Posted: 11/21/2007 12:05:12 PM EDT
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Link to Story The Georgia Supreme Court today affirmed the right of Americans citizens to own property and live on the property that they own without fear of the government forcing them to move. Since 2006 individuals convicted of a felony could be forcibly evicted from their homes under threat of prison and having a new charge added if their home wasn't acceptably placed according to the government. A proud day for property owners in Georgia today. Before you rail on me, what if the law had said people convicted of carry a concealed weapon were no longer allowed to live within 500 yards of a school, bus stop, church, or daycare because of their dangerous proclivities...  ETA: Poll results Do you agree with the court's decision to overturn the law that banned registered sex offenders from living near schools, churchs and other areas where children congregate? Yes 72.22% 1206 No 27.78% 464 |
| Absolutely I agree. The first case I ever prosecuted at the DA's office was a "failure to register" case where a guy convicted 10 years ago was serving out his probation. He was gainfully employed at a hardware store for seven years when a "ministry" moved in across the street in the storefront of a shopping center. The ministry fit the statutory definition of a church, and he was charged with failure to register because he was working within 1000 feet of a church. Total BS. I am glad to see that the Court is making the tough decisions that the legislature is afraid of. |
Doesn't it already say we can't go to these places, except for the daycare? Did you know that a person with a firearms license in California can go to a school campus without any criminal prosecution? Why is the same conduct a felony in Georgia? |
Problem is that many sex offenders are not safe to be in society. The registry exists because of the court system's failure to protect children. That being said, a one time offender should not have it follow them forever. Maybe a probationary period on the list...I don't know, but allowing an offender who was just released from prison for sodomizing several children to move back home next to a day care doesn't make much sense either. For repeat offenders...screw em. They should have to follow all of the current registration and location bans |
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If they are able to use DNA evidence to show a 30 yr old man molested a 9 year old girl,.....the guy wouldn't have to register anywhere if he was excecuted like he should have been. I agree though that people don't need to be hounded to death after conviction. I just don't think the punishment for child molestation is nearly sever enough (particularly where DNA evidence is found). Don't punish them for the rest of their life, just punish them once and then bury them. On the news up in PA is a guy who molested a toddler, the fellows teeth marks were found on the girls chest and Police say he raped and killed the girl. He should certainly die, I don't want him registering anywhere 20 years from now. You are right though DKing, the context of the law can apply to many things. |
The problem is, that in this day and age, you can be in dire need and take a leak behind a tree, and become a sexual predator..... what's wrong with THAT picture???!!!  I agree with the sentiment that we ought to lop off the offending member from those individuals that harm children OR who force sex on another! But, as government is prone to do, they have gotten WAY outa hand as to what constitutes a sexual predator!  And NO, I am NOT a sexual predator, but my *EX*-brother-in-law IS, and rightly so..... 
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| Doug, I think your wife is pregnant with your first child. When you look at your baby for the first time and think of what some POS sex offender would love to do to that innocent little baby, it might make you sing a different tune. Perhaps not. Personally, I think that child molesters should be tracked forever. |
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When thinking of the no. of kids that have been molested and killed according to the news reports from the last few years, is it surprising that most kids molested and killed have had their innocence and lives taken by REPEAT offenders? Since the jail system isn't able to cure em....... kill em. I'm not talking about a 15yr old boy or girl consenting to extra credit with their teacher because they think they're in love either. For instance, the guy they just caught who made national news for taping his molestation of young boys, and the news said they were crying out in pain and for help on the tape. I'd do my best to cure the guy (with a lead pipe), then I'd kill him. Sorry, I'm all out of compasion for these guys. He wouldn't need to register anywhere if I had my way, but since he hasn't killed anyone you can be sure that in 15 yrs or less he could be living in your neighborhood, it'd be nice to know he was there wouldn't it. Perhaps the sex offender list is applied toooo broadly, is it even helpful, I don't know. LOL, DKing thanks for stirring the pot. Hey, talking about shooting pedophiles on a gun site is ok isn't it? It is shooting related. 
