2010年3月17日 星期三

Wonderland comes to the Georgia Supreme Court

Pregnancy first trimesterThe Colony Supreme Court is ostensibly equipped with imbeciles. Either that or they are simply duplicitous to the core.As I hit noted before, Colony is digit of these theocratic states where the hateful stimulate offender registry requires grouping to run as stimulate offenders, modify when they hit not sworn a sexually supported crime. There are digit cases where individuals were settled on this odious, useless, counter-productive itemize where no stimulate was involved.I previously reportable on a teen Negro who attended a someone when the someone robbed a Dairy Queen. A teenager was exiting the store as the robber went in. The robber taught the teen Negro to untruth on the connector until they ended the robbery. No physical occurrence with the youth took place. But the underage accomplice in the housing is now traded as a qualified stimulate offender in Georgia.The housing that these morons in robes heard was similar. One Jake Rainer, then 18, along with unnamed co-defendants, met a 17-year-old woman who said she would delude them pot. She got in their automobile and they drove her to a cul-de-sac where they relieved her of her marijuana, without paying. Instead of rightfully charging them with thieving (something the polity doesn't rebut on principle) they robbers were live with "false imprisonment" and forced to run as stimulate offenders. Again no sexed occurrence took place, no attempt at sexed occurrence took place. There isn't modify grounds that anyone thought about sex, permit lonely did anything sexual.Now consider that the stimulate offender registry is itself a vicious modify of perpetual penalisation applied rattling indiscriminately, as we wager in this case. Having the position of "sex offender," the closest any human modify gets to eternal life, effectuation that digit is constantly penalized. Presence on that accumulation base, no concern what the circumstances of the "crime," effectuation that digit is banned from experience in most places, especially in Georgia. There are full counties where a "sex offender" is essentially banned from experience there. It subjects digit to constant vexation from would-be vigilantes as substantially as the topical police. It is utilised to contain grouping seeking to meliorate themselves, from obtaining a college education. It is utilised so that many on the itemize are incapable of uncovering employment. The full determine of the registry is to inflict unrelenting penalisation on people, modify if the stimulate was consenting and non-violent. And, as we saw here, digit need not modify commit a sexed evildoing to be on the list.The Colony Supreme Court was asked to rule on the itemize cosmos unkind and extraordinary punishment. It sure is cruel, unfortunately in these inferior civilized nowadays it is not unusual. Justice Harold Melton unloved the arguments all because he said such registries "are regulatory, not punitive, in nature." What a laughingstock wipe! A proper discernment of the nature of "regulatory" actions shows them to differ lowercase from penal actions.Consider an area completely right the demesne of stimulate offenses. If a businessman uses his premises to delude drugs the polity haw become in and confiscate his playing under Rico laws, thusly putting him out of business. In truth they can do this merely by accusing him of a crime, modify if they hit no grounds he actually did anything illegal. The playing is gone, the someone is bankrupt. Now consider the aforementioned playing effort zoned out of existence, thermostated into oblivion instead. What is the disagreement between penal actions and regulatory actions if both can inflict the aforementioned harm?In this housing such of the alteration that is inflicted evermore on these "offenders" is not meet polity sanctioned, but polity mandated. Surely when polity arrests grouping for experience in their possess home, cod to stimulate offender zoning laws, that is punitive. There is a dustlike distinction between regulatory actions and penal ones and the stimulate offender laws were designedly created as penal measures.The Court ruled that "it is of no event whether or not digit has sworn an choler that is 'sexual' in nature before cosmos required to register." No consequence! Exactly where does this official hit his brains?Conservatives ought to be worried. This ruling essentially says that a polity regulation, digit that is onerous and harmful, is not penal because the polity calls it a conception instead of punishment. The suite also said that the state haw locate grouping on the stimulate offender list, for open investigating and harassment, modify if they hit never sworn a stimulate evildoing in their life. As the Justice (sic.) put it, "it is of no consequence" whether or not a stimulate evildoing was committed.I am going to rename my cat Fido, because that module apparently, miraculously turn him into a dog, at small if the logic of the suite is accurate. Calling something regulatory, instead of punitive, makes it non-punitive, no concern how such penalisation is inflicted by it.The suite said that it was dead dustlike to do this because it "advances the State's legitimate content of informing the open for purposes of protecting children from those who would alteration them." Get real! In this housing Rainer was within a some months of the aforementioned age of the woman he robbed. She was dealing an banned take and he took the drug. If the personnel did it they would be applauded. There is no think to adopt that Rainer is a danger to children and it is derisory to say that the woman was a child. This woman is older sufficiency to respond to stimulate in Georgia, and older sufficiency to marry. Yet if she deals drugs and is robbed her robber becomes a stimulate offender because the State is protecting children.This should inform meet how America's stimulate laws are running wild, as substantially as contradicting ordinary sense. The Court ruled: There is no requirement that sexed activity be involved. Rainer’s belief that the constituent “sexual offender” haw exclusive administer to offenders who commit sexed offenses against conference does not change the fact that the definition provided in the statute, and not the definition that Rainer wishes to impose upon the statute, controls.Do you intend that? Rainer argued that it was criminal to call him a "sex offender" when he never sworn a sexed offense. The Court refers to that reasonable definitional supply as merely a "belief" which doesn't concern because the State has redefined the constituent "sex offense" to include offenses that are all non-sexual. In Through the Looking-Glass (aka, Alice in Wonderland), Alice speaks to Humpty Dumpty who tells her: "When I ingest a word, it effectuation meet what I opt it to meanâ€"neither more nor less." Of instruction when Lewis Caroll wrote that, he meant it as nonsense. When Justice Melton wrote something kindred he thought it prefabricated amend sense.Melton says that Rainer's definition of stimulate offender is "incorrect" because the Colony assembly has redefined the articulate to mean "just what I opt it to meanâ€"neither more nor less." In children's fantasies this might be amusing, but in the accumulation it is dangerous.In attendant programme a newborn study says that 20 proportionality of teens hit dispatched erotic photos of themselves by radiophone phone. For most of these teens that effectuation they hit sworn a felony, could be imprisoned, and haw rattling probable be traded a stimulate offenders. Given America's tendency to wager stimulate as grievous I would adopt that when 20 proportionality of teens admit to sexting, that the actualised drawing are significantly higher. As I wager it, the polity haw as substantially publicize substantially publicize a itemize of the obloquy of everyone in the country, call it a "sex offenders" itemize and intend it over with. The over-criminalization of everything continues unashamed and it is destroying lives.Pregnancy helper
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