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Part of Jessica's Law ruled unconstitutional
LA Times ^ | 11/05/10 | Andrew Blankstein

Posted on 11/04/2010 10:19:46 PM PDT by jerry557

California corrections officials this week stopped enforcing portions of Jessica's Law in Los Angeles County after a judge ruled that the 2006 statute restricting how close sex offenders can live to parks or schools is unconstitutional.

Los Angeles County Superior Court Judge Peter Espinoza concluded that the controversial measure left sex offenders in some areas with the choice of being homeless or going to jail because the law restricts them from living in large swaths of some cities such as Los Angeles.

He issued the 10-page ruling Monday after four registered sex offenders petitioned the court. He noted that the court has received about 650 habeas corpus petitions raising similar legal issues, and that hundreds more were being prepared.

In his opinion, Espinoza cited comments by Los Angeles Police Chief Charlie Beck that Jessica's Law restrictions had resulted in "a marked increase of homeless/transient [sex offender] registrants." In 2007, there were 30 sex offenders on active parole in Los Angeles. By this September, that number had jumped to 259, Beck said. Most of the new cases were filed in the last six months.

"Rather than protecting public safety, it appears that the sharp rise in homelessness rates in sex offenders on active parole in Los Angeles County actually undermines public safety," wrote Espinoza, who is the supervising judge of Los Angeles County criminal courts. "The evidence presented suggests that despite lay belief, a sex offender parolee's residential proximity to a school or park where children regularly gather does not bear on the parolee's likelihood to commit a sexual offense against a child."

(Excerpt) Read more at latimes.com ...


TOPICS: Crime/Corruption; News/Current Events; US: California
KEYWORDS: jessicaslaw; law; sexoffenders

1 posted on 11/04/2010 10:19:48 PM PDT by jerry557
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To: jerry557

Another liberal judge coddling perverts.

Vote him out the next time his name appears on the ballot.


2 posted on 11/04/2010 10:21:58 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: jerry557

It is a stupid law, the best way to handle child molesters is to keep them in prison or put them down permanently.


3 posted on 11/04/2010 10:30:16 PM PDT by runninglips (Don't support the Republican party, work to "fundamentally change" it...conservative would be nice)
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To: goldstategop
Well, what is the answer? While child sex offenders have perpetrated a horrible crime, once their sentence is up, just where are they supposed to live if there are restrictions that effectively relegate them to the streets?

Personally, I don't know the answer to this one. Once someone has served the time for their crime, are they to be further punished? Don't get me wrong, sex offenses against children are dastardly crimes. Either execute-or life sentences. But to create a circumstance where a paroled offender can find no where to live, then really, where is the justice in that?

4 posted on 11/04/2010 10:31:12 PM PDT by abigkahuna (screw em all)
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To: runninglips

I’d like to execute them. But liberals recoil at the notion of putting to death monsters who assault our children.


5 posted on 11/04/2010 10:32:07 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: jerry557

It’s an Unconstitional Bill of Attainder. End of discussion.


6 posted on 11/04/2010 10:32:25 PM PDT by sourcery (Poor Nancy: From Speaker OF the House to...Speaker UNDER the House)
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To: abigkahuna

Good question. If they’re that dangerous, they have no place in this world.

In that sense, the other poster is right, Jessica’s Law isn’t the right solution.


7 posted on 11/04/2010 10:33:46 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: jerry557

Abort the offenders. Problem(s) solved.


8 posted on 11/04/2010 10:36:23 PM PDT by abigailsmybaby ( I'm not going to buy my kids an encyclopedia. Let them walk to school like I did. Yogi Berra)
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To: jerry557

this judge is nuts


9 posted on 11/04/2010 10:40:25 PM PDT by screaming eagle2 (no matter what you call it,a pre-owned vehicle,IS STILL A USED CAR!)
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To: goldstategop

US Supreme Court has already put a nix on executions for rape. So that’s not happening. That’s a dead issue. Justice Kennedy was the swing on that one a few years ago and went with the liberals.

So if you go for life in prison, you got to find room. Prisons are already overcrowded. So you got to offset it by reducing sentences for other felonies. Take your pick...


