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Thread: NJ - More victims of the unintended consequences of laws named after dead people

  1. #1

    Exclamation NJ - More victims of the unintended consequences of laws named after dead people

    So, now both of these boy's lives are pretty much ruined.

    With the security grid and interconnected databases, sex offenders and felons are pretty much shut out of ever landing a decent job, rent, credit, all sorts of government goodies are all shut off to them now.

    And people wonder why dealing dope never has any shortage of willing participants?



    Prosecutorial Discretion

    Wednesday, July 20th, 2011

    More victims of the unintended consequences of laws named after dead people

    http://www.theagitator.com/2011/07/2...al-discretion/



    Teens in horseplay incident must register as sex offenders

    Wednesday, July 20, 2011 Last updated: Wednesday July 20, 2011, 6:50 AM
    BY MARYANN SPOTO
    STATE HOUSE BUREAU

    http://www.northjersey.com/news/crim...offenders.html

    Call it bullying or call it horseplay. Either way, a state appellate court panel says roughhousing with a sexual connotation by a pair of 14-year-old Somerset County boys was a crime that requires them to register as sex offenders for the rest of their lives.

    In a decision handed down Monday, the three-judge panel acknowledged the severity of its decision, but said it was bound to uphold the law.

    "We are keenly aware that our decision may have profound lifelong ramifications for these two boys as well as others similarly situated," Judge Jose Fuentes wrote.

    One of the boys, whose case went to trial, said he had sat on the faces of a pair of 12-year-old schoolmates with his bare buttocks in November 2008 "cause I thought it was funny and I was trying to get my friends to laugh," he told a family court judge.

    But an act is considered criminal sexual contact if it is done for sexual gratification or to degrade or humiliate the victim, and punishable by lifetime registration — even for juveniles — under Megan's Law, which requires a person convicted of a sex crime against a child to notify police of changes of address or employment.

    The trial judge concluded the teenager intended to humiliate or degrade his victims and found him guilty of criminal sexual contact. The second teenager who was implicated pleaded guilty to criminal sexual contact and received the same penalty.

    The convictions were appealed, and the attorneys for the teenagers argued their behavior amounted to horseplay, which other appellate court panels had exempted from Megan's Law.

    David Fassett, an attorney for the boy who pleaded guilty, argued that the court should not take such a literal view of the law.

    "I think the Appellate Division was simply offended by the conduct here and just couldn't get past that issue," he said.

    The appeal did not challenge the application of Megan's Law to the 14-year-old youths since courts have already ruled the law applies to offenders as young as 13, but on the ground that the offense was not severe enough to carry a lifelong stigma.

    Ronald Chen, the state's former public advocate who is vice dean at Rutgers-Newark Law School, said in an interview that the ruling highlights the "collateral" consequences of Megan's Law.

    He said that although the convictions for criminal sexual contact met the law's requirements, "I don't think lifelong registration is a proportionate response."

    Chen said that is something the Legislature has to take up.

    "It is a very harsh result, and maybe the Legislature should take a look at it," he said.

    "But for now, it is what it is."

    MaryAnn Spoto is a reporter for The Star-Ledger.
    Last edited by Anti Federalist; 07-20-2011 at 03:22 PM.
    Another mark of a tyrant is that he likes foreigners better than citizens, and lives with them and invites them to his table; for the one are enemies, but the Others enter into no rivalry with him. - Aristotle's Politics Book 5 Part 11



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  3. #2
    $#@!! The TSA gets to touch you all over and nothing! $#@!, $#@!, $#@!!
    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho

  4. #3
    Simply ridiculous... however, not surprising in NJ.

    What do you want me to do, to do for you to see you through?
    A box of rain will ease the pain, and love will see you through.
    Box of Rain, Grateful Dead




    Quote Originally Posted by PaulConventionWV
    A real feminist would have avoided men altogether and found a perfectly good female partner. Because, y'know, all sexual intercourse is actually rape.
    निर्विकल्पा
    aka Wicked Heathen
    I was a nasty woman before Trump made it cool.

  5. #4
    Judges - into the system boys... for the rest of your life. Childish fun will not be allowed... not even for children.

