(SCOTUS) Ruling sets 3 more free

The Orange County Register ^ | 7/10/03 | LARRY WELBORN

[So Cal Rocket]

Three men convicted in Orange County of molesting decades ago young girls in their families will be released from prison in the coming days because of a controversial U.S. Supreme Court decision, provoking fear and disbelief among the women who pressed charges against them.

[So Cal Rocket]

The laws of unintended consequences is about to strike again. Once these perverts are back on the streets, how long before there's another victim?

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[mvpel]

Why have statutes of limitations anyway? Let's take you to court for that 100mph speeding you did on a deserted highway 20 years ago, what say?

[GSWarrior]

The statute of limitations law should be changed for those types of crimes immediately...but IMO the court ruled correctly that it can't be made retroactive.

[ODC-GIRL]

While I understand that the Supreme Court sees the letter of the law, it does tend to blind them to the intent. How they will sleep at night, knowing that men they have put on the street will now go and molest other children and ruin other lives, is beyond me. Maybe it will help a few of them retire sooner.

[joesnuffy]

Jail people who shoot criminals
turn loose child molesters
black robed nut jobs running the country

[So Cal Rocket]

In my opinion, the SCOTUS ruled incorrectly...

The Ex Post Facto doctrine was instituted to ensure that individuals are not convicted of a crime for an action that was LEGAL at the time they performed it. The acts that these men perfomed were certainly ILLEGAL at the time that they performed them.

[mvpel]

So you want to make the statute of limitations like copyright law, where they extend it by 25 years every 25 years?

[taxcontrol]

In my opinion the SCOTUS ruled correctly,

The statue of limitation is designed to prevent the government from going after individuals after it is no longer possible to obtain or provide evidence in defence.

Q) Where were you 20 years ago on the night of Aug 5th?

A) Heck I dont' know

Q) Well our records have you at XXX place - prove that you were not there

[mvpel]

Take a closer look at it.

When the statute of limitations expired for these vile individuals, under current law at that time they were no longer subject to prosecution. The legislature wanted to go back and change the rules, and make them subject to prosecution again where they weren't before.

That's where the ex post facto principle arises - making someone subject to prosecution when under previous law they were not subject to prosecution.

The principle is certainly applicable here - it deals not with the crime itself as you assume, but with the statute of limitations.

On the other hand, I'd probably suffer from hysterical blindness and temporary memory loss if I happened to witness someone beating the crap out of these people.

[Noachian]

You're right about unintended consequences, and future victims.

There's almost certin to be revenge take by these guys in one form or another, and when it does will the SCOTUS share any of the blame? No way. They couldn't care less about The People. That's the problem with unelected elitists they have a narrow field of vision. All SCOTUS does is pass judicial edicts they don't worry about minor things like consequences. Common sense never was their strong suit.

SCOTUS can be dangerous to your health.

Why should anyone TRUST the judicial system, if SCOTUS bypasses the Legislature and makes rulings that put people in jeopardy? These victims did, and now the people they helped put away are back on the streets. People shouldn't be blamed if they think twice before testifying against someone that may be released from confinement because SCOTUS decides to make rulings without thinking the consequences through. And, if people don't testify then criminals roam free, and the crime rate goes up.

SCOTUS in its present form is a danger to society, and should be changed.

[Cicero]

There is no such thing as a perfect law that does perfect justice in all cases. For that reason there are always calls to change the penalties, either upward or downward, or both.

But it's absolutely basic to any decent system of justice that laws and penalties cannot be changed retroactively.

If you allow that, you allow the state to change its laws on a custom basis in order to nail anyone they have a grudge against. And that's exactly what often happened back in the days when the barons forced the Magna Carta on King John.

Allowing retroactive changes in the law provides a perfect formula for arbitrary rule and tyranny.

[Harmless Teddy Bear]

But it's absolutely basic to any decent system of justice that laws and penalties cannot be changed retroactively.

Do I like the ruling? No.

Do I have to agree with it? Yes.

For the reasons that you stated. And I want to know why there was a statute of limitations on these crimes in the first place. Felony crimes should not have statute of limitations.

[ModelBreaker]

On constitutional matters like this, I am happy the SC actually follows the letter of the constitution. It forbids ex-post-facto laws. This was an ex-post-facto law.

Oh, that the SC would follow the letter of the constitution on Abortion, Sodomy and all the other penumbras and emanations it has discerned out of nothingness.

[OPS4]

Our founders designed a government with three independent branches, each with a limited role to play. The role of the judicial branch was limited to deciding "cases and controversies" in accordance with laws made by elected representatives of "We the People." Our judicial employees were emphatically denied "Legislative Powers." They now exercise unaccountable and practically veto-proof "Legislative Powers" anyway. Trapped in the Temple of Karnak explains how they pulled off that coup.

Follow this link for full info.
http://tempknak.home.att.net/Karnak.html
Ops4 God BLess America!

[Orangedog]

As sick as what these animals were convicted for, I have to say, however reluctantly, that the Nine made the correct ruling on this one. ex post facto cannot be tollerated in any case. Think of what would happen if the the state increased the fine for speeding to $1000 then tried to collect the high fine from every person ticketed ten years before the law was enacted.

[OPS4]

Read this and understand the concern.





About four thousand years ago, the Babylonian King, Hammurabi, gave the world its first written code of laws. A copy was found in the Middle East in 1901. It contained 282 laws engraved on an eight-foot block of stone. One can still view it in the Louvre in Paris. Hammurabi's Code is considered one of the most important social advances in all of history. Written laws make it harder to hide corrupt and biased court rulings [1].



The Code’s first five laws addressed the operation of the courts of justice; the fifth law specified penalties for “errors” by judges. Any judge who erred through his own fault would pay a fine equal to twelve times the fine he had imposed in the case he mishandled. He would also be permanently removed from office [1].



A likeness of Hammurabi appears on a wall inside the U. S. Supreme Court building. Supreme Court justices claim him as their forefather. They proudly cite our written Constitution as the basis of their authority. They claim to be its spokesmen and defenders, and they’ve all taken oaths to uphold it. However, they violate their oaths with impunity; they began trashing our written Constitution more than 200 years ago.

OPs4 God bLess America!

[justshutupandtakeit]

This ruling was correct. It may be unfortunate but when a law violates the constitution it's gotta go.

Legislatures clearly can change the statute of limitations for these types of crimes but they would not cover crimes committed before the law was changed.

It is one thing to claim to see things not written in the constitution and that rightly infuriates us. But to ignore what is actually written?

[OPS4]

The ruling is incorrect and the Judges know it.
There is no justification for this ruling when
understanding the core laws of this country, and
that my friend will not be changed,
The law of God and Man!

OPs4 God bLess America!

[justshutupandtakeit]

Unfortunately, vicious, rapist, demon-possessed lunatics have constitutional rights, too or none of us do. There are probably other charges that can put these perps back behind bars.

But a illegal (unconstitutional) law is still illegal and no law.