From the Florida State Senate in 2005, I am posting what those senators started to work with in creating Jessica’s Law.
Jessica Lunsford Act; creates Jessica Lunsford Act; revises sexual
predator criteria; requires twice yearly reregistration by sexual
predators; provides criminal offenses for failing to reregister, failing
to respond to address verification, failing to report or providing false
information about sexual predator, & harboring or concealing sexual
predator; requires electronic monitoring for certain offenders placed on
conditional release supervision. If you want to read more about the debate yourself, the link is: http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2005&billnum=1877 Jessica’s laws have been adopted in most states in the U.S.
I’m embarrassed and angry to say that Utah, Wyoming and Montana are four states that have done NOTHING to progress a bill similar to this for children in each of these states. I refer you to a national website maintained by Bill O’Reilly, who has proven to be a leader in protecting children from those who would violate them. His link is: www.BillOreilly.Com and if you want, you may type “Jessica’s Law” in the search area of his site. I’m hopeful this link will take you directly where you need to be: http://www.billoreilly.com/outragefunnels . You should be able to see a map of the U.S. with purple, yellow and lavender colors on various states. Those states in yellow haven’t passed any laws or even attempted legislation to protect children in their state. Guess what color Idaho is. All one has to do is click on Idaho and read the pre-written e-mail, fill in the appropriate information, agree to and click the e-mail, it is on its way to Gov. Risch.
I not only invite you to join me in letting our governors of the states we live in know how we feel, but I’m begging you to join me. What does it say about us, as adults, if we don’t let our lawmakers know we demand tougher laws be passed to protect our children? Ironically, as I started to write this and was listening to part of O’Reilly’s 10/25/06 show, he read a letter from a woman in Carmen, ID complaining how the law makers in Boise wouldn’t respond to her correspondence about Jessica’s law. That is when I knew I had to finish this and put it out for others to join me and the frustrated woman in Carmen trying to get Gov. Risch’s attention. Apparently, Gov. Risch isn’t very interested in Jessica’s law, to say the least. Maybe the eastern side of ID needs to let him know that our voices count too! Can Idaho Falls or Bonneville County or eastern ID have the leaders and leadership to address this issue with others throughout the state? I’d like to invite the candidates running for state senators and state representatives to comment here, regarding their position on Idaho’s version of Jessica’s law and how each arrived at his/her individual positions on this issue. I would be proud to vote for someone who will take this project on and confront Gov. Risch of why he won’t address it currently.
Bill O’Reilly is a registered Independent and has tried to NOT make Jessica’s law a political issue. I don’t see why it should be: don’t we all want to protect our children? I think some may be a bit confused that O’Reilly isn’t a traditional news show; he is an analyst who invites guests to present information and ultimately comments about the issues in the news and the news makers.
I realize some readers may object to what I believe is an easy, excellent link to send a message to Boise, via O’Reilly’s website. That is fine with me – find others and post them in subsequent posts. Find as many as you can from as many sources as you can. Regardless of where you get your source, or whether you write a letter, please let Gov. Risch know how you feel about Idaho not presently having a Jessica’s law and that residents want one. After all, Idaho now has the “honor” of housing Joseph Duncan, admitted killer of Shasta Groene’s brothers and mother, in the big house. If Shasta lived in Idaho Falls, would you want to protect her and other vulnerable youth?
Thank you in advance for joining me in sending a message to our lawmakers. I want a safer place for children and I believe all the people I’ve chatted with on this site also want a safer Idaho for their children and grandchildren. Let’s get started making sure Gov. Risch knows how we feel. And if you have relatives in adjacent “Yellow” states, please feel free to e-mail them the link and encourage them to start sending messages to their governors.
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{ 216 comments… read them below or add one }
First, regardless of his political registration, I wouldn’t take BO’s word for anything…
Nor would I agree with his characterization that Idaho is “headed in the wrong direction”. It’s true that there’s no law in Idaho with the name “Jessica” attached to it, but there were several laws enacted this past year which address many of the elements in the Florida law:
- Idaho’s registration requirements for sexual predators are twice as frequent as Florida’s (3 months vs 6). Idaho also requires monthly verification by mail between registrations.
- Idaho increased the mandatory minimum sentence for sexual abuse from 5 to 15 years, with mandatory life for a second offense. That’s less than the minimum 25 in FL, but it’s hardly BO’s “slap on the wrist”.
- Failure to register is already a felony in Idaho.
- A bill was introduced last session to provide for electronic monitoring of parolees, but it died in committee, probably because other provisions of the bill were addressed in different legislation which may have conflicted. I’d expect that issue to be reintroduced this coming session, and I would likely support it.
It is good to know your views on real questions, Mr. McGimpsey. Thanks for taking the time in your busy morning to answer.
I didn’t ask for your opinion of O’Reilly, and I asked for anyone to add additional web sites to be added by others from any source they wished so as many people as possible could have access to sending a message to Gov. Risch.
While I’ve read the information you’ve written, I’m willing to bet my 24 hour days are equally or more packed than yours. I would appreciate the courtesy of you referencing your remarks of what has and happened in ID with the URLs or other references.
I guess you haven’t seen or decided how to answer my other question posted for you on another subject several days ago. So let me reiterate one thing and pose the core question again: I appreciate that you are very busy with your campaign, but I honestly believe most people are very busy with their daiy lives.
Given the many commitments you already have, how will you make time to accomplish what you would like to do in Boise?
And back to the subject I presented here, I think if you’ll re-read what I asked for those running for office, I said, ” I’d like to invite the candidates running for state senators and state representatives to comment here, regarding their position on Idaho’s version of Jessica’s law.” Personally, I think it should be named after Shasta Groene. I never said it would be the identical to the law enacted in FL.
I am curious, however, what would make you “likely to support a bill” in the next session instead of knowing you would or woudn’t back it.
Thanks for responding. I hope all the candidates do.
I didn’t ask for your opinion of O’Reilly,
True, but I gave it since BO is so often slipshod in his research and reasoning. Using him as a source to say that Idaho has “done NOTHING” (he doesn’t say that, by the way, though he implies worse by saying that Idaho is “heading in the wrong direction”) is just not credible.
and I asked for anyone to add additional web sites to be added by others from any source they wished so as many people as possible could have access to sending a message to Gov. Risch.
Sorry, I misinterpreted. It sounded to me like “I realize some readers may object to what I believe is an easy, excellent link to send a message to Boise…That is fine with me – find others and post them in subsequent posts.” was asking for other ways to email the Governor. That way works fine!
I would appreciate the courtesy of you referencing your remarks of what has and happened in ID with the URLs or other references.
Of course – all bills are archived at the Legislature’s web site, including their status. There’s a topical index for each session.
You can find what’s been enacted in Idaho Code via the Idaho Statutes search page.
I guess you haven’t seen or decided how to answer my other question posted for you on another subject several days ago.
No, I don’t remember seeing your other question, but then I don’t read every topic or comment on this site – do you have a reference or URL to the other subject you are referring to?
Given the many commitments you already have, how will you make time to accomplish what you would like to do in Boise?
Hmm…I’m at a loss here. Which commitments are you referring to? I can certainly put my business on hold for the session, and rearrange my schedule for out of session duties, as every other working legislator does.
I think if you’ll re-read what I asked for those running for office, I said, †I’d like to invite the candidates running for state senators and state representatives to comment here, regarding their position on Idaho’s version of Jessica’s law.†Personally, I think it should be named after Shasta Groene. I never said it would be the identical to the law enacted in FL.
I personally don’t care for laws to be named after individuals, but that’s not a big deal to me.
It’s impossible to comment on my “position on Idaho’s version of Jessica’s law”, since it doesn’t exist, as such. I pointed out that the major elements of Florida’s Jessica’s Law have already been enacted in Idaho, with the exception of electronic monitoring.
I guess that my position would be that there’s simply no need for an omnibus law to reenact what’s already in Code.
I am curious, however, what would make you “likely to support a bill†in the next session instead of knowing you would or woudn’t back it.
Very simply, I would never commit to supporting a bill that hasn’t been written yet. There are many, many bills written, and even introduced, that wrap good ideas in bad language. I also won’t commit to supporting a bill without verifying the fiscal impact. It doesn’t do any good to pass a law that doesn’t have the tax dollars appropriated to implement it.
Jeez, chill MCGIMPPSEY! You talk about how much you have “learned” from people visiting door-to-door. What did you learn from Ok4Now? Or, was your goal just to lash out because someone presented data and a source you don’t like?
I frankly don’t care. You’ve shown how you handle stress situations, which is probably the greatest service Ok4Now could have done for any of us.
Okeydokey, got some harsh tones going on here.
Obviously Ok4Now really felt the passion for the good this law can do. I gotta say I like the argumment much better with out Bill O’reilly being involved also.
