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Forum: In the News

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

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Message 136857 (In Reply to Message 136855)
Florida Looking At A Challenge

Posted by Navigatr1 on Jul 03, 2004 01:55 PM | Also by Navigatr1

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

dp1 wrote:

It is the Judge not a Jury that determines predator status. It sort of sounds more complicated than it really is. While in Court upon conviction, the State simply files a notice if the Defendant meets the criteria of a pred. It's pretty much automatic.

Sounds like Florida could be looking at a possible challenge to its system of classifying predators since a judge and not a jury is making the determination. It could throw Florida's system in legal limbo should it be successfully challenged. Florida would have to send notices out to all those that they classified as predators that they have a legal right to challenge their predator status by jury in court. Could end up being costly for Florida. The Florida legislature better start rewriting thier statutes so that it is a jury who makes the predator classification.

dp1 wrote:

I hate the mere thought of the system getting bogged down with more red tape and processes, but maybe it shouldn't be automatic. Although, in Florida everyone is on the internet anyway, I wonder if the preds will really care one way or another. It should be interesting.

Remember that it was the system that created all this red tape in the first place. If Florida got rid of the registries, all the red tape would disappear. So what is happening in the courts is a direct consequence of the red tape already in place. You are correct that it should be interesting to watch. I hope that one of the Florida sex predators does challenge thier predator status by requesting that a jury should have made the determination, and not a judge. Maybe one of them will take it even further by asking the question of the courts that a jury should make the determination whether they appear on a registry. While Florida may require all felons to register, it may end up that a jury decides who ends up on the online registry. Either way it should be interesting to watch.

--Navigatr1
CopWatch.com News Moderator

See an abbreviation or acronym, but don't know what it stands for? Consult the Glossary.

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Message 136855
Nav

Posted by dp1 on Jul 03, 2004 11:40 AM | Also by dp1

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

<blockquote><span class="mb-quote">But is it a judge or a jury in Florida that determines whether a sex offender is a predator or not? I think the US Supreme court ruling will mean that a jury will have to make that determination and not left solely up to a judge.</span></blockquote>

It is the Judge not a Jury that determines predator status. It sort of sounds more complicated than it really is. While in Court upon conviction, the State simply files a notice if the Defendant meets the criteria of a pred. It's pretty much automatic. I never heard of a situation where a person was noticed and the Judge did not officially determine the status as a pred. It's not quite the process other states have. It's a piece of paper thrown in front of the Judge that he simply signs. There's no discussion or evaluation.

I hate the mere thought of the system getting bogged down with more red tape and processes, but maybe it shouldn't be automatic. Although, in Florida everyone is on the internet anyway, I wonder if the preds will really care one way or another. It should be interesting.

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

Message 136857 (In Reply to Message 136855)Florida Looking At A Challenge

Message 136855Nav

Thread

Forum: In the News

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

Message 136857 (In Reply to Message 136855)
Florida Looking At A Challenge

Message 136855
Nav