Wednesday, August 24, 2011

MI - Judge Removes Man From Sex Offender Registry (Poll)

Original Article

He should have never been sent to prison in the first place.

08/24/2011

DETROIT -- An 18-year-old man was sent to prison in 2005 for having sex with his 14-year-old girlfriend.

[name withheld] was released from prison two weeks ago after spending six years behind bars.

He also was placed on Michigan's registered sex offenders list. However, after petitioning in court Wednesday, a judge agreed to remove [name withheld]'s name from the list.

The petition was first denied until [name withheld]'s ex-girlfriend testified that the relationship was consensual.

"I'm just relieved," [name withheld] said. "I look forward to my future now, and that was in question before. I think it will help a lot of other people in this scenario."

Earlier this year, Gov. Rick Snyder signed the sex offender registry bills to comply with federal law.

Under the measures, youthful offenders won't be listed for having consensual sex with partners who were between the ages of 13 and 16, provided the offender was not more than four years older than the victim.



The Child Pornography Crusade and its Net Widening Effect


Original Article

08/24/2011

Melissa Hamilton

University of South Carolina - School of Law

Cardozo Law Review, Vol. 33, No.1. 2012

Abstract:
The criminal justice system’s effort to combat child sexual exploitation has taken on a primary and aggressive focus toward prosecuting those who violate child pornography laws. The deontological policy labels all child pornography offenders, whether they are producers or merely viewers, as morally bankrupt and a threat to the nation’s children. Yet the basis for the policy bears fundamental flaws, and this article explores them. The article first summarizes legislative efforts to bolster child pornography laws and lengthen sentences for violators. It then provides a synthesis of criminal justice initiatives that are expending substantial resources targeted toward investigating, prosecuting, and punishing child pornography offenders. The policy and the initiative rely on a presumption that child pornography consumers are in reality undetected pedophiles and child molesters who are at high risk of sexually abusing children.

This article challenges the presumption by comprehensively analyzing certain of the most commonly cited studies that purport to empirically support correlations between child pornography, pedophilia, and child molestation. It also highlights other empirical evidence, as well as some practical considerations, that instead tend to show that most child pornography offenders are at low risk of committing contact sexual offenses. In sum, the concentration on child pornography crimes appears to be a misinformed policy that fails to directly protect real children from harm.


eAdvocate - Sex Offender Court Decisions

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MI - Former deputy (Dale Larry Tompkins) faces judge after prisoner performed oral sex on him, then escaped

Dale Larry Tompkins
Original Article

08/24/2011

By Mary Drier

CARO — After hearing testimony, Tuscola County District Judge Kim Glaspie determined there was enough evidence against former sheriff’s deputy Dale Larry Tompkins to move the case to circuit court.

The criminal charges against Tompkins, 41, of Caro, stem from July 2010 when he was transporting a 29-year-old female prisoner to jail and she escaped.

During Monday’s hearing, the victim explained when Tompkins took her into custody she offered him sexual favors “if he would let her go.”

According to her, Tompkins didn’t say much, but when he started taking “dirt roads” she was “surprised.” She said she was desperate and “would give him whatever he wanted.”

During the transport, she claims the deputy pulled into a gated field in a rural area that was “surrounded by trees.”

She said Tompkins took off her handcuffs and allowed her to smoke her cigarettes; and she performed oral sex in the front of the patrol car. After that, she said she was put in the back of the cruiser and they drove for awhile.

The victim said she was scared and told Tompkins to let her go after what happened, but he continued to drive for a while before he stopped again.

He (Tompkins) said I had to jump out the window,” the victim said, explaining that he put the car’s back window part way down so she crawled out and ran into the woods.

The alleged incidents happened between July 5-6, 2010. Tompkins was a 13-year veteran with the sheriff’s department before he resigned Aug. 11, 2010, after the Michigan State Police started investigating the allegations.

Tompkins is charged with: three counts of criminal sexual conduct (CSC) – second degree, which carries a 15-year maximum penalty; one count escape – officer allowing, which is a 15-year felony; and one count bribery – public officer for nonperformance of duty, which is a 15-year felony.

Tompkins was sent to take the female prisoner into custody after she was arrested in Genesee County for violating her parole on a charge of home invasion – second degree. Tompkins was supposed to transport her to the Tuscola County jail.

The prisoner transfer between the two police departments was made near M-15 and Willard Road, Millington. Although the female was picked up at the county line, she escaped near Chambers Road and M-46, outside of Caro.

Such an offer (sexual) is not unusual,” said Tuscola County Prosecutor Mark Reene. “The problem is he acted on the request.”

In addition, Tompkins is also charged with: five counts weapons – felony firearms, which carries a two-year sentence; one count escape – permit by delaying arrest, which has a maximum one-year sentence; and one count public officer willful neglect of duty, which is a one-year sentence.

Tompkins’ Attorney Greg Bringard argued the gun charges should be dismissed because he was carrying the weapon in the line of duty as a road patrol deputy.

Reene objected, saying the actions he engaged in were not that of a deputy on duty. Glaspie agreed with Reene so the weapon charges will stand.

Tompkins was bound over to Tuscola County Circuit Court on all 12 charges. That hearing will be 8:30 a.m., Monday. A $30,000 personal recognizance bond was continued.