Ok4Now in trying to really advocate for it kinda made it seem our leaders are cool to this idea (and possibly even against it), and John pointed out a few things that Idaho has actually done. I think Ok4Now felt slighted by John slighted and responded with a harsh tone, and John responded defensively (but I don’t think overharshly).
Scorecard all totalled up? 8^)
When I look at O’reilly’s site and map, I’m really put off that he labels Idaho, Utah, Wyoming, and Montana as ‘going in the wrong direction’ on the issue of sexual predators. Like John said, it may not be as far as O’reilly would like but it’s not like Idaho is passing laws to make it easier for sex offenders.
In fact last year they had all that testimony and got rid of the statute of limitations on reporting past child sexual abuses, didn’t they?
And that’s why I and many others discount anything from O’reilly’s mouth, even if he’s trying to do a good thing like with this, because he takes one or two statistics on a complicated issue, puts his blinders on to the rest of the issues (like the many other things we’ve done), and labels us as ‘going in the wrong direction’.
Personally I’d go more extreme and advocate physical about 12 body parts being surgically removed so they have nothing to try to molest with again.
Any law needs to also first pass constitutional muster, and I commend John for being in favor of the idea without painting himself into a corner without seeing the specifics. Kathy Stanger just admitted she made that type of mistake with the eminent domain proposal.
So to further this discussion on the topic, what have the states that have passed this law experienced? Have their convictions gone up or down, are registered sexual predators leaving the state, are appeals downgrading the sentences as overly harsh?
I’d like to see some information on how these early adopter states are working with this law.
Joe,
I encourage you to share your views with Bill O’Reilly. He admits when he is wrong. You are articulate, e-mail him and see what he says. YOu raise many good points – ask him what the response has been. He has a large staff who can gather information quickly.
And I have edited all my other comments as I don’t think it is in the best interest of this site to leave them at this time.
Guest 1382:
Thanks for the feedback. Many times I’ve found that words I’ve written didn’t come across as I intended, and this is obviously one of them.
I certainly didn’t feel either stressed or defensive when I wrote either of the above posts. I was attempting to be plainly factual (except for my opinion of Bill O’Reilly, which is based on seeing and hearing his numerous and unapologetic misrepresentations on a wide variety of issues, including this one), and to answer OK4Now’s questions as straightforwardly as i could.
I’m sorry that what I wrote offended you, and I apologize.
I use my real name on-line at my peril, obviously, but I appreciate the opportunity to comment.
I must be totally messed up — but as I read the entire thread above I thought that OK4Now got a little “hot under the collar” — and John handled it very well… I agree with OK about BO — actually I love the guy. and to be honest I don’t have a clue who john is, but he makes some great points, and I thought added some good information that added nicely to OK4Now’s nice post. who cares about the URL’s and adding a few points or opinions not “asked for?” This is all conversation… and if you need a URL that bad — learn how to google a word… takes 3 seconds now days to find anything that you need on the web…. whats the big deal?
It was also my impression that OK4Now was being overly antagonistic in this exchange. Although it’s harder to see now that the comments have been edited. As soon as Mr. McGimpsey said that he wouldn’t take BO’s word for anything, feathers got ruffled.
IMO when you start using Bill O’Reilly as a source of information, you set yourself up for confrontation. Although many disagree, it’s obvious to me that Fox News is not really “news” and Bill O’Reilly will twist the facts or ignore other facts to portray the spin that he desires. But people seem to like listening to commentary they already agree with. Doesn’t challenge the mind much that way, does it?
It appears that Mr. McGimpsey got a little defensive himself, but I can’t really blame him. In Ok4Now’s first response to Mr. McGimpsey there were too many insults and sarcastic comments to count. I thought that John did a good job of addressing the comments point-by-point, but sometimes it’s hard to exchange ideas with someone whose mind is already made up.
And no, I don’t know nor have I ever met John McGimpsey, I don’t even know for sure who I’ll vote for. I was just looking at this thread and noticed the new comments, especially the remarks of Guest 1382. I would like to think that adults can disagree without being so rude. Is that the kind of manners you learn from watching Fox News? I thought so.
FeelinLucky, I agree with everything you said in the previous comment.
Nothing in my posts were edited, except the very last one. I probably made an error stating I erased most of that post, because I didn’t want to see this discussion go a direction that wasn’t the most beneficial for the site. Live and learn.
Apparently, from your comments, FeelinLucky and outfoxed, IF I understand you correctly, then you have a free license to comment about what I’ve written, but never do I see you asking me for any clarification or any questions about the words I’ve written. How come?
I don’t know that any of you were online as the bold, solid cap letters were being written in response to what I originally wrote. Obviously, that version wasn’t there by the time others saw it, or even an hour later.
I’m not sure what you hope to accomplish, either outfoxed or FeelinLucky, with your posts, except to let me know you think I was “sarcastic and insulting.” (outfoxed’s words, not FeelingLucky, just to be clear).
I wonder how much you’ve missed in other comments Mr. McGimpsey has made earlier either in the chatbox, on his web site or other discussions in which Mr. McGimpsey has offered his views solicited or not. I don’t remember either of you responding when he told us how busy he was and why he couldn’t check this site, when I asked about his campaign, as he was needed elsewhere, among other statements. Were you online, did you read the discussion? Really, what do you know that is factual vs. how you perceived comments?
Have you read Mr. McGimpsey’s information on his web site about how every person he has encountered has taught him something and what is was? How come that same approach wasn’t applied here?
Unless you’ve seen previous posts and comments in the chatbox, how can you, outfoxed and FeelinLucky, even assume you know what I referenced in my “sarcasm and insults?” (to be clear, those were outfoxed’s words, not mine nor FeelingLucky’s).
Perhaps your views are similar to those of many refs in the NBA. Take that statement however you would like to take it, if you like to read things once and formulate your opinions without further information or clarification. Of course, if either of you had the desire to truly improve communication instead of arriving at your own conclusions, you would ask me questions to clarify my meaning before formulating your opinion. But, I’m not too confident that would happen.
Until one ASKS questions of someone else, who wrote an article, a post or a line in the chatbox here, there is no communication, only opinions and comments about others. And without knowing the entire story and what I intended with my remarks, I don’t find your responses very helpful.
I apologize, FeelinLucky and outfoxed, that I didn’t ask you the most important question in my last post. How do your comments pertain to child protection and how long sex offenders should be sentenced to prison?
Mostly likely you both have thoughts about this subject; however, I can’t be sure. So because I’m not certain, I am asking each of you to please clarify your remarks and how they advance the discussion of Jessica’s Law in ID, a neighboring state, the results of states who have enforced tougher laws or other subjects pertaining to Jessica’s law.
OK — you just need a hot bath and a glass of wine. Relax.
FeelinLucky, Maybe in another format or in person I could make other comments about your suggetion above of how to relax. Maybe that works for you and if it does, great.
But, it’s my understandng that Joe wants to keep this “G rated” so I have to just walk away from any other responses I might say, as I don’t think they are approprate for this page.
However, in reading both your comments, and those by outfoxed again, I realized something I couldn’t quite put into words yesterday. I’d invite you to re-read what oufoxed wrote.
He/she states all he/she doesn’t like what I’ve written and why he/she doesn’t think Fox News is news. Then his/her very last statement says,
“FeelinLucky, I agree with everything you said in the previous comment.”
It struck me as kind of odd that you have stated you like O’Reilly, then after trashing Fox News, outfoxed says he/she agress wth everything you said in previous comment. Does that mean outfoxed, by ommission, is saying he/she likes O’Reilly too?
Because I want to adhere to Joe’s request (Post #5) to concentrate on what has been accomplished in child protection, identifying what I will call “deadbeat judges” who don’t appear to undersand how damaging sexual abuse is to children, and thus the correct sentencing of perpetrators, I want to say it has always been my impression from some of your posts on other subjects, that you joined me in wanting to protect innocent children. But, because I don’t want to assume anything incorrectly, am I right or is it a subject you have considered much?
I’d better not write anything else untl you answer, because if you haven’t worked with or addressed this issue in your work or volunteer activities, then I don’t want to write more about what I had assumed (which wasn’t wise on my part) would be a common goal for you and me: Child Protection.
One thing I’m speculating anyone who has really watched O’Reilly (and so many assume he is straight news, which he isn’t – he never says that as he highlights the issues he wants). But, I hope you got to see what happened in VT. with Judge Cashman – the one who was sentencing the repeat offender (the one who raped the little six year girl repeatedly) to three months in prison and Community Service, and the other judges O’Reilly is following.
FeelinLucky, I don’t think many have the courage like you and me, to write on this page, that we like what O’Reilly goes after. I know there are others who comment here, who listen to O’Reilly and other commentators. But, unlike me, they won’t participate in a discussion given the exact reason of what happend in this thread. All the pot shots from those who comment on the person writing the theme and the source, not the theme of the thread.