10 posted on 11/04/2010 10:48:50 PM PDT by jerry557
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To: sourcery

Exactly. And everyone here who has been harping on following the US Constitution should understand this. You dont get to say follow only certain part of it.


11 posted on 11/04/2010 10:53:35 PM PDT by JLS (Democrats: People who won't even let you enjoy an unseasonably warm winter day.)
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To: runninglips

When someone commits a crime and is found guilty, put them in prison. When they have served their time and are released, leave them alone and let them try to rebuild their lives. If a crime is extremely violent or serious, put them in jail for a LONG time! But if they are released, then leave them alone too! Once a person has paid their debt to society, they have PAID THEIR DEBT TO SOCIETY! Isn’t that the purpose of prisons, to punish people for crimes they commit? Once they have served their time, it’s nothing less than corrupt to keep on punishing them. It’s not that difficult to understand. One more thing, most sexual offenders of children are either friends of the family or family members so even if offenders live on the moon they will most likely still be around the kids they are most likely to offend with, and even if they live nowhere near a school or park, all they would need to get near a school or park, is a car!


12 posted on 11/04/2010 11:13:02 PM PDT by Sporke (USS Iowa BB-61)
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To: abigkahuna
While child sex offenders have perpetrated a horrible crime, once their sentence is up, just where are they supposed to live if there are restrictions that effectively relegate them to the streets?

I voted against it for exactly that reason. This day was inevitable.

13 posted on 11/04/2010 11:43:49 PM PDT by calcowgirl
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To: jerry557

By the same token Federal law that deems schools “Gun Free Zones” should be ruled un-Constitutional.


14 posted on 11/04/2010 11:47:48 PM PDT by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: jerry557
With child molesters a glib "take your pick" doesn't usually sit will with their new victims. And over half *will* have new victims.

So, is it worth it to mandate where they can/cannot live? Probably not. Is it worth it to give them very long sentences, knowing that for each year they are behind bars means fewer children are getting molested? Oh yeah.

And I'm not including the teenagers who are boffing other teenagers getting accused of child molestation. Some states have commonsense laws in this regard and others are just stupid.

15 posted on 11/05/2010 12:08:12 AM PDT by VeniVidiVici (Defund National Peoples Radio!! Democrats are for free speech. Just not for you.)
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To: goldstategop

Jessica’s Law? Hey, wait a minute. I recall something about Mark Lunsford’s son being accused of unwelcome contact with a 14-year old. He just adopted a “boys will be boys” attitude about it.

That and Mr. Lunsford was accused of having underage porn on his computer.


16 posted on 11/05/2010 12:17:35 AM PDT by Strk321
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To: abigkahuna
Well, what is the answer? While child sex offenders have perpetrated a horrible crime, once their sentence is up, just where are they supposed to live if there are restrictions that effectively relegate them to the streets? Personally, I don't know the answer to this one. Once someone has served the time for their crime, are they to be further punished? Don't get me wrong, sex offenses against children are dastardly crimes. Either execute-or life sentences. But to create a circumstance where a paroled offender can find no where to live, then really, where is the justice in that?

You are entirely correct - in our system of justice, once having served the punishment as prescribed by society, a citizen should be allowed to resume his life as a citizen. It is the American way.

If people are appalled at this attitude, I can empathize. My suggestion is that the penalty for the crime be mandatory life imprisonment - with no parole, even for first-time offenders.

This would necessitate a change in the current penalties, but then it would become the prescribed punishment levelled by society - and I would be fine with that.

17 posted on 11/05/2010 12:38:10 AM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass</i><p>)
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To: jerry557

Child molesters (not statutory rapists with a 16 year old girl friend, not ‘sex offenders’ who had to audacity to pee outside) should be put to death. Anyone who experiences sexual gratification messing with an unwilling or prepubescent child should be put to death.

Then we would not have to worry about where they live.


18 posted on 11/05/2010 12:40:34 AM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Lmo56

Good luck getting the votes in most legislatures....


19 posted on 11/05/2010 12:41:14 AM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: sourcery
It’s an Unconstitional Bill of Attainder. End of discussion.