  6. #5
    Holy sweet jesus, just about every kid that I grew up with would end up on the sex offender list if these were the standards then. That is seriously retarded, and further degrades the meaning of "sex offender." How will these kids go to high school, if they aren't allowed in the vicinity of a school?
    Those who want liberty must organize as effectively as those who want tyranny. -- Iyad el Baghdadi

  7. #6
    Based on the idea of natural rights, government secures those rights to the individual by strictly negative intervention, making justice costless and easy of access; and beyond that it does not go. The State, on the other hand, both in its genesis and by its primary intention, is purely anti-social. It is not based on the idea of natural rights, but on the idea that the individual has no rights except those that the State may provisionally grant him. It has always made justice costly and difficult of access, and has invariably held itself above justice and common morality whenever it could advantage itself by so doing.
    --Albert J. Nock

  8. #7
    Quote Originally Posted by amy31416 View Post
    Holy sweet jesus, just about every kid that I grew up with would end up on the sex offender list if these were the standards then.
    Got teabagged a lot growing up did ya?

    Oh and this his horrible. And they probably can't even emigrate to another country legally either; stuck in the united statists of america..
    Last edited by specsaregood; 07-20-2011 at 02:47 PM.

  9. #8
    New Jersey was rated the 49th freest state in the Union, so I got the hell out of there and moved to...the 50th.

    "an act is considered criminal sexual contact if it is done for sexual gratification or to degrade or humiliate the victim"

    So, yet again, they can read the minds of the defendants by putting on magic black robes or badges? Or does the 'victim' just have to feel humiliated. Because if it's the latter than NJ has an open and shut case against the TSA.



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  11. #9
    Sexual assault---->


    "IF GOD DIDN'T WANT TO HELP AMERICA, THEN WE WOULD HAVE Hillary Clinton"!!
    "let them search you,touch you,violate your Rights,just don't be a dick!"~ cdc482
    "For Wales. Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales?"
    All my life I've been at the mercy of men just following orders... Never again!~Erik Lehnsherr
    There's nothing wrong with stopping people randomly, especially near bars, restaurants etc.~Velho

  12. #10
    Quote Originally Posted by Tom in NYC View Post
    New Jersey was rated the 49th freest state in the Union, so I got the hell out of there and moved to...the 50th.

    "an act is considered criminal sexual contact if it is done for sexual gratification or to degrade or humiliate the victim"

    So, yet again, they can read the minds of the defendants by putting on magic black robes or badges? Or does the 'victim' just have to feel humiliated. Because if it's the latter than NJ has an open and shut case against the TSA.
    Not to mention the BDSM community.

    Seriously, you and I well know, if government does it, they are exempt.

  13. #11
    Quote Originally Posted by specsaregood View Post
    Got teabagged a lot growing up did ya?

    Oh and this his horrible. And they probably can't even emigrate to another country legally either; stuck in the united statists of america..
    Yeah, just because nobody ever offered you a cookie to "show me yours," you take out yer hostility on me.
    Those who want liberty must organize as effectively as those who want tyranny. -- Iyad el Baghdadi

  14. #12
    //
    Last edited by specsaregood; 04-09-2012 at 08:44 PM.

  15. #13
    Quote Originally Posted by specsaregood View Post
    now now, she did it for free...we were both 6 and in the shed out behind her place......and just as we were playing show and tell.....our older siblings walked in on us! :O
    You and your little girlfriend are sex offenders!
    Those who want liberty must organize as effectively as those who want tyranny. -- Iyad el Baghdadi

  16. #14
    What a $#@!ed up mess.

    Poor kids.

  17. #15
    Jose Fuentes eh? It never ceases to sadden and amaze me when members of a traditionally marginalized and victimized group gain power, and then immediately start victimizing others, rather than try to amend the system their ancestors (and, in some cases, selves) suffered under
    The main difference between the right and the left is that a right wing politician claims to protect your economic freedom, but does not, whereas a left wing politician claims to protect your social/personal freedom, but does not.

    weak minds follow, conventional minds lead, great minds question

  18. #16
    Quote Originally Posted by Tom in NYC View Post
    New Jersey was rated the 49th freest state in the Union, so I got the hell out of there and moved to...the 50th.

    "an act is considered criminal sexual contact if it is done for sexual gratification or to degrade or humiliate the victim"

    So, yet again, they can read the minds of the defendants by putting on magic black robes or badges? Or does the 'victim' just have to feel humiliated. Because if it's the latter than NJ has an open and shut case against the TSA.
    Here in NJ a TSA officer was recently caught stealing money from passengers.
    A savage barbaric tribal society where thugs parade the streets and illegally assault and murder innocent civilians, yeah that is the alternative to having police. Oh wait, that is the police

    We cannot defend freedom abroad by deserting it at home.
    - Edward R. Murrow

    ...I think we have moral obligations to disobey unjust laws, because non-cooperation with evil is as much as a moral obligation as cooperation with good. - MLK Jr.

    How to trigger a liberal: "I didn't get vaccinated."



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