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Forum: In the News

Thread (Discussion): [Newsday.com] Sex offenders to face risk hearings


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Message 136708 (In Reply to Message 136706)


Posted by
Navigatr1 on Jun 29, 2004 05:01 AM | Also by Navigatr1
Gender: N/A, Age Bracket: N/A, State: N/A, Country: United States


Last week, state officials sent out letters notifying offenders they have an opportunity to appear in court to challenge the risk levels assigned to them.

I hope all the offenders take the state up on their offer, and challenge their risk level in court. It should be up to the court to decide what level of risk the sex offenders present. A recent US Supreme Court decision means that a jury and not a judge would have to decide what the risk level would be. The decision essentially said that a judge cannot rule on what facts are "exceptional", and that it would have to be decided by a jury. I think that this decision would also apply in a risk level determination. Screw what the scoring tools say. Let a jury decide.

The risk level determinations in court are going to cost the state of New York more money than they expect if all the sex offenders decide to challenge their risk level. It will also mean a delay in posting this information on the web until the risk level determinations are done. New York may have to assign special prosecutors for this task. New York did this to themselves by making Megan's Law retroactive. Hope they budget for it.

--Navigatr1
CopWatch.com News Moderator

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Message 136706
Introduction


Posted by admin on Jun 28, 2004 11:34 PM | Also by admin

Thread


136706, admin, Jun 28, 2004 11:34 PM [Introduction]
      136707, dp1, Jun 29, 2004 03:52 AM
            136825, Silverthorne, Jul 02, 2004 05:51 AM [DP1]
      136708, Navigatr1, Jun 29, 2004 05:01 AM
            136719, dp1, Jun 29, 2004 01:11 PM
                  136849, Navigatr1, Jul 03, 2004 05:22 AM [dp1]
                        136855, dp1, Jul 03, 2004 11:40 AM [Nav]
                              136857, Navigatr1, Jul 03, 2004 01:55 PM [Florida Looking At A Challenge]
                                    136899, dp1, Jul 04, 2004 01:31 PM [Nav]
                                          136905, Navigatr1, Jul 04, 2004 05:57 PM [dp1]
      136720, LostTime, Jun 29, 2004 01:15 PM [inflammatory]

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