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Old 10-24-2005, 09:00 AM   #24 (permalink)
Glory's Sun
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Quote:
Originally Posted by JinnKai
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Thank you for raising the demeanor the discussion again, but should we include this level I status in other civil/criminal decisions? At the point his children were seized, he hadn't commited an additional crime. Can we use level I status for something like sodomy of human remains (necrophilia) to (via the judiciary) prevent them from working at a mortuary? I have a feeling that the company would refuse employment, but if they did not -- should the legal system have the right to remove him? It seems analagous to this situation, and I'm curious how far you'd allow the "removal of rights" to go..


Well.. if they are a level I offender then after 10 years (unless the state has a lifetime registrar) the offender won't be held for his actions. If they are a level II or III then they are high rate offenders and IMO that's when the system (heh yeah.. the system.. whatever that means) failed and they are a threat to society.


Now on to the question at hand. I believe that given the time frame of this particular instance, there shouldn't be any issue. The man has gone 20 years without committing a sex offense. 20 years is more than he would have served in prison for his original offenses. To me that says alot. Now, had the man still been on parole/probation when this occured then yes the Level I status could have a legitimate factor in the preceding. I do know that if an offender has completed a class, and is still on probation but hasn't failed any drug tests and cooperated with police sometimes the judge will allow certain areas of their probation to be overtured. (I.e. living with children, especially if it is their own) It's rare but good deeds deserve a reward.


I'm so sure I really answered your question as it's a mud pit of a question. It's so sticky to really determine what would be the best case. I mean in one hand you have the rights of the offender/felon (which yes I believe they should have rights.. to say they shouldn't goes against the very core of our existence.) ---rabbit trail-- I'd also like to know how a state/government can tax a felon when according to probation laws a felon cannont vote in governement elections--isn't that taxation without due representation? --end rabbit trail--- and on the other hand we have the rights/worries of the everyday citizen. I guess if you need an answer.. we can't convict someone for what they may do.. if we start doing that.. the entire population would be on death row.
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