I personally find that fear of participation very sad. Others will write multiple comments about Kimball Mason and other local subjects with some concern of their job security or their own safety. However, many commentators will not write or ask questions about child protection from sexual offenders, based on a national discussion and national information. I know asked why I couldn’t Google a URL earlier as it is easy.  Yes it is; however, I was trying to invite others to bring their sources of information to this thread. I give Mr. McGimpsey total credit for posting the URLs. I guess this isn’t a subject most want to comment about compared to Mason, or whether Larry Craig is gay or not, and other subjects where a person can write his/her opinion without others focusing on them vs. the issue. Some of us do care about child protection.
Some of us do care about child protection.
I can’t agree with you more, Ok4Now, and I commend your passion for child protection.
FWIW, my interest in child protection led to me volunteering as a CASA, and is why I’ve been sensitive to the changes in the law that the Legislature’s made in recent years. I’d recommend the CASA program for anyone with an interest, as long as one realizes that it can take a lot of one’s time (fortunately, my current case is ending very soon).
I wouldn’t assume that the lack of comments indicates a lack of interest as much as a lack of knowledge of how big a problem it is, even here in Idaho Falls, and therefore there’s not a lot of perceived controversy.
BTW – I emailed BO and asked him to recharacterize Idaho on his map.
OK4now — I believe that you are just seriously nitpicking each and every word looking for an arguement where one does not exist. All of us on here love the idea of protecting children — and none disagree on the need to make our laws as tough as possible on this terrible crime. To prove my point I will use one line of yours and show you what I mean — You said:
He/she states all he/she doesn’t like what I’ve written and why he/she doesn’t think Fox News is news. Then his/her very last statement says,
“FeelinLucky, I agree with everything you said in the previous comment.â€
***********************
I said that I really like BO. I didn’t say that Outfoxed liked BO. By Outfox agreeing with everything I said — is he not agreeing that I like BO? No where did he indicate that he liked BO from his comment agreeing with me that I did.
So why you would try to pull some point out of that is beyond me. The fact is — the laws covering protection issues for women and children have changed considerably over the last 10 years or so. The laws are getting much tougher, as they should. The real truth is that when you look at laws governing child protection issues, they are tough! And John pointed out that fact in one of his posts above. The only real difference is that we here in Idaho haven’t named any of those laws after a person — which I personally believe is rediculous to do. When someone runs a stop sign — should they be cited for a “Harvey’s Law” violation, because good Ol’ Harvey was the first guy to run a stop sign in Boston back in 1903? To name the law after a person is quite an honor I would guess — for the families of that particular victim — but it really makes no sense to me. Its the law that counts — and what it will or will not do to protect people from becomming a victim. I am all for tough laws against crimes affecting children. I was able to investigate cases and send several of these animals to prison in my nearly 20 years as a Police Officer. I would venture to say that I have done at least as much as you in an effort to make a difference.
The entire post just hit me as odd because you started out with a great post — about an important topic. Then when John added to that nice post — you began to get so upset at John, who really never even disagreed with you in the first place. Especially on any point that mattered. Then out of the blue comes Guest1382 with the now infamous quote: Jeez, chill MCGIMPPSEY!
I didn’t see where John went overboard at all – so I made my comments in defense of his writings.
You made several very pointed comments that are argumentative in nature:
I didn’t ask for your opinion of O’Reilly,
Who cares what you asked or did not ask for? This is a discussion board where people write their opinions, and some of their opinions may branch out into other areas that are still relevant to the topic.
Its funny — right after you BLASTED John for sharing his opinion about BO — that was not asked for — you wrote THIS to Joe V:
I encourage you to share your views with Bill O’Reilly.
Just because a person starts a post about a certain topic doesn’t mean they are “Queen for the day” and can expect to hear only what they have asked for — from only those they ask.
The points I am making are simple and only two:
1. We all agree that these laws need to be tougher — and we all agree that slowly we are heading in the right direction. Also, we all agree that more needs to be done.
2. I believe that for some reason you have a personal problem with John — and you seemed to hit him pretty hard for doing really nothing at all. All I did was recommend a hot bath and a glass of wine — for it was obvious you had a difficult week — it was Friday and it just seemed like you might need one of each. I made the same recommendation to several of my other friends that same day — and even took my own advice — shortly after writing the suggestion to you.
Thanks for the info, FeelinLucky.
I think it is great that John and I, as well as at least one other person have e-mailed O’Reilly. Hopefully, we will draw enough attention that information will get updated and/or exchanged. If O’Reilly is wrong, and looking at what ID has as the most recent info it appears an update may be necessary on his part, then good for all who participated.
I, for one, appreciate your service to protecting those who need protected. So let me thank you, per chance I forget to do so later. AS a former director of a major treatment program for offenders and victims, I appreciate deeply the dedication of law enforcement personnel who pursue these cases. AP and P personnel, are another group of people I think that work hard to do the right thing, but only get attention when things go wrong.
While I might be wrong, I think many in eastern ID are more willing to admit now, after the PR ran the Scouts Honor series, the scope of the problem.
I appreciate your opinion, FeelinLucky. However, I don’t have a personal problem with John. He is wise and on top of many issues. I wish more candidates (regardless of party) would log on here and answer real questions. I’m greatly disappointed that most won’t.
BTW – just like I mentioned to Joe, why don’t you send O’Reilly an e-mail too? It would be great both for accuracy and to draw more attention to the local problem. Wow -what if O’Reilly looked into the local BSA situation and the Stead brothers, and other alleged cases, while at camp.
Thanks again for your work. It’s very easy to get so burned out in child protection (or DV issues) it is easier to look away or work on something else.
Thats a great idea. I will email O’Reilly in the morning.
FeelingLucky – Thanks. Please encourage anyone else you can to e-mail him too.
I really wish O’Reilly would take on the Grand Targhee Council and the mutliple issues. But, for now, I’ll settle for the just looking at ID laws.
Interestingly enough, some people have contacted me privately to let me know that they too will be
e-mailing to O’Reilly.
Thanks!
John- I appreciated your response above and had hoped to post a comment right after it. However, FeelinLucky did so before me and that is fine.
I appreciate your references, your community service, your thoughts about people not really understanding how wide-spread sexual abuse is and you writing to O’Reilly too. I think it would be great if we could unite (not
Ought oh – I apologize. It’s my wrist cast helping me type and mostly submitting before I’m ready.
Anyway, what I was trying to say, is I think it would be wonderful to get many to unite, not just you and me, in writing O’Reilly. I would like the record set straight for ID. And, I have to admit, I’d like to see some of his resources/staff used to look at our local BSA staffing “issues,” shall I say?
I appreciate you adding the links that you did. I hoped others would add some too. As you probably know from another thread, I’m totally disappointed that no other person running for office will come to this site and answer real questions from real people. I admire that you have. I just don’t get why people who want to represent others don’t want feedback. And while door-to-door is not my thing (probably because of my schedule mostly), having a place to post and then look later for an answer is great.
I know this belongs under your thread, and I’ll do my best to get another post written there. It seems that you and I share a lot of the same concerns.
I liked your suggestion to Joe about potentially alternating child care duties on City Counci nights. While it may not work, it was stil a suggestion of how to become involved instead of a “no answer.” I especially appreciated your suggestion about e-mailing the City Council. Regardless of my schedule, that is absolutely something I can do, even out-of-state.
FeelinLucky suggested I might have a peronal problem with you. I don’t. I have a problem with people who don’t ask questions and assume they know specific details which I doubt they do. However, I’ve seen a lot of evidence of you asking questions (your website was interesting to me, and if anything I guess I wondered if your experiences here would enter there as lessons learned on your webpage). It seemed like regardless of whether those you talked with supported you or not, the encounters were polite (mostly) and the hosts felt free to share their views. Not everyone running for any office can say that so many potential voters felt they could share their views!
Beyond asking questions of those you would represent and here, you have gone the extra step of trying to clarify further information. I appreciate your efforts. I really hope O’Reilly will review his data and update it. I know in something I read lately that Gov. Risch was approached by O’Reilly’s people and essentially told Risch wasn’t interested. So hopefully all of us who have e-mailed or sent communication to O’Reilly’s staff in any manner, are sending a different message than what Risch allegedly said.
I wish you the best of luck in your campaign, as well as good health as this has to be stressful. And I sincerely hope that the candidates that win, don’t forget eastern ID residents in their votes.
A caller on todays neal larson show said bill oreilly took butch otter to task on last monday’s show, calling otter villainous for not pushing jessica’s law.
Neal Larson fan,
Sorry I didn’t hear the broadcast. Any tougher laws about sex offenders are good, in my book. Glad O’Reilly focused on ID. Maybe those e-mails we sent about 5-6 months ago actually got saved and reviewed?
One reason I wish Idaho would adopt the term of “Jessica’s Law, ” besides the obvious intent, is because people relocating from other states, could easily see if Idaho has gone to extra measures to protect children.