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I presume you are saying that what I said is a personal attack. I apologize to Doug. I did not intend it that way. I've never met him, but I have a lot of respect for him and his opinions. The point I was trying to make is that when I became a parent, my priorities and ways of thinking changed dramatically. I presume that most new parents go through the same change. The focus is no longer on the spouse, it shifts to the baby. I'm very protective of my children, and that may show itself in my emotional response. Obviously, I didn't do a very good job of saying what I meant. |
Do you mean carrying on your person on school property or leaving it in your car? |
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The problem with Georgia's registry is the definition of sex offender. Our laws lumps someone who takes a leak in public, solicits a prostitute, or brutally rapes a 3 year old, all into the same pile. While we all can quote one of the recent media stories about a predator who committed a heinous act against an innocent, and feel the outrage, disgust, and desire for "justice"; it is also easy to jump to a knee-jerk decision based on a worst case scenario. You will be hard pressed to convince me that a guy who got drunk and pissed behind a dumpster after a night in the bar, a sixteen year old who had consensual sex with a fourteen year old, and a murdering child rapist piece of garbage, should all share the same, lifelong stigma. They simply aren't the same. However, under the current law they are treated as the same. For those who offer the argument of "what if you found your kid....", I hope you are never put in the position to test your proffered solution. I have been a patrol officer for over ten years, and I have been placed in situations where my boasted justice administrating skills were tested. I have seen things that make a man direly want nothing more than the authority to administer 180grns of justice. However, I learned that, in those times, the only comfort to my mind was that, as a civilized man, adherence to the law was what separated me from the garbage. I certainly don't throw around "I would's" quite as lightly anymore. Should we have tougher penalties for the confirmed sicko's? Absolutely. Unfortunately our prisons are packed full of people who are guilty of nothing more than wishing to poison their own brains with substances we consider "immoral" (another argument for another post). No room for the true whacko's. I have also seen situations where a jilted ex wanting revenge, a soon to be ex wanting a really simple divorce, or even kids pissed off at mommy for their new boyfriend, have dragged perfectly innocent people through an unrecoverable hell. I've also seen cases where a father was caught red-handed trying to "know" his seven year old daughter, and where a grandfather was caught with pornographic pictures with his four year old granddaughter's face pasted on the female bodies. The severity of the consequences in either situation, to the child victim, an innocent adult victim (of unrecoverable slander), and hopefully the true predator pieces of sicko garbage, demand a honest and thorough examination of the facts. For the record, I am happy with the ruling. I don't think a teenager who got a little stinky-pinky, or some guy who was drunk peeing behind a dumpster (with no malice), should be treated the same as a pervert piece of garbage. |
You are correct that these offenses should not be lumped in with child rapers. Didn't the last Georgia general assembly address the teenager stinky pinky thing? I keep hearing the peeing behind a dumpster thing, The two people I know on the offender list were both "just peeing" and for the record, I wouldn't allow them around my kids before I knew they were on the list. They were pervs. I think thats a "makes sense" excuse kind of like,"thats not my crack officer, I'm just holding it for someone else" Being a cop yourself, would you arrest a drunk as a sex offender for peeing behind a dumpster? How about showing genitals to kids? the only excuse a perv has is, "I was just peeing." A judge should have some leeway on the offender list, but some actions should have lifetime punishments. I don't understand why this is an all or none topic. |
For the record. I didn't take what you said personally. I understood what you are getting at and it is a valid point. The problem is it only validates my argument.  OF COURSE parents are protective of their children. OF COURSE a parent will be willing to kill anyone who harms their child. That's why we have a justice system and why we don't leave decision like that up to the victims or their parents. I've visited the federal prison in Atlanta. I've seen some of the worst of the worst in their serving time. And I've watched them make uniforms for soldiers. I've seen them get degrees and they've shown me the books they are working on. Remember the bird man of Alcatraz? These are true stories. Some people are mentally disturbed, but are we saying that as a society we cannot find a place for them? Some people deserve a second chance at freedom, but everyone deserves a second chance at life. Prison while terrible doesn't have to be a waste of a life. I think we can find ways for people in prison to contribute. Even child molesters. I don't think it is fair to continually punish someone after they have completed their sentence. I don't think we should take away property rights force convicted criminals into second class citizen status. That's why I'm glad the Supreme Court took a stand that the legislature can not make. That's also why I'm glad we have supreme courts to make unpopular stands. |
Wow. I gues I can quit typing because this says it all. 
