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Forum: Polls
Thread (Discussion): Poll 1032 - Should people convicted of making a false sex crime claim appear on a public registry? Switch to Flat View
Message 122694 (In Reply to Message 122653) Oh no, no. Can't have that.
Posted by marta
on Dec 04, 2003 04:09 PM | Also by marta
| Gender: Female,
Age Bracket: 30 - 39,
State: N/A,
Country: United States |
>>>
That's a tough one. No state is going to want to foot the bill for a second trial.
>>>
First of all, if falsely accusing someone of rape is a crime, it's not a second trial, it's a different one with a new defendant. A defendant who has every right to all of the due process protections afforded the person accused of rape.
The state will pay for what trials need to be had. If a crime has been committed, they are duty bound to pursue it vigorously.
>>>
Maybe it can be treated like the sentencing phase of capital cases? After an acquittal, have the same jury make a determination as to the truthfulness of the victim?
>>>
This will NEVER be the case. One can not be forced to serve as both witness and defendant in a trial for one's life or liberty. It has to be a separate trial. There is no way around it. You can not short-change someone's right to due process by doing it any other way.
>>>
But I did wonder about "such a severe consequence". Those of us on registries are constantly reminded that it is a simple administrative procedure, much like getting a permit to build a house. It isn't punitive and deprives us of no rights. So why would it be a "severe consequence" when applied to a person making false accusations? Especially if there are no criminal penalties to go along with it?
>>>
When I say any of the above things, I'll respond to this query. Until then, this line of questioning doesn't apply to me. I have never belittled the consequences of putting someone on a registry, and I refuse to answer for those who have.
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Message 122653
Posted by orolan
on Dec 03, 2003 11:22 PM | Also by orolan
| Gender: Male,
Age Bracket: 40 - 49,
State: N/A,
Country: United States |
Thread 121965, admin, Nov 19, 2003 08:36 PM [Introduction] 122001, Navigatr1, Nov 20, 2003 06:35 AM [False Accusations Need To Be Taken Seriously...] 122007, TGoodman, Nov 20, 2003 10:01 AM 156449, mawmaw, Jul 17, 2005 07:44 AM 122031, orolan, Nov 20, 2003 06:58 PM 122183, marta, Nov 23, 2003 12:04 AM [Trial v. Hearing] 122653, orolan, Dec 03, 2003 11:22 PM 122694, marta, Dec 04, 2003 04:09 PM [Oh no, no. Can't have that.] 122695, orolan, Dec 04, 2003 07:22 PM 122708, marta, Dec 05, 2003 05:02 AM [Hmmm] 122325, marta, Nov 25, 2003 05:06 PM [Vindictiveness has nothing to do with it] 151936, mysticfyre, May 18, 2005 05:48 PM [Absolutely] 122608, alambert, Dec 02, 2003 06:24 PM [yes they should] 142515, rebel51, Dec 18, 2004 12:38 PM 142539, orolan, Dec 19, 2004 02:49 AM 143488, oioi, Jan 08, 2005 05:23 PM [1032] 147933, monkey4u, Mar 24, 2005 04:31 AM
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