“Jessica’s Law”
is becoming a stronger national term. For many, I think it’s easier to research if ID has a “Jessica’s Law” than looking for specific legislation.
Thanks for the update.
Time magazine this week has an article on trying to get the death penalty for child molesters:
http://www.time.com/time/nation/article/0,8599,1616890,00.html
I’m all for this idea or at least tougher penalties for child molesters, but the article points out how these efforts can actually backfire on convictions.
They point out that these cases are often not airtight, and juries and judges are not comfortable sentencing someone to 25 years in prison when there is reasonable doubt that the crime did take place.
Argh! Maybe the solution will be found in somehow being better able to prove molestations took place. If doubt can be removed of a crime, the stronger punishments should logically follow.
I’d rather see a molester get 25 years prison than 4 years, but I’d much rather see a molester get 4 years prison than nothing.
Some states are changing their definitions of rape and other sexual crimes. I’m not positive of this, and maybe CR67 could add clarification here, given hie experience.
It’s my understanding that FL (I believe) is one of the states that is not prosecuting “sexual acitivity” between partners who were both between the ages of 16-22. I may have the ages wrong, but I’m confident of 16 being the younger age.
I think there is some merit in reviewing the couples who have dated and have an age discrepancy less than 6 yrs. However, that being said, sexual abuse can occur with spouses or with partners who are the same age.
Perhaps what our legislature needs, IF THEY EVER WORK TO PROTECT CHILDREN AND FRAGILE POPULATIONS, is to better define what is consensual and can a 16 yr. old truly give “informed consent” at age 16 in Idaho.
How do you think we can change the laws to focus on true sex offenders vs. high school sweat hearts who have a few years between them?
Very interesting article. It does point out correctly that taking away prosecutorial flexibility will increase the dockets and force the prosecutors to take these cases to trail whereas they might have plea bargained before. This would also put the children in a position of being forced to testify to assist in obtaining a conviction. The last thing we want to do is traumatize the victim(s) more.
Perhaps what could help assist in both of these matters is some changes to law in allowing taped and/or closed circuit proceedings so victims would not have to see their attacker and/or allowing for a judge, prosecutor and defense counsel to question the witness in chambers.
Additionally, perhaps allowing prosecutors the flexibility to offer a 15 vs. a 25 yr. mandatory sentence would give them some way of not only gauging the strength of their case and what/when to offer a better deal….but it would still impose a mandatory minimum to avoid the problem(s) that bring the need for this law in the first place, namely, too much discretion from judges and prosecutors, and unequal sentencing for heinous crimes against children.
As for the death penalty application, I think this is a good step. However, we will inevitably have to spend more money on making sure this system, just like in capital cases,has qualified attorneys and adequate resources. If we wish to put a child molester or anybody to death, we need to be very certain 101%. This means creating state capital case units of prosecutors and defense attorneys that handle nothing but these types of cases. Take these cases away from the local prosecutors and apply the law fairly across the board from the State, if you molest a child in Dubois (Clark county) or Boise (Ada county)…the resources are the same for both sides. Obviously if you kill somebody or molest someone in Clark County you won’t get the same justice (prosecution or defense) that you would in Ada County. Allow for adequate scientific testing to prove guilt or innocence. I for one am willing to pay more now rather than have some guy sit 27 years in prison for a crime he did not commit (due to revived DNA testing).
This shift in public policy will require a renewal of our resolve to see to it that more money is placed into the criminal justice system. I just hope it is not into the current system where we throw money at a problem and hope it goes away. If this is all that we do, I think that we rightly provide the courts with a reason to strike down the statutes as being unconstitutional. We have to be able to convince the men in robes that we are serious about the problem and serious about the processes that we utilize. The infrastructure and procedures will need to adapt to preserve the rights of the accused and allow the community to protect itself. I wish that more of the commentators pushing this legislation would talk about these kinds of hurdles and suggest solutions. It seems rather irresponsible to act out like a mob mentality and not get the legislation right the first time.
Looks like Joe is burning the midnight oil too, in a redesign or realign the site effort. It’s always fun to see what emerges after reorganization time.
I remain optomistic Idaho will eventually get this bill. As John pointed out many posts ago, there are laws on Idaho’s books about child sexual abuse; however, I support the name “Jessica’s Bill” as it is a national name that potential offenders recognize as well.
O’Reilly, updated where in the U.S. states still hadn’t moved on Jessica’s bill. HOPE: Gov. Huntsman in UT is close to signing a bill (maybe he can help influence Gov. Otter).
Unfortunately, Gov. Otter will NOT sign legislation for Jessica’s bill, per O’Reilly. O’Reilly’s staff has learned the IDAHO LEGISLATURE supports the bill.
SO WHAT IS THE PROBLEM GOV. OTTER?
You have kids and grandkids, doesn’t this mean anything to you? Or, do you want to be the hold out to be the last Gov. to sign this into law so you have gain national attention?
You wife, an educator, should be quite aware of the problem. Doesn’t she understand the rest of Idaho residents aren’t that far behind? Or is it you, Gov. Otter, who doesn’t recognize what Idaho residents and the legislature approves?
Is there some reason the trial of Joseph Edward Duncan can’t go forward if new legislation is signed into law now? I don’t think this is the case as I thought the State’s case had been plea bargained and what was awaiting was the Federal Case, but I might be wrong.
I encourage all to e-mail, write or otherwise get in touch with Gov. Otter’s office. It’s embarrassing and unrepresentative of what most people in Idaho want, to now have a Jessica’s Law in Idaho.
It won’t hurt to reach local representatives as well. While they are apparently on board to pass this bill, it never hurts to remind them that they haven’t. Maybe some very influential law makers, such as Bart Davis and others, need to have a “long visit” with Gov. Otter and encourage him, in whatever ways they must utilize, to get him on board.
After all, Gov. Otter, not only are Idaho residents (who vote you in or out next tern), but others nationally are watching the decisions you make. Please don’t embarrass and anger us with your choice!
Pass Jessica’s law Gov. Otter. It is long overdue!
Had other former Idaho Govs been more proactive with this issue, perhaps the Groene family wouldn’t have had their lives as shattered as they did from a criminal who admitted he has killed other children in other states.
I sent Otter an e-mail about this issue. I got a letter back stating that Idaho already has some of the toughest sex offender laws in the country. Translation=not gonna change a thing.
Otter fails to realize that you can have tough laws all you want, but when you don’t have judges with the hutzpah to impose serious time, i.e. Brent Moss in Madison County, Richard St. Clair in Bonneville County (who is retiring 8/31 thank goodness), and others then it means nothing. These judges are letting molesters…not stat offenders…molesters of 5-6 yr. old kids out on probation.
I will say it again…like I told Otter….we have manadatory minimums for drug offenders….why not for sex offenders. I for one would be more than willing to trade one for the other and lock a molester up before I lock up a manufacturer!
Once again, Otter is out to lunch.
Mike,
Thanks for your efforts! If the laws are so tough, what would it hurt to add the nationally recognized “Jessica’s law” to this alleged tough group of laws.
I fear you are right Otter equals no change. I don’t care the political affiliation of anyone who takes this issue on, as long as they hold the Gov. accountable.
Judges may “grow” backbone if the Gov. had one.
Do you think the legislature has the guts to override a bill Otter would veto? Someone in Idaho has got to get this on the “agenda” as a major problem.
Any thoughts about writing the first lady instead of the Gov? I really want to see this change and there just has to be a way to make it happen.
I think Rep. Dean Mortimer is interested in hearing more about the idea.
I have gotten no response from Rep. McGeachin. (as usual) What does she do all the time. She is really unresponsive….another topic….
I don’t know about Bart Davis.
I think we need to bombard them with e-mails about the subject.
Could someone explain the differences we would have between Idaho’s current sex offender environment and if Idaho passed this Jessica’s Law?
Current law has no mandatory minimum provisions for sexual offenses, even if repeated. Jessica’s Law imposes mandatory minimums for select offenses. The penalties increase if one is a repeat offender from Idaho or another state. This basically takes the judges out of the equation in certain instances and forces them to impose a mandatory minimum determinate time for the offense.
Some states like Oklahoma and North Carolina recently enacted provisions that if you rape a child under 12 and it is a repeat offense, you are eligible for the death penalty.
I’ve always supported stronger penalties for these criminals, but then I heard something a few months back to cast doubt on mandatory minimums.
Some prosecutors say it is actually more difficult to get testimony and convictions with super-strong mandatory minimums like life in prison and death penalty.
They say kids are even less willing to testify against the family member or family friend if they know they will help send them to prison forever or to the chamber.
They say judges and juries are less likely to convict for the same reasons.
The concern is that it is better to get ten years than nothing at all.
Does anyone know if the states who have enacted these tougher penalties have experienced this phenomenon?
