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Street Magic
Joined: 23 Sep 2009
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 Posted: Thu Mar 11, 2010 12:45 pm Post subject: |
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| bacasper wrote: |
| The Happy Warrior wrote: |
| A 1942 court case, Skinner v. Oklahoma, held that laws mandating castration violated the equal protection clause of the 14th Amendment. Good ruling. |
That case could only have dealt with surgical castration as the chemical form was first used in the US in 1966, so I wonder if they would hold the same for the chemical form, especially considering how the latter's effects are reversible once the medication is stopped.
According to Wikipedia, courts in nine states can now order this treatment to sex offenders. |
The case Happy Warrior cited didn't strike down the use of castration as a punishment so much as the use of a law that targeted any variety of repeat offender (I believe the defendant in question's last strike was stealing a chicken) except those who fell under the few white collar crimes listed as exempt (i.e. embezzlement, "political crimes," etc.). That's why it violated the equal protections clause-- the law didn't apply to everyone equally.
While this would normally mean that any law with castration as a punishment could still take effect so long as it didn't discriminate by economic status, the case opinion actually did include a warning on the severity of such a punishment as well as on the ulterior motive of eugenics. Unfortunately, this warning was explicitly made less than officially binding.* It'd be much better if castration was clearly struck down in that case on the basis of the 8th's "cruel and unusual" deal, but yeah, that's how that went down.
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| We mention these matters not to reexamine the scope of the police power of the States. We advert to them merely in emphasis of our view that strict scrutiny of the classification which a State makes in a sterilization law is essential, lest unwittingly, or otherwise, invidious discriminations are made against groups or types of individuals in violation of the constitutional guaranty of just and equal laws. |
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bacasper
Joined: 26 Mar 2007
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| Posted: Thu Mar 11, 2010 6:27 pm Post subject: |
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| young_clinton wrote: |
| bacasper wrote: |
| Dixon wrote: |
Good job, justice system. Don't let him out again when he does the same thing after a month of being out of prison. Why let a dangerous violent criminal out on the streets with no sign of being reformed? At least chemically castrate him if he has been convicted of rape and attempted rape several times. |
Yes, he appears to be an excellent candidate for such injections. |
They don't work, they can still rape |
Maybe they can, but do they? Got any evidence to show that compliant patients still rape? Or are you saying that the treating clinicians are all charlatans out to hoodwink their patients?
It is the most widely used medical treatment for pedophilia. Pedophiles report that they find it easier to resist the urge to approach children.
| Street Magic wrote: |
The case Happy Warrior cited didn't strike down the use of castration as a punishment so much as the use of a law that targeted any variety of repeat offender (I believe the defendant in question's last strike was stealing a chicken) except those who fell under the few white collar crimes listed as exempt (i.e. embezzlement, "political crimes," etc.). That's why it violated the equal protections clause-- the law didn't apply to everyone equally.
While this would normally mean that any law with castration as a punishment could still take effect so long as it didn't discriminate by economic status, the case opinion actually did include a warning on the severity of such a punishment as well as on the ulterior motive of eugenics. Unfortunately, this warning was explicitly made less than officially binding.* It'd be much better if castration was clearly struck down in that case on the basis of the 8th's "cruel and unusual" deal, but yeah, that's how that went down. |
Thanks for explaining that and giving the context. |
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Fox
Joined: 04 Mar 2009
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| Posted: Thu Mar 11, 2010 7:10 pm Post subject: |
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| bacasper wrote: |
Unfortunately, exactly the wrong approach may happen in Israel.
Database listing pedophiles living in Israel passes preliminary reading
Published: 03.03.10, 12:11 / Israel News
The Knesset plenum passed a preliminary reading of the bill for establishing a national database listing the details of all the known pedophiles in Israel. According to the bill, the database will be open to the public.
