[Vision2020] Fwd: Sex offender legislation

[Sunil Ramalingam]

Donovan,

I have stated what happens and why, as I understand it based on my 
participation in the judicial system.  Ellen is not the only one with 
questions, and I offered that last post to try to answer them.  I really 
don't want to argue about it, as I don't think there's any point in trying.

It seems to me that you place all sex offenders in the same category, and 
want to treat them all the same way.  We can say they're all the same and 
punish them the same way.

Now we can opt to do that, but it doesn't make sense to me.  That doesn't 
mean that others will agree with me.  I think the 18 year-old guy who has 
consensual sex with his 17 year-old girlfriend is not a sex offender, but 
the law does.  Should we treat him like the 50 year-old man who has sex with 
a 13 year-old?  Should the 17 year-old be labelled a rapist and have to 
register as one for the rest of his life?  How many on this listserve fit 
that category?

I don't think so.

I have done my best to stay out of this discussion, and to my regret I 
joined it.  Before leaving, let me suggest that people who work in the 
system, who have some judgement and experience in these matters, sometimes 
make plea bargains based on what they have observed in the past and on the 
particular facts of the case at hand, and on whether they think the 
particular individual will be able to benefit from treatment.

As a society we can choose to legislate away the application of judgement 
and discretion, as we have with drug offenses.  I will not be in the parade 
of people screaming for this outcome.

I shall now bow out, hopefully not to return.

Sunil


>From: Donovan Arnold <donovanjarnold2005 at yahoo.com>
>To: Sunil Ramalingam <sunilramalingam at hotmail.com>, vision2020 at moscow.com
>Subject: RE: [Vision2020] Fwd: Sex offender legislation
>Date: Sat, 10 Jun 2006 17:10:13 -0700 (PDT)
>
>
>"I do not share the concerns being expressed here about offenders in
>jail
>being released for treatment.  If these people were considered a threat
>to
>take off and re-offend while on treatment release, they would not be
>serving
>time after sentencing in the county jail.  They would be in prison.
>They
>would not be on probation, they would be serving out their sentences in
>prison."--Sunil Ramalingam
>
>
>I disagree with this statement Sunil. I think sex offenders are at
>high risk of offending, and it should be a concern.
>
>I believe that the only reason we have probation and plea
>bargaining is because of a lack of resources and evidence to
>convict and jail all the criminals. So we compromise by letting
>the least of the worst out on certain conditions.
>
>Regards,
>
>_DJA
>