A concept hat so many of the law and order execute them all crowd here fails to grasp.

20 posted on 11/05/2010 12:51:36 AM PDT by The Magical Mischief Tour
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To: Lmo56
I>If people are appalled at this attitude, I can empathize. My suggestion is that the penalty for the crime be mandatory life imprisonment - with no parole, even for first-time offenders.

What I think many here fail to grasp is that more and more, the people who are ending up on these "Sex Offender Registries" are folks who are 17 and 18 years old who had consensual sex with their 16 year old girl friend.

Or as in the case of Georgia where you can be placed on the registry for life if you take a piss in public and a minor happens to see you. Regardless of circumstances, intentions or your history.

Everyone here sees nothing but "Sex Offender" and automatically thinks of some kiddie raping monster.

Registries like these were initially designed to mean well but over time have turned into nothing more than a vehicle for the government to control more and more of its citizens for life. Deny them the right to own guns, vote and now a place to live.

The spirit and the letter of these registries are unconstitutional as someone already said. The are nothing more than a bill of attainder and completely unconstitutional.

21 posted on 11/05/2010 12:58:13 AM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour
This is about CA law not what happens in Georgia or some other state. I've looked at the CA database over the years and I've never seen a so-called "Romeo & Juliet" case in it. Those examples are as uncommon and far-fetched as the proverbial harmless joint smoker going to prison longer than a murder or the need for millions of abortions because one rape may have lead to a pregnancy.

The CA database is full of hardened, often repeat, sex offenders usually convinced of molestation of or oral copulation with a child under 14. I've had at least two in my community living with a backyard against a public parks. One park is next to a school.

22 posted on 11/05/2010 3:41:46 AM PDT by newzjunkey (CA: 3m voters chose sanity; 4m chose fiscal suicide.)
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To: Sporke

I agree, that also goes along with my stand on restoring gun and voting rights to former inmates. I don’t mean allowing them to CC on day one, but after all fines are paid and the parole or in other terms are met. Either you are a citizen, or you are not. Former felons HAVE to be allowed to strive to become completely part of “normal” society. Actually, I think the reason that the “man” is afraid of letting former felons own guns, it is their favorite means of putting them back in prison. You know, man pulled over for broken tail light, found with pistol in the trunk....sent away for 7 years.


23 posted on 11/05/2010 7:03:43 AM PDT by runninglips (Don't support the Republican party, work to "fundamentally change" it...conservative would be nice)
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To: abigkahuna

the problem being, that with a thief, when his time is up, he can get out, and often be ok with not thieving. No so with pedophiles. Many will tell you, candidly, that when they get out, it is open season again.


24 posted on 11/05/2010 7:48:51 AM PDT by RoadGumby (For God so loved the world)
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To: runninglips

Well, I completely agree with you too about Voting/Gun rights. This may or may not be unrelated, but in the “old days” if you had a felony you at least had the option of leaving the state you were convicted in and totally starting over, because for the most part, your record wouldn’t follow you to another state. With the internet, there is no longer ANY option, once you are convicted, EVERYONE will know it, wherever you are. It’s bad enough that they can’t find any job, but for the law to continue to punish them just adds to the problem. I believe that’s one reason so many continue to commit crimes. Many times they have zero options to earn money legally. :-/


25 posted on 11/05/2010 9:14:43 AM PDT by Sporke (USS Iowa BB-61)
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To: abigkahuna
Well, what is the answer? While child sex offenders have perpetrated a horrible crime, once their sentence is up, just where are they supposed to live if there are restrictions that effectively relegate them to the streets?

Assuming that they have served their entire sentence, they end up in very rual counties where they are MUCH more difficult to monitor, if that's the desire. If they are still on parole or probation you end up with a situation where they are unable to get housing anywhere so they end up living on the streets, where, you guessed it, they are much more difficult to monitor!

26 posted on 11/05/2010 2:11:46 PM PDT by Smogger
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To: abigkahuna

I forgot to mention that parolees and probationers are normally forbidden from leaving the county that they were paroled to, or are on probation in. Just leaving is a parole or probation violation.


27 posted on 11/05/2010 2:15:19 PM PDT by Smogger
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