Daily Archives: December 20, 2009

The fear is upon us: convict to be on the safe side

these are not the sex offenders youre look-wait, he kinda is

America’s War on Sex (Offenders) is well documented by now. Sexual deviants and offenders are the modern day witches, persecuted by the fearful among us, without any regard to rationality or reason. So it was only inevitable, then, that the prosecutions of these witches creeped into the Orwellian realm: seemingly innocent acts (albeit non-conventional) that may perhaps possibly lead to an actual crime, despite a mountain of evidence suggesting the opposite.

That’s precisely what happened to one gentleman in Colorado, as documented by Dr. Marty Klein, who authors the Sexual Intelligence blog. He explains (explicit details, skip the blockquote if you’re delicate):

Here’s the situation: The defendant “Mr. Jones” goes into a Yahoo adult chat-room, and makes it clear he wants to have conversations about sexually dominating a young person. A person responds—let’s call her “Missy”—who says she’s a teen who would gladly chat with a wiser, older man about the ins and outs of sexual things.“Missy” says she’s 14, and she and “Mr. Jones” proceed to exchange hundreds and hundreds of emails, IMs, and phone calls, which range from the incredibly boring to the graphically sexual. He discusses how one day she’s going to be sexual with men, and therefore he helpfully instructs “Missy” to put her fingers in her vagina, practice sucking them, etc.. On the other hand, he never invites his correspondent to meet him, never sends “Missy” money or gifts, never sends her pictures of adults having sex with minors.

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The stupidity epidemic: it’s catching

Well, folks, now you’ve gone and done it. The stupid has taken over the world. In addition to the “honey I found a shotgun in the yard” crime in Britain, Virginia has now gone and convicted the coffee guy who was walking around his house naked and was spied by some peeping toms.

Add to that this by now well worn video of the DC cop who pulled a gun on snowballers and it might be time to scratch this whole homo sapiens project and start over:

I am now going into isolation to avoid catching the stupid. See you never.

The Georgia peach has turned rotten

not cool, GA. You made lolcat swear.

I’m going to throw some numbers at you. See if you can recover sufficiently to read the rest of this post. Ready?

475, over a year, $160,000, 187 and finally 2 and a 1/2.

Any guesses? If you guessed  active cases, time pending, funding for contract attorneys, clients without counsel as of November ’09 and finally, the number of appellate attorneys state-wide in GAs pd system, then you either deserve some sort of prize or have read this.

That’s right. Two full time and one part time appellate public defenders. Handling a caseload of 475.

I don’t think you understand.

475 divided by 2.5 = 190 appeals per lawyer. Appeals. Per. Lawyer. And it isn’t like the State of GA has stopped prosecuting and convicting people.

This is the latest stand in the war against the rape of Constitutional rights in GA. The Southern Center for Human Rights has filed a fourth lawsuit against the State of GA, seeking to ensure that adequate funding is provided. This, from their press release, nearly made me cry: Continue reading

Between a void and a hard place

You are Paul Clarke. You live in a small town in England. You’ve had a run-in or two with the law, but nothing serious. One day, you find a black bag a the end of the garden. You think it’s a bag of rubbish (garbage, for you non-Brits). You open it and inside find a shotgun. Being civic minded (plus a little lazy), you take the gun to the police a few days later and turn it in.

Fast forward a number of months. Where do you think you are now, Paul?

Awaiting sentencing for possession of a shotgun Sentenced to 12 months suspended, that’s where. An offence which carries a mandatory-minimum penalty of 5 years. Jack of Kent, a British blougger, has written extensively on this case and it’s well worth the read (via the deadly Charon). As with all strict liability crimes and crimes that involve mandatory-minimum sentences, the befuddling question here is the exercise of discretion to prosecute Mr. Clarke. While the police were unwilling to comment on the case, Jack of Kent was able to enter into a lengthy e-mail exchange with the Crown Prosecution Service, who explained their decision to prosecute thusly:

Paul Clarke claimed that he found the shot gun in his garden and decided to bring it to the police station. Evidence showed that he was in possession of the gun and the cartridges for some days earlier and that at that time he did not try to contact the police, for them to collect the weapon. He could not explain why he waited some days before bringing the gun to the police station and why he did not contacted the police for them to come and collect the gun.

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