Date: January 12, 2015
…Court throws out child sex-offender registration…
…Court throws out child sex-offender registration…
Thank you to Kamil Beylant @Securityconcern for this find.
“HARRISBURG – Pennsylvania’s highest court ruled on Monday against lifetime registration for juvenile sex offenders, saying the law was unconstitutional because it did not give them the ability to challenge a presumption they would likely reoffend.
The Supreme Court ruled 5-1 against the provision of the Sex Offender Registration and Notification Act that applies to more serious sex offenses committed by older juveniles. At the heart of the case was the court’s finding that the registration represented an “irrebuttable presumption” that violated the defendants’ due process rights.
“We agree with the juveniles that (the law)’s registration requirements improperly brand all juvenile offenders’ reputations with an indelible mark of a dangerous recidivist, even though the irrebuttable presumption linking adjudication of specified offenses with a high likelihood of recidivating is not ‘universally true,’” Justice Max Baer wrote for the majority.”
It’s about time, that we finally started seeing some type of meaningful pushback, to this crazed prosecution frenzy our justice system has been getting relentlessly dragged through for decades.
Probably the biggest problem with todays situation…is that it is based upon revenge, and the idea that people who do certain [often a widely diverse range of] things, are rightly treated like throw away human beings. You run foul of the law?…They can use the justice system to completely destroy your life, and leave you with no means to recover from the devastation.
It also refuses to take into account, that most people experience large changes over their lifetime…If they committed a crime as a young person, they are not the same person twenty years later…not usually. And nobody should have an entire lifetime judged, by a tiny fraction of it…Nor should what good they have left to offer in this world, be denied.
…I’d like to say something regarding the lone dissenting judge, who cited victims suffering for the rest of their lives…because that is an important issue…but it has also been taken to such an extreme, that it blinds the justice system to common sense, fairness, honesty and base human decency.
It has always galled me…understanding that most of these people who get caught up by the laws, are going to be taken and dumped into these “containment camps”…where they will be subjected to all manner of threat and violence…almost constantly, if not literally all the time. A majority of the people who end up there, are really just kids themselves…young people. Many will be raped, assaulted and violated for years…even decades…This whole model is based around destroying human beings, and exploiting them like chattel…It has nothing to do with rehabilitation, or any hope at a positive, long term outcome.
…How exactly does it work out…that rape and violence are so awful, that it is unthinkable we imagine tolerating it at all…Yet we think nothing of subjecting certain classes of individual to it? How is it, people write all these laws to stop it…and then have a system in place, which promotes these exact same acts of rape and violence…in some notion that “we are addressing the problem”?
This is staggering hypocrisy…
…And a large part of the problem…is that nobody has the decency, nor the spine, to stand up and say the obvious…that victims who want to see perpetrators tormented forever, should never be allowed to decide or influence the fate of anyone, at all.
The system does not take into account, this very serious problem of victims who have a very warped, sometimes sociopathic and demented outlook, leading to inhumane and cruel intent. It pretends as though because something happened to them, their motives must be of good and reasonable character…When the fact that something has happened to them, will often cloud and color their judgment in very extreme ways…Many will want extreme revenge…Which leads us to these insanely overreaching policies, which factually do little to no good, while just dragging out the many problems they cause.
There is something very wrong with this picture…where the tables are suddenly reversed…and putting aside whatever the specifics of any case are…the victim is now holding a position of power over the perpetrator, choosing how to influence their fate…knowing what they say, will have a heavy impact on that human beings fate.
Now…some people do deserve harsh punishments, that is true…But this state of things, is just wrong on so many levels…It descends to the depths of our worst emotions, and our worst traits as human beings. It is allowing rage and revenge to dictate policy…and that is never good. It is causing us so, so, so many problems, today.
I realize some people will take strong exception to this…because not all victims are like that…But we need to address the fact, that to many of them are…and that this is a problem, which needs to be dealt with.
Oh!…Don’t miss the last two sentences of this article…”Obviously”, they had to inflate their advertisement view ratio, by making this very short article into a “two click” [multi page] reading experience for it’s readers…
…But we get treated to something, which I have spent years complaining about…It’s the typical practice of using special, yet unclear, jargon…
…”aggravated indecent assault”…”involuntary deviate sexual intercourse”…
These are both two fine examples of umbrella terminologies, which cover a very diverse range of behavior…And when you encounter these terminologies in news reports, you will never have the first clue, just what the person charged is being accused of having done.
These type of terminologies are tools of debasement, which inhibit those of a mind to curtail unchecked extremes, and revenge based prosecutions, within the justice system.
There needs to be clarity and transparency, especially in these kinds of cases which carry such a heavy impact.