thank you. (But the wife tells me that not even confessions are reliable, that there is a certain disorder that leads people to confess to crimes they did not commit.)

I did some readings on the topic some years ago. it was interesting -- the biggest threat to the death penalty is... the death penalty. It seems that at least many of the revocations of the death penalty came from the subsequent discovery that an innocent man was executed.

59 posted on 08/24/2002 6:06:37 PM PDT by Eala
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To: Eala
Do you think your children are safe now?

This is so silly. Of course there is nothing as absolute safety. However, if convicted sex offenders were kept in jail for life, it would certainly decrease the number of offenses, and that is, as Martha says, a good thing. What I said has nothing to do with absolute safety or with locking up everyone just to make sure. Your arguments are sophomoric. And if you want Prez Bush or any other government official telling you how to manage your life and family, be my guest. Personally, I expect government to do what it's supposed to do, protect citizens' lives and property as much as possible, and I'll do the rest myself.

60 posted on 08/24/2002 8:31:15 PM PDT by Pining_4_TX
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