Yes, I’m aware that many here don’t exactly enjoy Bill O’Reilly. But, in the new guidelines we (the users) recommended and helped to impliment, we agreed to show respect for each other’s viewpoints.
O’Reilly has taken on Jessica’s Law as a major cause for himself. He wants children protected from potential perps. This is personal to him, he has two young kids. His view is all children should be protected from those who sexually abuse children.
Are there any users, on this site, who don’t share that goal?
O’Reilly made an interesting statement, on 7/18 (more info to e-mail those people who are SUPPOSE to represent us in Boise) and the Gov. I also recommend e-mailg the Gov’s wife as well, given her background as an educator of elementary age children.
O’Reilly updated us that now in the 50 U.S. states, only 8 don’t have a Jessica’s law. Unfortunately, Idaho and Wyoming are 2 of those 8 states, or 25% of those states who won’t use a mandatory minimum sentences and a recognizable name throughout the U.S.
Do you really think perpetrators DON’T KNOW where those 8 states are? Why should we in eastern ID have our own state and our bordering state, where much of our recreation occurs, be in the ever-decreasing minority on this issue?
A new point O’Reilly made was about Idaho and Wyoming also being states that don’t have laws protecting animals, such as dogs in dog fights.
Apparently, in some some areas in the U.S. where these fights occur and spectators pay to see animals destroy one another, the finale is killing the dog deemed the weakest.
Personally, I wanted to vomit when I heard this and still do reading back through what I just wrote. What about you?
O’Reilly said, “I guess Idaho and Wyoming don’t care either about protecting their children or their animals, as no laws are in place to prevent these disgusting events.”
If you like to watch dogs fight and be destroyed, and I’ve offended you, I can’t apologize for what I’ve written. I respect your right to have a different opinion than mine.
Does Gov. Otter have pets? Maybe trying to get him to think about this on a personal level about his grandkids (if he has any) and his pets, it would seem more real to him.
I disagree with O’Reilly that the citizens aren’t ready for the law. But, until the legislature demands it (and that goes back to us demanding it from them) and the legislature has the potential to override a veto by Gov. Otter, Idaho is vying to be in last place.
Wow – what an honor to be know for our lack of protection of the most vulnerable. What an awful message to send to the rest of the Civilized World about Idaho and residents of Idaho!
Joe, I’ve not seen data to back up that chldren are reluctant to testify now under Jessica’s Law. Would you please post the links?
There is plenty of data to suggest kids don’t want to testify with the perp in the same room, which is why video cameras are allowed.
Besides, why is the City of Idaho Falls working to build ONE CENTER where abused children can see all the local officials they need to see, and not have repeated interviews with many from law enforcement/CPS and others? Maybe it’s Bonneville County who is building the center. Regardless, it’s time for it and a great idea.
These centers work exceptionally well in other states. I anticipate the same for the one being built in Idaho Falls.
So who is ready for another round of e-mails and including the information about lack of protection for animals being killed as a part of it?
Is there anything Gov. Otter values that could be used as an anology? If we already have laws on the books, fine. But, as I’ve have said before, those who sexual abuse children don’t necessarily look at state laws before abusing.
Jessica’s Law is a name that some are running from right now to states that won’t adopt it.
What does it hurt to add another law about child sexual abuse and what happens to those who violate children?
If it’s not that important, why is there a link on Idaho Fallz.Com so you can check what sex offenders live in your neighborhood? And don’t be surprised if the numbers increase as more states pass, Jessica’s Law.
I wonder where O’Reilly stands re- his own sexual harassment issues in terms of sexual aggression and perpetration. I’d be first in line to support him were he first in line to register.
Hey anonymous…this thread is about Jessica’s Law…not beating up O’Reilly. Are you so hellbent to nail O’Reilly that you missed what we have been talking about here…..you must not have kids or have a friend that was raped!
You are entitled to your opinions…however, if you want to attack O’Reilly write an article and give us some more information rather that a sentence that makes a serious allegation and demeans the seriousness of the topic at hand.
I have to admit I haven’t seen research or reports that about kids being reluctant to testify in sex abuse cases, and if or how mandatory minimums affect that. I’ve just heard anecdotally about it, but yeah real research or professional opinions should be examined.
“O’Reilly said, “I guess Idaho and Wyoming don’t care either about protecting their children or their animals, as no laws are in place to prevent these disgusting events.””
See this is why Bill O’Reilly is not a great source. He says here we have ‘no laws in place to prevent [child sexual abuse]‘
Really, we have no laws against it? Just because we do not have his favorite law means we have no laws on the topic?
Forgotten so quickly have we O’Reilly settling out-of-court re- the allegations of sexual harassment by a former employee? Wouldn’t take much to look that up, I would assume, were one truly interested…….
I don’t much care about Bill’s personal past, but I am increasingly frustrated that he would say Idahoans must not care about our kids because we have no laws in place to prevent sex abuse.
Really? No laws whatsoever to prevent sex abuse? Such a blatantly wrong generalization should illustrate his journalistic integrity.
That’s Faux News for you.
Amazing that you guys are so darn fixated on O’Reilly. Goto his link right here and look at what he has to say about Jessica’s Law (you can quote em!):
http://billoreilly.com/outragefunnels
Now, I know that OK4Now quoted O’Reilly and that T’d you guys off….I have no way of knowing if that quote is correct or not.
However, the larger picture is that Idaho is one of only 8 states that has not enacted some form of Jessica’s Law….does this mean all the citizens of Idaho are not ready…of course not. You guys are smarter than that and yet you persist in trying to nail the messenger…for what purpose? Is O’Reilly making you look like an idiot? No. But he is making Otter out to be an idiot….and if that spurs people in this state to act and demand legislation then good for him…and even better for you and your kids too.
Joe, it seems to me that you love Michael Moore. You keep telling everyone that they should see the movie and be open about it. I noted that you have even said that while Moore might not be the best messenger that we should listen to the points he is trying to make….why not give O’Reilly the same treatment you ask for Moore? And why fall prey to anonymous bait and switch attacking O’Reilly when the issue is Jessica’s Law. Are you really petty enough to feel so offended that the great citizens of Idaho aren’t ready for Jessica’s Law? Perhaps maybe we should be putting the focus not on O’Reilly but on why Governor Otter or a handful of legislators are too stubborn to support this law. The “citizens” of Idaho have chosen mandatory minimums for drug dealers and not for sex offenders. I would rather focus on why this is the case than worry about what O’Reilly says about the State of Idaho. What do you think? What really is more important. Also, if it really important to you then let’s get the transcript of what O’Reilly said and put it all into context. Or would that be a faux paus?
I am in a love triangle with Michael Moore and Bill O’Reilly. There is a little bit of arguing involved. 8^)
You have a good point, and I will try to watch for my automatic prejudgments. I am reading through the stuff.
OK, I read over Bill’s materials again. I remember first reading over them last October when this article first published.
I’m reading through for the meat of the changes. I must point out it is a challenge to find the meat, because most of Bill’s published materials are tough talk sound bites and leaps of logic.
However I find a little of the meat in Bill’s letter to Idaho governor Butch Otter:
The law establishes a minimum 25-year sentence for anyone convicted of molesting a young child. It also requires that paroled sex offenders wear a GPS positioning unit so police can keep track of them at all times. Research shows that criminals who prey on young children tend to repeat their crimes many times.
Then I found the real meat in the link to the Florida legislature’s website.
So I read this and think, this all sounds great, what’s the problem, why don’t we do this?
So I re-read the discussion in this article from first comment down, and recall John pointed out that Idaho already does almost everything in the Jessica’s Law!
He pointed out that Idaho Law may actually be twice as strong as the Jessica’s law in regards to re-registration time periods.
The reason this well-intended and campaign for Jessica’s Law is being resisted is probably because Bill chose the highly adversarial method of accusing Idaho of “slapping their wrists”, being “soft” on pedophiles, and “headed in the wrong direction”.
So perhaps someone should tell Bill that he can be his own worst enemy?
I think most of us could support lifetime electronic / GPS monitoring of convicted pedophiles in the next Idaho legislative session.
The only other distinction between Idaho’s laws and Jessica’s law is that Idaho requires 5 years minimum vs. 25 years minimum.
Could most of us support that?
Joe,
I was a bit surprised by your comments in the chat box, and even here. To model tolerance, well O’Reilly doesn’t have to be your favorite person, but he does have a good cause.
If it is your child, would you want a mandatory 5 year sentence or a mandatory 25 years sentence?
Joe, I sincerely thank you for digging through the O’Reilly stuff to get that exact wording.
GPS and 20 extra years of a mandatory sentence sure seem different to me, than what Idaho currently has on the books.
Yes, John told us early on Idaho had a law. Is it as tough as Jessica’s Law? If you child is sexually abused, how long do you want that perpetrator behind bars?
Thanks Mike for your attempts to bring civility to this discussion.
