A Warning to Arizona Sex Offenders Arizona sexting has become a major problem lately and the state is cracking down on offenders. I thus, must issue a warning to all parents and youth. If you via mobile phone or any other means: record, film, photograph, develop or duplicate, distribute, transport, exhibit, receive, sell, purchase, electronically transmit, possess, or exchange any visual depiction in which a minor is involved in exploitative exhibition or other sexual conduct, you may be charged with sexual exploitation of a minor (the child porn statute) which carries a presumption prison term of 17 years! Probation is
Archive for 2009
There are numerous registered sex offenders in Maricopa County who committed an offense during their teenage years and were charged as adults and have been stamped with the mark of sex offender even though by all known measures are a low risk to ever re-offend. These young people have not re-offended, have passed rigorous lie detector tests over the years, and have gone through thorough psycho-sexual evaluations to determine their risk to the community. Unfortunately, a vast majority of these people do not realize that not only can their lifetime probation be terminated, the court may also delete their requirement to
“This case shows, once again, police use of a Taser in what appears to have been a non-life threatening situation,” said Angela Wright, US researcher at Amnesty International. “There have to be ways of restraining an unarmed teenager other than using electro-shock weapons. “Taser guns are not the safe weapons they are portrayed to be. A full investigation into their safety needs to be carried out before more people suffer the consequences of their misuse.” How many more will die before stricter guidelines are put into place to protect the public from excessive force?
The nine year old St. John’s boy accused of shooting his father and his father’s friend entered a guilty plea today to negligent homicide. The unknown details of the case will likely come out during the disposition or sentencing phase of the juvenile proceeding. This result could be seen as a win/win for the boy and society. There was a strong possibility that this young boy would be found incompetent to stand trial and in that case he would not be under mandatory treatment by the state/county. It also appears that the plea includes keeping this young boy out of juvenile
Recently an Arizona rancher was found liable for assault and emotional distress but not for civil rights violations in a lawsuit brought by a group of illegal immigrants. Story here. Interestingly the group, or their attorney, believes 42 U.S.C. section 1983 liability extends to a private rancher and protection extends to illegal immigrants. They may have attempted a “tie in” due to the Rancher’s lease arrangement with the federal government regarding federal lands. Generally, private parties are not subject to section 1983 liability. For more on civil rights click here.
Society perceives that officers who break the law are given a pass due to their positions as law enforcement officers. Some argue that even when criminal charges must be brought against an officer, the system stretches to give the least painful punishment available. However, these perceptions might not be accurate. In some cases, officers are held to a higher level of culpability due to their positions of trust in society and therefore are given much harsher sentences. Recently an officer made the terrible decision to drink and drive. Fortunately, the vehicle struck and inanimate object and no one was injured. Story here. This
A 12 year old boy was recently adjudicated and found delinquent of 1st Degree/premeditated Murder. Story Here. How can a 12 year old boy formulate the mental intent to kill under the law? We don’t let 12 year old juveniles operate vehicles or enter into enforceable contracts. Further, when dealing with sexual crimes, a juvenile is considered a victim and unable to consent to sexual activity. Yet, in this case that same juvenile who is unable to do the aforementioned activities, somehow can formulate the mens rea to commit a crime. The focus of juvenile court is to rehabilitate the juvenile, not to punish him/her even though punishment may
Protesters turned violent and emotional over Police shooting of an unarmed man. Although, the anger surrounding this situation is understood, a violent protest with over a dozen new arrests and new potential crimes is not a solution to the problem. In additional to the excessive force and wrongful death claims, this new story has introduced hate crime as racial slurs were heard during the detention and eventual fatal shooting of this man. Story Here.
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