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The Danger and Power of the Sexual Offender Registry
Posted on 2/14/17 at 3:47 pm
Posted on 2/14/17 at 3:47 pm
look i understand that a registry can do good things to try to combat actual sexual predators, especially giving awareness to areas with children about a person with a history of abusing children (given the recidivism rate within that demographic). however, this has become one of the most powerful and monstrous tools of the modern LEO/CJ industry
Good example from Reason
while i'm not going to say that an 18 year old finding a romantic link with a 13 year old is ordinary or should be permitted socially, we have a case of a person evaluated by multiple psychologists who all assessed him with no signs of being a sexual predator or other related issues.
he's a socially awkward 18 year old virgin who received non-nude photographs of a minor (while almost being a minor himself). the 13 year old didn't want him prosecuted (i don't know if it's clear about what her family wanted, but we can assume they did). he's been in jail for a long time and will likely serve more time, and will basically be a social outcast for the remainder of his life. he'll never be allowed to continue his education, get a decent job, or even live in many areas of the country.
what does our society gain by this punishment of this individual? serious question
Good example from Reason
quote:
Zachary, now 19, is in jail awaiting sentencing for five pictures his teenage girlfriend sent him of herself in her underwear. He faced a choice between a possible (though unlikely) maximum sentence of 350 years in prison, or lifetime on the sex offender registry as a "sexually violent offender"—even though he never met the girl in person. Here's what happened.
quote:
Eventually Zachary and the dragon-lover struck up a online friendship, which developed into a online romance. By the summer, a month after Zachary turned 18, the girl sent him five pictures of herself in her underwear. Her face was not visible, nor were her private parts.
quote:
Even so, Zachary was arrested and charged with 20 felonies, including indecent liberties with a minor, using a computer to propose sex, and "child porn reproduce/transmit/sell," even though he did not send or sell the pictures to anyone. All this, from five underwear pictures. If convicted, Zachary's father told me, he faced a theoretically possible maximum sentence of 350 years.
quote:
The family hired two psychologists to evaluate Zachary. (Those evaluations were also obtained by Reason.) One psychologist, Mike Fray, found him to be "not a physical threat to this girl or to any other young girls." The other, Evan S. Nelson, summed up this case and what is wrong with all the cases Zachary's story represents:
quote:
This psychologist cannot count the number of adolescent sex offenders I have met who have a sense that what they are doing is 'wrong' but were ignorant that their conduct was criminal, let alone a felony, or actions which could put them on the Sex Offender Registry. In the teenage digital social world, if both parties want to talk about sex, that seems like 'consent' to them. Ignorance does not excuse this conduct, but it does help to explain why he did this, and to the degree that ignorance was an underlying cause of his crime, this problem can be easily fixed with education.
while i'm not going to say that an 18 year old finding a romantic link with a 13 year old is ordinary or should be permitted socially, we have a case of a person evaluated by multiple psychologists who all assessed him with no signs of being a sexual predator or other related issues.
he's a socially awkward 18 year old virgin who received non-nude photographs of a minor (while almost being a minor himself). the 13 year old didn't want him prosecuted (i don't know if it's clear about what her family wanted, but we can assume they did). he's been in jail for a long time and will likely serve more time, and will basically be a social outcast for the remainder of his life. he'll never be allowed to continue his education, get a decent job, or even live in many areas of the country.
what does our society gain by this punishment of this individual? serious question
Posted on 2/14/17 at 3:49 pm to SlowFlowPro
While this 18-13 scenario is a little odd I've always found it odd 16 or 17 year olds can legally have sex but they can't send pictures to their partner without possibly facing legal issues.
Posted on 2/14/17 at 3:49 pm to SlowFlowPro
If he is being charged with all those felonies, she should be charged with the creation of child pornography. The whole thing is ridiculous. He shouldn't be talking to a 13 year old he doesn't know online. Maybe charge him with a minor offense for that, but no felonies.
Posted on 2/14/17 at 3:51 pm to SlowFlowPro
Only way there will ever be any change in this department is through the federal courts. No politician will ever risk being labelled "soft on pedos and child pornographers" in his reelection campaign to ever think about reforming it through legislation.
Posted on 2/14/17 at 3:52 pm to The Boat
quote:
While this 18-13 scenario is a little odd I've always found it odd 16 or 17 year olds can legally have sex but they can't send pictures to their partner without possibly facing legal issues.
yeah i give talks to high school kids about these issues
17 year old couples can have sex and see each other naked, but if they take/send a nude? serious felony crime
Posted on 2/14/17 at 3:53 pm to LSUTigersVCURams
quote:
Only way there will ever be any change in this department is through the federal courts. No politician will ever risk being labelled "soft on pedos and child pornographers" in his reelection campaign to ever think about reforming it through legislation.
having this discussion in person is almost impossible b/c they immediately suspect you're a pedo or CP fan
Posted on 2/14/17 at 3:54 pm to SlowFlowPro
quote:
what does our society gain by this punishment of this individual? serious question
Nothing.