Someone has got to take on Otter. He won’t budge. Not the first time in his career either.
Would O’Reilly seem more credible to you, who write what you do, if he was still at ABC, the Oregonion, one of the Boston Papers or several other media outlets where he worked? Probably not, even in this post we see, “Faux” News.
Fox News wouldn’t be successful if there wasn’t an audience who is sick of the other stations (MSNBC in particular). Fox News independent stations are very well respected in many cities. It appears there is no need to push for a 4th Channel locally and all the benefits it would bring.
Anonymous, Post #38. Please document when Bill O’Reilly was accused of and perhaps even convicted for sexuallly abusing a child. If you can’t do that, your comments don’t belong in this thread.
And for some who were kicking O’Reilly and Fox News today in the Chat box, read Joe’s article. Things were taken out of context.
O’Reilly NEVER said Idaho citizens didn’t care. If that is what I wrote, then I apologize for my typo. He is specific it’s Otter and the legislature.
The issue was raised because of Michael Vick’s stupid behavior with the animal fights and which states have no laws protecting animals. It appears it’s ok to talk for weeks about Rex Rammell here, but heaven forbid, O’Reilly mentioning ID not having passed Jessica’s laws appears to need silenced immediately.
Having lived in many other states, like many of you have as well, I know some of the details people look at and for when thinking of relocating.
Maybe the state can put a link on Idaho home page saying we don’t have Jessica’s law as we have this other law already in place that requires a mandatory 5 years in prison. It’s 20 years less than what other states are adopting as their standard.
In the O’Reilly remakrs, Idaho and WY were NOT the main topics. But, I’m sure most of you who were chatting and bashing in the chat box earlier today know exactly what was said and in what context.
Otherwise, how tolerant are you being? How respectful?
If I made typos, I would appreciate the courtesy of those people asking me if I wrote the wrong word, or made a typo? I’ll gladly own my mistakes.
So, if you are thinking Idaho can survive with the law that John referenced above, why bother looking for sex offenders in YOUR neighborhoods or near your kids schools. After all to quote what Joe wrote in Post #42, “So I re-read the discussion in this article from first comment down, and recall John pointed out that Idaho already does almost everything in the Jessica’s Law!
“He (John) pointed out that Idaho Law may actually be twice as strong as the Jessica’s law in regards to re-registration time periods.”
May be doesn’t prove that an existing law is twice as strong as Jessica’s law.
Also, I guess I missed the part about the extra 20 years in prison, mandatory, and the part about GPS monitoring.
I’m not a lawmaker, but to me, those seem like BIG differences. However, maybe one has to work with kids who have been raped etc. to better understand why the naunces actually matter.
I tried to edit again, and surprise, I was kicked off one more time.
has anyone else had problems editing their comment? i haven’t so i wasn’t aware there was a problem
I was kicked off 6 tinmes. I gave up.
Be careful, Okay4NOW. Your posts might start to get deleted. You questioned if Joe Vandal was tolerant and respectful of ALL who posted opinions. That might be dangerous on this site to quote a non-liberal source.
Then again, maybe the so called “Comment Rules” aren’t followed anymore or don’t pertain to all. Guest 2468 was a great example on 7/19/2007 of how some lately have treated others here here.
In the chatbox a new person looking for something he couldn’t find, and in asking for help, the new guest was told by Guest 2468 to “open your eyes,” along with other instructions of how to find the information desired.
Would it appear that Guest 2468 is abiding by the community rules for this forum?
Now, if you could just cut and edit like Michael Moore allegedly does with his films, you could express your concerns and beliefs and repeatedly tell many different people that needed to see his film before posting. Apparently regardless of their years of medical, nursing, pharmacy, PT/OT/Speech Therapy or Mental Health practice, or other professional or personal exposure to the healthcare system, those viewpoints aren’t valid until those people hear and see Moore’s.
Interestingly, comments of why others have to see Moore’s film before engaging in the healthcare discussion here, have been not only tolerated, but considered acceptable on this site.
Is there a way to work Michael Moore into the Jessica’s Law discussion? I wonder what Michael Moore thinks should happen to sex offenders? Maybe some would be far more respectful of the seriousness of the issue if Michael Moore’s name could be attached to it.
Maybe those posters who told others to see the Moore’s movie first before engaging in dialogue, if they found themselves suddenly as parents of a kid who had just been molested or raped, wouldn’t find O’Reilly’s views so outrageous. He may actually appear well informed and educated on the issue.
Having first worked as an educator in the public school system, being a reporter for both CBS and ABC, and writing for newspapers in Boston, Denver, Dallas and Portland, OR, O’Reilly has a Master’s Degree in Public Administration from Harvard and a Masters Degree in Broadcast Journalism from Boston College.
He’s only won two Emmy’s and other numerous other awards for his work. Yet, the climate here appears to encourage others to ignore and belittle O’Reilly (he doesn’t really know anything, right). But, bow and honor Michael Moore – he’s from Hollywood.
If O’Reilly were working for NBC or back at CBS or ABC (even as not just a reporter, but an anchor for one tv station along his career), he probably would be accepted by more as a “real” news authority.
Please verify the information about O’Reilly per the Wikipedia page about him to make sure my facts are correct. Otherwise, citing all the sources will only make my post longer.
O’Reilly’s Fox News/Westwood One contracts have never been just to report news, but to add his own editorial view. That is where many struggle to understand his program isn’t like the other pre-molded ones. He’s suppose to be smart enough to break down the complex news issues, but he shouldn’t comment on them, dispite that being the format of his broadcasts.
It seems logical to me that someone writing for a Boston newspaper when the Catholic Priests were being accussed of sexually abusing boys decades before in Boston, might KNOW a bit about child sexual abuse and those who molested them.
For the Idaho Fallz.Com Comment Rules, the second and third Comment Rules found before someone can write a post it say
2) Do not personally attack, name-call, put-down, or bait other guests, races, genders, or religions.
3) Express opinions, facts, logic, and reasoning; just don’t argue for argument’s sake.
I don’t see how all posts in this column follow these rules. Does that mean only if the host agrees with you, then the rules must be followed?
John McGimpsey, Post #1, on Oct. 26, 2006 wrote this about Idaho’s laws pertaining to sex offenders.
“- Idaho’s registration requirements for sexual predators are twice as frequent as Florida’s (3 months vs 6). Idaho also requires monthly verification by mail between registrations.
- Idaho increased the mandatory minimum sentence for sexual abuse from 5 to 15 years, with mandatory life for a second offense. That’s less than the minimum 25 in FL, but it’s hardly BO’s “slap on the wrist”.
John, I respectfully disagree. If your child is the SECOND victim of an Idaho sex offender who has already been imprisoned for sexually abusing another child earlier, would you feel the ID laws of 5-15 years for a first time offense are adequate?
If my child is sexually abused by an ex-con, who previously was in the ID prison system for molesting a child, what should I do besides becoming a political activist to vote all politicians out of their offices because THEY and Gov. Clem Otter let this law remain?
Maybe I should I sue the state of Idaho for not keeping a convicted sex offender locked up from 10-20 years more on a first offense compared to what 42 other states have already adopted? Lawsuits don’t do anything to help either of the child victims this perpetrator has been caught abusing, let alone the dozens of others not reported.
Maybe several parents whose children were the “Second Victims” filing a mass lawsuit against the state of Idaho and Gov. Butch Otter would get Butch’s attention. I wouldn’t bet on it. However, I wouldn’t bet on it.
Butch likes to be a stand alone kind of guy. So what if hundreds of second victims exist because he wouldn’t adopt Jessica’s law. How does that hurt him?
The way I see it, if someone is sentenced to 5-15 years in prison and then molests again in the next year after release, that second molestation was totally preventable. If the convict had been in prison 25 years, a lot of changes occur.
Remember, those who molest and are finally caught abusing a child average having over a 100 victims, before they are caught. Maybe, if the guy I’m talking about is caught at age 30 some victims have already been silenced. If this 30 year old per were sent to prison and released in 5 years, how much will his life really have changed in 5 years (meaning how athletic, places he frequents, friends and neighbors who live nearby who have he knows with kids etc.).?
Now that same 30 year old, caught in say a neighborhood in Montana, Washington, Oregon, California, Nevada or Utah, and convicted for his molesting of my kid or yours, would be behind prison bars for 25 years.
Do 55 year old men hang out where 30-35 year old men do? Sometimes. From those you know, are there physical differences between a 55 year old man and a 35 year old man? Could aging, work and potentially injuries/illnesses possibly have changed the body condition of the 55 year old? You decide.
That isn’t to say a 55 year old doesn’t stand a chance to molest again, as he does. But, having already spent 25 years in prison, realistically, won’t this person be spending the rest of his time behind bars with his next conviction? If someone were in prison for 25 years on the first offense, hopefully he would get treatment and learn skills to overcome the pediophillic urges he gets. A 55 year old man, might try to use those coping skills and avoid the urges to abuse again, as he can probably remember his 25 years in prison much more vividly than the 35 year old who spent 5 years there. Will the 55 year old see something besides prison for the rest of his life? Probably not.