In addition, the bill seeks to grant jurisdiction to the courts to order pharmaceutical treatment of pedophiles to lower their sexual urges. The bill was initiated by Knesset Member Eli Aflalo (Kadima). |
This is really unfortunate. Nations always seem to go too far in either one direction or the other; either they show excessive leniency and boarderline neglect with regards to sex crime laws, or the end up in some sort of bizarre sex-crimes witch hunt. Israel is making a big mistake. |
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itaewonguy
Joined: 25 Mar 2003
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| Posted: Thu Mar 11, 2010 7:49 pm Post subject: |
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STRING HIM UP!!!
he can deny all he wants.. but unless someone took his sperm sample and inserted into the women. he is guilty as they come! Id love to hear his story of how his sperm ended up in her.. hahhhah
GUILTY AS CHARGED!
DEATH PENALTY! |
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chris_J2
Joined: 17 Apr 2006
Location: From Brisbane, Au.
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| Posted: Sat Mar 13, 2010 8:43 am Post subject: |
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I was just reading the case of Marc Dutroux in Belgium, who raped 5 girls in the 1980's, long before his serial killing phase, which occurred after being deemed 'fit' by psychiatrists, to reenter society.
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| In February 1986, Dutroux and Martin were arrested for abducting and raping five young girls. In April 1989, he was sentenced to thirteen and a half years in prison. Martin received a sentence of five years. Showing good behaviour in prison, Dutroux was released on parole in April 1992, having served only three years. |
He then went on to kill 5 people:
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| Dutroux kidnapped, tortured and sexually abused six girls during 1995 and 1996, ranging in age from 8 to 19, four of whom he murdered. He was also convicted of having killed a suspected former accomplice, Bernard Weinstein. |
http://en.wikipedia.org/wiki/Marc_Dutroux |
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nautilus
Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!
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| Posted: Sun Mar 14, 2010 5:44 am Post subject: |
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| itaewonguy wrote: |
STRING HIM UP!!!
he can deny all he wants.. but unless someone took his sperm sample and inserted into the women. he is guilty as they come! Id love to hear his story of how his sperm ended up in her.. hahhhah |
This is it.
I don't get why they are still saying that the DNA evidence -on its own- is not enough to convict. |
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bacasper
Joined: 26 Mar 2007
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| Posted: Sun Mar 14, 2010 6:37 am Post subject: |
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| nautilus wrote: |
| itaewonguy wrote: |
STRING HIM UP!!!
he can deny all he wants.. but unless someone took his sperm sample and inserted into the women. he is guilty as they come! Id love to hear his story of how his sperm ended up in her.. hahhhah |
This is it.
I don't get why they are still saying that the DNA evidence -on its own- is not enough to convict. |
I guess yo have never seen the Kevin Spacey movie, The Life of David Gale. |
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CentralCali
Joined: 17 May 2007
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chris_J2
Joined: 17 Apr 2006
Location: From Brisbane, Au.
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| Posted: Mon Mar 15, 2010 6:52 pm Post subject: |
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Also in that link: One in five sex criminals university grads: survey
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Over a fifth of all sex criminals are highly educated, having graduated from college or higher, a survey shows.
Among 13,377 sex crime offenders in 2008, 2,706 or 20.2 percent had college or higher academic degrees, according to the 2009 Criminal White Paper released by the Legal Research and Training Institute yesterday.
Some 4,602 offenders or 34.4 percent were high school graduates and 1,397 or 10.5 percent were middle school graduates.
Almost six percent of the sex criminals were only primary school graduates or had no academic backgrounds, showed the paper.
In other felonies, the number of highly educated offenders was visibly low, the research also showed. |
http://www.koreaherald.co.kr/NEWKHSITE/data/html_dir/2010/03/16/201003160039.asp
There have also been cases of feeble minded people confessing to crimes that they never committed, & they were subsequently executed. After their execution, it came to light who the real killer was. Another reason why I'm generally opposed to the death penalty. I'd make an exception for Timothy McVeigh, (Oklahoma bombing), but many people would argue against the death penalty, even in this extreme case. |
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