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Georgia Supreme Court considers proportionality in sex offender case

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Georgia Supreme Court considers proportionality in sex offender case
Topic: Miscellaneous 10:37 am EDT, Jul  1, 2008

From Decius:

More evidence that sex offender hysteria motivates corrupt legislators to produce policy that is fucking stupid.

The facts are pretty darned sad. Barely more than a child himself at 19, Bradshaw was charged with statutory rape for having sex with a 15-year-old girl. Fine. That’s punishable. I’d prefer it had been kept out of the criminal justice system (see here for more) but its punishable. He gets 5 years.

After he gets out he gives an invalid address. For that, too, he pleads guilty and is sentenced to time served. When released he moves in with his sister but can’t live there because Georgia’s draconian sex offender law won’t let him live within 1,000 feet of a recreation center!

He moves in with an aunt but can’t stay there because the home is within 1,000 feet of the First Baptist Church! Growing desperate, he finds a family friend but this time inadvertently transposes the street address!

Now the cops move in. Bradshaw is arrested because he hadn’t moved into the friend’s single-wide trailer within the legally required 72 hours — and lied and said he did! His mandatory sentence for this infraction is life in prison.

A Georgia lawyer in this thread says that many of these people end up being homeless because they cannot find a place to live that complies with the law, and then they end up getting arrested for being homeless.

Fortunately we have elected representatives who are capable of forming logical thoughts:

Sen. President pro tem Eric Johnson (R-Savannah) said the law is clear.

"I wish it hadn't happened, but there are consequences for people's actions," said Johnson, a chief sponsor of the offender law. "What would have happened if he had given the wrong address and had lived in a place and was harming a child next door? The law is trying to protect children. Justice has to be blind to motive."

1. Eric Johnson recommended these particular consequences. He has to defend why they are appropriate, and not refer to them as if they are beyond his control!
2. This person is not a pedophile.
3. This is not an attempt to protect children. Strict statutory rape laws are designed to attack teenagers for having sex out of wedlock. In this case coupled with a hysteria driven over broad sex offender registration rule intended as marketing fodder for political campaigns.
4. No, justice does not have to be blind to motive! There is a difference between malice murder and involuntary manslaughter. If you don't understand that you shouldn't be writing laws.

Georgia Supreme Court considers proportionality in sex offender case



 
 
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