If you need to look at this using numbers, a 30 year old man sentenced to 5 years in prison, by the time he’s released at age 35 has spent 14% of his life in prison. Probably missed some important events in his family.
A 30 year old who is released from prison at age 55, might have already lost his family. He would have spent 45% of his life in prison to date.
Do you think time away from family, selection of your own food, working in jobs that you like, living where you want etc. matters to ex-cons? Ask one, if you’re not sure.
Would it nor be logical that someone who has already spent 45% of his life (and with normal life expectancy) will have about another 20-25 years alive. So maybe something that ex-con thinks of before abusing another kid, is whether he’ll die in prison or ever be able to go to a restaurant of his choice again, or see his grandkids etc.
Does a 35 year old, who only spent 5 years in prison, appear to have as much to lose on his second offense?
Some may say we can’t afford the cost of mandatory first imprisonments for 25 years. I say you are correct – prison is expensive. It’s also expensive to have be a victim of a molester and not all costs are in dollars. For those who say it is too expensive, are you ignorant to the facts or just resitant to knowing and comprehending the real costs to the victim and family members?
Maybe someone can remind me of the Steeds financial picture, let alone what the Steed boys didn’t participate in during their teen years and why Adam, at least, dropped out of high school. I’d like to refresh my memory of this case.
As for what Idaho’s registration requiring sex offenders to register twice as frequently as those in FL, could someone tell me more about people like Dennis Empey and those who don’t bother to register? People who molest children tend to ignore many laws.
What factors would make anyone honestly believe a pedophile looking for his second victim would regard a law enough to register, as they are suppose to do? And in Idaho, that means twice more than in FL. Disrespect and disobendience of the laws requiring registerationg, aren’t exacty at the top of the list for sex offender looking for his second victim, as he can’t control his urges to abuse again.
But, maybe after 25 years in prison, there would be more respect for all laws?
Molestation of a child is illegal. If someone doesn’t fear imprisonment enough that he goes ahead and sexually abuses another child (doesn’t follow the law), I think it’s laughable to believe that person will register more frequently in Idaho compared to FL, just because the law requires it.
Please note I am not laughing at the person who clarified Idaho vs. Florida’s laws. I’m laughing at the ignorance of the legislature and the Gov. to actually believe people will register twice as often in Idaho as sex offenders, as they are suppose to do.
Dennis Empey and others have already proven that fact how important registration and following that law is for some in eastern ID.
I appreciate John’s factual information of the law. My post isn’t intended to attack John as a person. He is as entitled to his opinion as anyone else is to theirs.
I think Ok4NOW raised an interesting question asking how those who support Michael Moore, as well as others, and those who posted those comments and views on Idaho Fallz.Com are to be tolerated, respected and accepted as one poster’s opinion, on this site. But, to mention Bill O’Reilly (or BO as John mentions in the first post), that probably is would be almost a “felony” and should carry a longer sentence than the possible 5 year minimum a molester can receive, in Idaho, for sexually abusing a child.
Ok4NOW also points out the host’s use of “Faux” News instead of Fox News. Nice double standard of showing no respect not only to the person who took time to write the post, but also a successful business with distinguished commentators and journalists.
Yah, I know, I’ll probably be banned now too. At least I got to point out the hypocritical statements and behavior of some, until my post is removed too.
Think about the different standards on this site, as they most certainly exist. And Mr. Vandal has asked readers how anyone could view this site as liberal.
I don’t know Joe. It’s your site, your rules. You tell us if the site distributes the same amount of tolerance and respect for all posts (and sources of information).
One thing is crystal clear, those who keep trying to make progress on Jessica’s Law receive little to no support here. I cheer you all on and suggest you might want to post your thoughts on other sites where people will listen to the real facts, instead of like Mike said, “attack the messenger.”
After all, watching a child be raped isn’t as entertaining to see in a movie as Michael Moore. And having to read about it upsets many people – easier to avoid it.
There is so much wrong in the previous post, I wouldn’t know where to start to dissect it. It’s either an impressive trolling attempt, or someone we should likely fear.
Sheesh….
Joe,
just an FYI….I’ve had problems editing comments the past week.
As for the topic, I’m all for the 25 year minimum sentence and a GPS IMPLANT in their body somewhere. These predators need to be stopped and the sooner we do something about it the better!
I just watched the lastest Dateline “To catch a predator” series the other evening and it’s absolutely amazing how many older guys are trying to meet these underage girls to have sex. AND 9 out of 10 of these guys have seen the series in the past and it STILL doesn’t stop them from trying. So yeah…5 years is not enough deterrent, because these animals will continue to reoffend until we put some laws on the books that will do more than just a slap on the wrist. (imo….5 years is a slap on the wrist)
I say along with the 25 years and GPS….castration and/or sterilization as well.
Yeah, I’ve actually heard from some others on the edit comments function. I’ll try updating it or swapping it out for a live comment preview script this weekend.
I don’t know where to start with that comment either.
I guess I didn’t make myself clear. I was saying the two differences between ID and FL sex offender laws could probably easily be made up. We can probably easily change it, and I doubt there would be resistance.
What I was saying is that it was unfair for O’Reilly to paint Idaho has haboring sex offenders, when some of our laws exceed Florida’s. If he is such a respected journalist, why did he stoop to such low brow bullying techniques.
I’ll add, even though you’ll roll your eyes at it, watch “OutFOXed” and you’ll understand why many people hold Bill O’Reilly in low regard.
So as I understand it, the issue is really if Idaho will increase minimum mandatory minimum penalty from 5 to 25 years, and if we will require lifetime GPS monitoring.
They seem like great improvements, any reasons not to?
Is there a published stat on sex offenders per capita in Idaho and Florida?
Sex offenses per capita?
Sex offender recidivism per capita?
Joe,
John McGimpsey was out to lunch about the minimum mandatory 5 year sentence in Idaho. IT DOES NOT EXIST. I find this strange seeing that he tried running for the legislature that he was that misinformed. Idaho has absolutely no mandatory minimum sentences for sexual offenders.
Idaho has lifetime penalties for Lewd Conduct, 15 years for Sexual Abuse of a Minor. Injury to Child is 10 years. These penalties are AT THE DISCRETION OF THE JUDGE.
What I have been saying on this site is that judges, even in East Idaho, are giving molesters of children under 12 probation!!!!! This happens all the time. Judge Brent Moss, Richard St. Clair, Jon Shindurling and even Gregory Anderson have ALL done so! This is why Idaho is perceived as slapping these jerks on the wrist…i.e., Brad Stowell getting only 150 days jail time. Ronald Hamburg..kidnaps a girl out of a Rexburg Park, takes her to the restroom, molests her, gets caught…does only 120 days in Cottonwood and 5 years probation….shall I go on?
Google Idaho Statutes under Title 18 for sex offenses. You can look up the penalties and see how wide open Idaho is on this issue. WE ARE NOT LIKE FLORIDA or many other states that are taking this serious!
Interesting Mike. Thanks for the update. I’ll try looking for that information too.
When you wrote, “I’ll add, even though you’ll roll your eyes at it, watch “OutFOXed” and you’ll understand why many people hold Bill O’Reilly in low regard,” why did you write it? What does it add to how molesters are sentenced in this state?
Good comments, CR67. I like your logic.
Anonymous #48 – I guess you can spend your weekend proving all that was wrong with my earlier post. Doesn’t look like all agree with you, but be my guest.
Please reference your facts.
I wrote that in the hopes you would watch the documentary and understand why so many people disregard most of what Bill O’Reilly has to say.
In fact, here it is, free for you to watch, it’s 78 minutes.
http://video.google.com/videoplay?docid=6737097743434902428
One reason I reference it is the lack of criticism FOX has launched against it. You would imagine FOX would launch a full PR attack on it, but the only points they have disputed are trivial (such as when someone worked there, not if).
Someone told me I didn’t make myself clear earlier.
I admit Mike got me with the logic about Bill vs. Michael Moore. I admit I have had my own bias. I looked over Bill’s proposal again, and I can agree at least in principle it sounds well intentioned.
However, nobody has been able to address the questions of how effective these more stringent laws are?
What are the conviction rates for child molesters in those states with Jessica’s Law? What were the rates before vs. after the law?
I and everyone here wants tougher penalties on child molesters, so please do not mischaracterize our intentions.
What we are concerned about are juries and judges not convicting someone because they do not think the perpetrator did something so bad as to deserve 25 years minimum.
That’s why I would like to see how the conviction rate changed after all these states passed this mandatory 25 year minimum.
It’s better to lock them up for 25 years, but it’s also better to lock them up for 5 years rather than them getting off scott-free and without any public monitoring (GPS or website maps).
