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Thread (Discussion): [The Arizona Republic] Ruling limits reviews in sex offender cases

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Message 141533
Introduction


Posted by admin on Nov 24, 2004 06:55 PM | Also by admin
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Discuss the article Ruling limits reviews in sex offender cases, which appeared on The Arizona Republic on November 23, 2004.

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Message 141955 (In Reply to Message 141533)
Link To Opinion


Posted by Navigatr1 on Dec 06, 2004 06:26 AM | Also by Navigatr1
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In Re Willputte S., 1 CA-MH-04-0007 SP
http://www.cofad1.state.az.us/opinionfiles/MH/MH040007.pdf

Does A.R.S. section 36-3702(B)(9)(a) authorize obtaining a second opinion to support the filing of an SVP petition?

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Message 141970 (In Reply to Message 141955)


Posted by orolan on Dec 06, 2004 06:45 PM | Also by orolan
Gender: Male, Age Bracket: N/A, State: N/A, Country: United States
Does A.R.S. section 36-3702(B)(9)(a) authorize obtaining a second opinion to support the filing of an SVP petition?

Subject to interpretation. The statute says "a report", not "some reports". Then again, it doesn't say "all reports". Since the state has two, and the law says one, I guess they get to decide which one? Apparently the judge interprets the statute to mean the state gets "a report", and is stuck with it whether they like it or not.
How about if they get three reports? The state picks a person, the defendant picks a person, and they both agree on a third person. The law requires "reasonable doubt". With a unanimous consensus or a 2 out of 3 consensus one way or the other, the jury can easily decide beyond reasonable doubt.

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Thread


141533, admin, Nov 24, 2004 06:55 PM [Introduction]
      141955, Navigatr1, Dec 06, 2004 06:26 AM [Link To Opinion]
            141970, orolan, Dec 06, 2004 06:45 PM
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