But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. -Declaration of Independence of the United States of America
Monday, April 30, 2018
VARYING DEFINITIONS OF SEXUAL ASSAULT BRING CONFUSION ON CONSENT | The Advocate Online
VARYING DEFINITIONS OF SEXUAL ASSAULT BRING CONFUSION ON CONSENT | The Advocate Online
More focus needed, not less
Well, okay, so some stats were off: That’s sort of the nature of statistics, isn’t it? That stats aren’t ever going to be 100 percent reflective of the data they’re trying to represent.
But these statistics are actually pretty important. According to the FBI’s website, Uniform Crime Report data that is submitted by police departments “serves many purposes. [It] provides law enforcement with data for use in budget formulation, planning, resource allocation, assessment of police operations, etc., to help address the crime problem at various levels.”
In other words, a significant amount of financial allocation is based on this data. A reduction in the reporting of sexual assault equates to a reduction in the amount of money to be dedicated to combating sexual assault.
The real question, then, is whether or not sexual assault can be reined in all by the legal system. Is it up to lawyers and judges to deter rapists? Is it up to police? Is this a battle to be waged culturally? Are those damned feminists just making a huge issue out of nothing?
We at the Advocate firmly believe that reductions in reporting of sexual assault will not reduce sexual assault, and will make the problem worse.
Misuse and abuse of power occurs in the shadows, when facts and realities are obscured. A quick look at Hollywood in the past year or so shows that transparency and accountability are absolutely crucial when it comes to challenging cultural norms and fighting injustice.
This change in the DoJ’s wording is decidedly a step backward in the fight to combat sexual assault.
Hey, NJ — 'Dead Kids Make Bad Laws'
Hey, NJ — 'Dead Kids Make Bad Laws'
"Dead kids make bad laws"
The above quote isn’t mine, and I would give attribution except that I don’t know who originally said it, but it is so true. Dead kids usually make for emotional, broad brush laws that do more harm than good. I know that in NJ we feel proud of ourselves that we are the state that pioneered the sex-offender registry called Megan’s Law, the law that arose from tragedy in 1994, when 7-year-old Megan Kanka of Hamilton Township was raped and killed by Jesse Timmendeques, a neighbor. But anytime tragedy befalls a child, we have to think very carefully before we come up with some law that might potentially save “just one child” but also might potentially ruin many, many lives (as has happened in the case of the Megan’s law registry).
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So why do you hear so many bad laws named after children who have passed away? Because these laws are generally an emotional knee-jerk reaction when people are distraught and desperate. Many times they are rushed through the legislature and have not been thought through. This is why the New Jersey Supreme Court seems to be backpedaling a little bit by allowing some people who committed sex offenses as youths to be removed from the list.
So some people convicted of sex crimes as youths will thankfully no longer be on the offender list for life. The state Supreme Court has ruled that people convicted of aggravated sexual assault and related crimes before their 18th birthday can now petition a court to be removed from the state's registry of about 16,000 sex offenders. About 4,300 people convicted of the most serious sex crimes are in the public Megan's Law database.
We are now realizing that the likelihood of sex offenders to commit new sex crimes is pretty low. Turns out that people convicted as youths have very little chance of re-offending, especially after undergoing therapy.
This stupid system incites unnecessary violence and vigilante justice and often just punishes innocent people due to a past mistake. The recidivism rate for sex offenders is 5.3%, the lowest among any type of criminal. "Sex offenders" include, but are not limited to streaking, statutory rape, sexting, hiring a prostitute, prostitution, bestiality, incest, date rape, rape, and child molestation.
Is a man who has a relationship with his 16 yr old girlfriend, at age 23, a rapist? This law also doesn't take into account lies girls tell to get boys 18, or 19 to sleep with them, claiming to be 17 when they are in fact 15. Nor does it distinguish a person guilty of sleeping with their underage by a day girlfriend in a consensual sexual relationship. Yes, he’s on the same list as a serial rapist. Yeah, different tier, but are YOU gonna really check the tier??
While I understand the zeal to protect children from true sex crimes, Megan’s Law unfortunately doesn’t do it most of the time. It does, however ruin lives, most of the time.
Thursday, April 26, 2018
Thursday, April 12, 2018
Tuesday, April 10, 2018
Attorney general leads 10th Circuit states in opposing ruling | Local News | theadanews.com
Attorney general leads 10th Circuit states in opposing ruling | Local News | theadanews.com
This could have national implications...
This could have national implications...
Federal Appellate Court (11th Cir.) requires distribution of CP to be knowing. | Florida Action Committee
Federal Appellate Court (11th Cir.) requires distribution of CP to be knowing. | Florida Action Committee
The Eleventh Circuit Federal Appellate Court (our circuit), reversed the conviction of a man who had been charged (and convicted) of distribution of child pornography, but upheld his possession count.
The Eleventh Circuit Federal Appellate Court (our circuit), reversed the conviction of a man who had been charged (and convicted) of distribution of child pornography, but upheld his possession count.
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