I'm all for a private registry and public notification when necessary for sexual offenders, but you are essentially damning these people to a life of poverty the way the registry works now.
Posted on 2/14/17 at 3:54 pm to SlowFlowPro
are most of these scenarios caused because our technology has passed up our laws (interpretations), but considering the sensitivity of the actual real crimes, nobody will go after the laws and rewrite them?
Posted on 2/14/17 at 3:55 pm to SlowFlowPro
quote:
what does our society gain by this punishment of this individual? serious question
Nothing.
But you will likely not find a lawmaker willing to 'go soft' on sex offenders regardless of circumstances.
The contrary is more likely as cracking down on sex offenders is low hanging fruit for a politician.
Posted on 2/14/17 at 3:56 pm to Lakeboy7
quote:
but you are essentially damning these people to a life of poverty the way the registry works now.
that raises its own issues with legit sexual offenders (how can we ever expect them to adapt to society if they're so shunned). however when dealing with these "sexting" scenarios, those concerns ramp up 10000000%
we're talking about extraordinarily punishing teens for wanting to see other teens naked. the horror
Posted on 2/14/17 at 3:56 pm to SlowFlowPro
I hear you on this.
Problem is which politician wants to be known as the guy or gal that "weakens" sex offender laws when they try to provide a fix.
Problem is which politician wants to be known as the guy or gal that "weakens" sex offender laws when they try to provide a fix.
Posted on 2/14/17 at 3:57 pm to Salmon
quote:
are most of these scenarios caused because our technology has passed up our laws (interpretations), but considering the sensitivity of the actual real crimes, nobody will go after the laws and rewrite them?
Exactly
Posted on 2/14/17 at 3:57 pm to Salmon
quote:
are most of these scenarios caused because our technology has passed up our laws (interpretations), but considering the sensitivity of the actual real crimes, nobody will go after the laws and rewrite them?
it's kind of technology but more the fact that new technology has changed culture and the laws can't/won't keep up. criminal law is typically very black/white and the system does not want to add in grey, esp when you're dealing with possibly giving defenses to legit predators
Posted on 2/14/17 at 4:00 pm to SlowFlowPro
quote:Seems pretty Draconian, and I can remember when I was 18 and a young 13 year old named Viv (who was well developed for her age and the little sister of a friend), basically offered me whatever I wanted. I was smart enough to walk away, but I can say for a certainty that there are guys that wouldn't have walked away. I know one that got a 15 year old pregnant and he quit college to marry the little tramp to avoid charges her daddy threatened. This stuff should not be a life sentence and this kid should never have been charged.
what does our society gain by this punishment of this individual?
This post was edited on 2/14/17 at 4:03 pm
Posted on 2/14/17 at 4:03 pm to SlowFlowPro
quote:
As part of the plea, Zachary also agreed never to appeal. He will be sentenced on March 9. Until then, he remains in jail.
Sentencing isn't until March 9? Can't he rescind the deal and go to trial?
Posted on 2/14/17 at 4:05 pm to SlowFlowPro
quote:
what does our society gain by this punishment of this individual? serious question
Teaches people still developing common sense that if you play stupid fricking games, you win stupid fricking prizes.
Posted on 2/14/17 at 4:06 pm to navy
quote:
Teaches people still developing common sense that if you play stupid fricking games, you win stupid fricking prizes.
There's a way to do this without cruel and unusual punishment.
Posted on 2/14/17 at 4:07 pm to navy
quote:
that if you play stupid fricking games, you win stupid fricking prizes.
it's really not that stupid of a game, though
and the system's response is insane and non-equitable
Posted on 2/14/17 at 4:09 pm to imjustafatkid
quote:Can a person sign away their constitutional rights?
As part of the plea, Zachary also agreed never to appeal.
Posted on 2/14/17 at 4:11 pm to HubbaBubba
That stipulation is standard for plea bargains. There are some limited exceptions, but generally you can't appeal a plea bargain you agreed to take.
And more generally, you can always waive your rights. That includes right to trial by jury, right to privacy, right to freedom of speech, etc.
And more generally, you can always waive your rights. That includes right to trial by jury, right to privacy, right to freedom of speech, etc.
This post was edited on 2/14/17 at 4:12 pm
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