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Forum: In the News

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

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Message 136719 (In Reply to Message 136708)

Posted by dp1 on Jun 29, 2004 01:11 PM | Also by dp1

Gender: Female, Age Bracket: N/A, State: Florida, Country: United States

I agree Nav. This problem in New York appears to be way out of control. Now I know why Florida doesn't have all this. It seems so much more simplistic to have 2 levels and to base it on the crimes themselves. Why all the fuss with evaluations and court hearings? Is their system really all that?

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Message 136708

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

<blockquote><span class="mb-quote">
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. 
</span></blockquote>
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

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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Sex Offender Registries, Sex Offenders Search, News, Info and Discussion

Forum: In the NewsThread (Discussion): [Newsday.com] Sex offenders to face risk hearings

Message 136719 (In Reply to Message 136708)

Message 136708

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Forum: In the News

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