Saturday, February 23, 2013

In today's insane world where all are guilty and must prove their innocent, this is all it takes to ruin your life!

1 comment :

Loneranger said...

Well I can see someone thinks a child might lie. The statement that is
made most often is the minor female will not lie when it comes to abuse. this is where it gets complicated. Everyone can lie when it comes to cases like this. from the police to the DA and then you add in child services and CASA and you have a recipe for a plea bargain just to save your life. Each have no first hand knowledge of the crime so they take what is said and then in most cases add their own twist. So in the end it grows and grows and the offender looks like public enemy number one. With no option but to except whatever is offered as long as it's something less then all the charges that never happened. Problem? Given a minor has no voice and had to be provided one by the courts as in a victims advocate everything is second hand information and sometimes third and fourth hand to produce whatever charges look appropriate to generate a plea bargain that is never in the offenders benefit.

In the end left up to the judge to wade through all the statements and try to see where there is any constancy in it to figure out what sentence would be appropriate. Frankly a tough job sometimes. Given there are mandatory sentences for many charges that equal life in prison the judge sometimes has little room in sentencing. A departure can only happen when his hands are not tied. So in many cases to avoid this the plea equals a crime that does not contain mandatory sentencing. Many times however if this went to court it may have had a very different out come. However with all the added statements from people with the ability to lie and twist and add to any statement made things get a bit out of hand. Given how easy it is for someone to just say something happened then the rumor mill of a system gets a hold of it anything can happen. Don't get me wrong as I feel justice should be served. However the key word here is justice. this is for the victim and the offender. To balance the scales. what ever the sentence is should make the scales balanced. Once completed and debt paid it should be over.

this is not the case. the debt can never be paid as long as more and more conditions are applied sometimes decades after the debt was deemed paid. Frankly the assumption that the victim lives with this for the rest of their life and no amount of punishment is enough makes for a very large problem when it comes to balancing the scales for the judges. If a person were to have been offended against in any other way then sexually a sentence is applied and served and balance is obtained. However this person may also never get over it but the sentence is to be their compensation and the mater is closed. When you add a element of sex somehow no one can have closure. given it is never ever closed. The registry that is for life and frankly does more then imprison someone drags this out for the offender and the victim. In many cases the victim is a member of the offenders family and frankly that is for life. When the offender suffers from not being able to go on with his or her life due to this the victim suffers as well by the many facettes the registry affects in the offenders life. lack of housing and employment for the offender the victim many times is subject to punishment by the system as well as the offender, due to the family not being able to go on with their lives. when the offender is a member of the family and will be for life this is how it works. How can this be justice? Where is the closure? Where is the balance? there is none.

We all don't need to hate to feel vindicated. So one has to wonder if the system is so flawed that it does more harm to everyone involved then need be and tosses out any real justice and balance that might be obtained. We have painted this with such a broad brush the harm done to all involved is enormous and yes the victim will live with this for the rest of their lives and the system will cause it's own damage to see they do. Does anyone else see a problem here?