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Chad, I think we agree more than it appears, and I apologize if I gave the impression that I see it as "all or none". If anything, I feel that the law should be fixed to prevent that. The difference between a drunk peeing and a perv shaking his pecker at a kid is a matter of intent. One simply picked a poor place to empty his bladder. The other is getting a sexual thrill from his exhibitionism. Unfortunately, through innocent mistake, inexperienced officer, ignorance, or "zero tolerance" (quite possibly the worst thing to ever happen), they are often treated the same. Don't get me wrong, if a guy is acting as a deviant (which is often building to a predator) or as a predator, he needs to be removed from innocent society. However, we can't lump one in with the other. Quite frankly it cheapens the registry to me. Almost like crying wolf one too many times. I've seen monsters get off light or totally because of poor (but truthful) testimony, intimidation, tricky lawyers using race bating or other such nonsense, and lazy prosecutors giving light pleas and presenting piss poorly put together cases. However, I've seen guys more guilty of bad judgment than being a true sexual deviant get treated as though they were monsters. As far as whether or not I personally would make the arrest on someone peeing behind a dumpster; it depends. Each case is different. Without knowing the situation, and, more importantly, being able to interview the accused person, I just can't say. As to the teen romance issue, the assembly did address that this session; they made it a misdemeanor in stead of a felony. To my knowledge, it still qualifies as a sex crime (someone correct me if I'm wrong). |
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Here's my theory on this: If you let someone out of prison, it should be because they are ready to assimilate back into society COMPLETELY. Meaning, they have all rights restored, and are to be completely trusted with all rights, responsibilities, and privileges bestowed upon them. If you release a felon from prison, he should be able to own a firearm. He should not be registered, he should not be tracked, nor haunted by his crime. He should have paid his dues and been rehabilitated IN PRISON. If that was not possible during the sentence, he should have stayed longer. If someone cannot be trusted with a firearm, with the right to vote, with the same freedoms as a non-convict, then he should not be released into society. Prison terms should be more about rehabilitation than about punishment. However, they should be more about punishment than they are now. Prison should be HARD, but humane. It should be strict, but educational. And I don't mean the type of prison education that makes the CRIMINALS hard. When an inmate is released from prison, he should come out with a job skill, or something that allows him to become a productive member of society, if he didn't already have such. If not, that former inmate will just revert to the only thing he knows how to do, and that thing will land him back in jail. It's not a reward, coming out with a job skill. Those skills are earned through hard work. Again, aside from coming out with something positive to add to society, the prison sentence should be as unpleasant as humanely possible. If someone is determined to be unrehabilitatable (made up word?), then he should be executed. He will not ever be a productive member of society. He will only be a detriment, in the form of a monetary burden upon the tax base. People should not be prosecuted for victimless crimes. That would also reduce the number of prisoners significantly. Think about how many people were leading a good life, but then went to jail for possession with intent to distribute, then came back out of prison a year or two later, harder, more criminal, and without anything significant to show for it. |
Really?  The Georgia sex offender law snags people who simply pee in public and people who solicit prostitutes and forces them to register on the system? Really? I have not studied this issue, DKing, but I bet you have. What is the answer? 
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The following offenders are required to register: Offenders placed on probation, parole, supervised release or released from prison after July 1, 1996, for one or more of the following offenses: * O.C.G.A. § 16-6-1 Rape * O.C.G.A. § 16-6-2 Sodomy (against a minor); Aggravated Sodomy (against a minor or an adult) * O.C.G.A. § 16-6-3 Statutory Rape (unless the age of the perpetrator is 18 years of age or younger) * O.C.G.A. § 16-6-4 Child Molestation; Aggravated Child Molestation * O.C.G.A. § 16-6-5 Enticing a child for indecent purposes * O.C.G.A. § 16-6-22.2 Aggravated Sexual Battery * Kidnapping of a minor, except by a parent * False imprisonment of a minor except by a parent * Criminal sexual conduct toward a minor * Solicitation of a minor to engage in sexual contact * Use of a minor in sexual performance * Solicitation of a minor to practice prostitution * Any conviction resulting from an underlying sexual offense against a victim who is a minor * Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct * Creating, publishing, selling, or distributing any material depicting a minor engaged in sexually explicit conduct * Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct * Any conduct which, by its nature, is a sexual offense against a minor (this language replaces O.C.G.A. § 42-1-12 (a)(4)(A)(vii) Offenders convicted in a federal court, military court or a court of another state or territory for any offense which under the laws of this state would be classified as a violation of O.C.G.A. § 42-1-12 and the offender will be establishing residence in the State of Georgia. |
Yes they do.  I have a friend who was arrested and that was on the threat list. Said friend made a timely call to GSPIA and caught the cop with his pants down. Didn't hurt that the wife was present. The case was dismissed when the cop was otherwise occupied and was unable to attend the hearing. |
I have two step daughters. I would want to know if a sexual predator was living around us. I do believe that most crimes, even murder, should not be held against you well after you have paid your debt and done your time but sexual crimes, IMHO, are not forgivable, especially if children are involved. Now if an 18 year old screws a 15 year old I don't even see the need to have to register but for an actual predator, come on... Anyone with children knows exactly what I mean. |
If you really feel that way (and so many claim to) just up the ante at trial. Make aggravated sexual predator child molestation (or whatever you want it called) a life without parole offense. If they are really that bad why open up a chance. The problem is it is politically acceptable to open the flood gates on sexual deviants. We'll hold up the scary picture of the predator and write legislation that attacks 18 year olds with their girlfriends who have less difference in age then my wife and I.  Then we say we haven't done enough and make it so anyone trying to make headway in their life after conviction has to live on a dingy at least 500 yards out into the Atlantic. Now, the Supreme Court recognizes this as lunacy and the same legislators are back crying they'll just pass it again. We have mandatory minimums on these crimes already. What good does a prohibition on living in your home do? How does forcing people to move make the world safer? Is it just "not in my back yard"? What about attack groups who will rent a building and establish a one child daycare to force another expensive lease breaking? |