So what’s the conviction rates? That’s all!
I think we discussed this earlier but many prosecutors will tell you that mandatory minimums make their jobs tougher….defendants do not take plea agreements to goto prison for 25 years…they take it to trial…what do they have to lose?
Alot of prosecutors like the ability to offer plea agreements to avoid trial…and the system is set up to work this way. Mandatory minimums would require an additional infusion of monies to the counties in Idaho to hire more prosecutorial staff. I think one way around this is to grade the system by age….molest anyone under 12 and look at 15, 12-17 look at 10 years. We can also have enhancements for repeat offenders that tack on an additional 10 years. Prosecutors can choose to file the enhancement, much like they do in current law for persistent violators (on the third felony for enumerated crimes, the offender is subjected to a lifetime imprisonment). This gives prosecutors a good tool to get pleas and keep things moving and still put these jerks away for a substantial period.
Additionally, lifetime probation for these offenders is the way to go as well. I mentioned earlier about Ronald Hamburg. He received a 5 yr. probationary sentence….I mean this guy molested a 5 year old girl that he kidnapped in the Rexburg Park. That is way out of line. Hamburg is now off probation and only has to register.
I also wanted to point out another falsehood John pointed out about registration: Idaho has Violent Sexual Predators (VSP) and others that are classified lower risk. VSP’s have to register every 90 days. They also have to have their picture publicized in the paper when they move. The other registrants do not.
Joe, I think it is too early to see the conviction rates or any trending as a result of Jessica’s Law. This is in large part because the majority of these states haven’t had these laws on the books very long. While raw data may be available, there are a number of controls that have to be looked at if there are to be any effective studies. However, I am going to search the US DOJ site to see if any information is available.
CR67, Mike and Seen Enough I appreciate your supportive comments.
I also appreciate Joe researching this issue further, as well as Mike’s clarifying comments.
CR67, it would be interesting to hear more of your views, because if I recall correctly, you were still in FL when Jessica was abucted, repeatedly raped and murdered.
Seen Enough – it’s an interesting thought to approach the time in prison served as a % of a perons’s overall life as a deterent. I don’t know, given the various ages of readers here, how many can appreciate what you are saying about how different most 55 year old’s bodies aren’t like they were when they were 30.
Maybe a better question to ask would be how many can do the same athletic, social, have opportunities for employment and even relationships with family members etc. as they could when they were 18 years old?
Those in their early 20s won’t see much change, but those in their 30s probably notice some things they thought they would always be able to do or have when they were 18.
I post new information or questions here when newer information becomes available.
Here’s a fact that I don’t recall anyone else mentioning. John Walsh supports this law too. I’m sure most John being the host of “American’s Most Wanted” on FOX TV for about 20 years now.
Mike, very interesting information you’ve shared with us. However, I’m a little confused with one statement. When you wrote,
“I think one way around this is to grade the system by age….molest anyone under 12 and look at 15, 12-17 look at 10 years. We can also have enhancements for repeat offenders that tack on an additional 10 years.”
I fully admit not everyone convicted of a sexual offense poses the same risk to the community. But, I don’t understanding your 15 years for anyone under 12.
First, are you saying the possible current ID laws (I’m not sure from your earlier comments) of a 5-15 years mandatory is acurate or not? If it is, I somehow missed that clarification.
Secondly, would you please post that info (or link) again so I’m up-to-speed with you? I did read that you had found discrepencies in what John- I’m just not sure of where you found what John stated earlier isn
Why use 12 years at the cut off mark for younger children? Is that because FL originally did in drafting the legislation for this law (12 and under)? Or, is there an Idaho reason?
IMHO and experience assessing hundreds of Sex offenders, those who molest children under age 6 y.o., let alone those who molest under the age of 2 years old are far more dangerous to society and children, compared to say someone who has illegal sexual contact with a 17 year old (and of course those circumstances would have to be looked at too, including how violent a rape may have been).
Is there a classification for sex crimes for adults (such as rape, violent sexual assulat) that is different than sexual abuse of children in Idaho?
Of course there is a different issue if the victim is murdered after the repeated sexual abuse. That is where the capital punishment issue comes in, as murder is one of the crimes.
From my experience, I say for those who sexually abuse children under 4 y.o. lock them up and through away the key. Or deport them to that fantasy island reserved strictly for perps. Some will become victims of other perps housed there.
If these or any perps murdered their victim,IMO capital punishment, should be on the table for prosecutors. Besides other horrible crimes against children, how is this murder than any other?
While some mental health issues can be addressed in the group that sexually abuses kids 4 and under, these are truly AXIS II P.D. and are not got going to change no matter how much mental healt intervention they receive.
I’m not criticizing your suggestion Mike, simply wondering if there was some legal, Idaho or other reason you just mentioned 12 and under. You may have just been following what FL law as the reason you used the age of 12 as the oldest age of the children’s category?
BTW – what is Assent age in ID?
It should be noted that not every state that has a Jessica’s Law has indentical punishments as FL.
This is a good website about different adaptations several states have made to Jessica’s law: http://www.jmlfoundation.org. Although the list of states that have made changes to tighten up sex offenders with their own adaptations of Jessica’s Law is not current, there is much to be learned on this website.
Reading how various states addressed what their laws were and where they needed to strenthen their laws to protect children from sexual offenders varies from state to state.
Perhaps some didn’t realize that before now that an exact adaptation of what FL (and other states) have passed as new legislation, and each respective states version of Jessica’s Law)has to be the same for every other state.
This site clarifies what those states who first changed laws found what was lacking and how they’ve attempted to improved the system in their state.
As for how well Jessica’s Law has worked, which seems like a fair question to me, I think we won’t know for a few more years, Joe.
Gross as it is to remember, Jessica Lundsford, was killed in Feb. 2005. That’s only about 18 months, so it still appears early to know much about how it has worked. As the legislation in many states wasn’t immediately following her murder.
Also, there are some numbers that won’t be able to calculated. Potentially, aomw exoerts can estimate how many sex offenders didn’t abuse potential victims. I don’t know how we will ever know how many lives were saved because of these changes with pre-existing laws.
There are probably are models to predict what might have occurred in numbers, but I don’t know of any formulas; but others may. I think we’ll have to look for a several year trend in each state.
Thanks for the ideas and thought you all have suggested in your posts.
I didn’t realize it had been so short a time since the original Jessica’s Law, for some reason I thought it had been 2-3 years now.
More time will be needed to compare the conviction rates with and without the mandatory minimum law.
Perhaps there is anecdotal evidence we can start looking at? If anyone knows a prosecutor in one of these states, try asking them what their initial experiences have been.
I imagine the FindLaw forums will have some initial stories, and at least someone can post a new message asking for the initial reactions.
OK4Now, I used the age of 12 as a baseline because that is what Florida has done. I believe that North Carolina and Oklahoma are similar if not the same here as well. I agree that the younger the victim the harsher the punishment should be. However, I was also trying to look at it from the shoes of a prosecutor attempting to gain a conviction. 25 is a tough sell…while 15 is not much easier it could help with plea agreements. Perhaps an enhancement based on age could also be worked into the law to give it more teeth and give prosecutors more leverage to get a plea deal and spare the victim having to testify.
BTW—just to repeat, there are no mandatory minimums for sexual offenses in this state. Idaho uses a determinate and indeterminate sentencing method. The determinare (or fixed time) is a mandatory sentence the prisoner must serve before being eligible for parole. The indeterminate portion of the sentence is the maximum the sentence is set at by the Court. So, for example, if a person is convicted of Lewd Conduct for a Minor, the statute provides for lifetime incarceration. However, the judge has the ability to fix any sentence he wants…and he can then suspend that sentence and place the offender on probation without going to prison. So, for example, a judge could sentence an offender to a prison term of not less than 3 years, no more than 7 years on a lewd conduct charge. The judge could then place the defendant on probation and the molester goes free into the community under supervision. The Court could then place the defendant on probation for the amount of time the statute provides which is life; however, most offenders get the standard 5 or 10 year probation periods.
What mandatory minimums would do is remove this discretion. The Court would be required to set at least a minimum period of incarceration (with no probation) of X number of years as passed into law (which in Florida is 25 years for molesting kids under 12). DO NOT PASS GO…NO PROBATION.
I hope that clarifies my earlier statements. Thanks for earlier post. Good points.
You’re right Ok4now….I was living in Florida at the time that rape and murder happened with Jessica Lunsford. A lot of people don’t really think about the issue until it happens to someone they know or in or around their community. I must say it was a very heated and discussed issue at the time it occured down there. It’s sad that it took a precious little girls life for this law to be enacted, but I for one was happy to see the law pass and to know that Florida has some of the toughest laws in the country when it comes to sexual predators & offendors. It absolutely makes you sick to your stomach when that type of thing happens so close to home, and it was great to see all the communities around Florida ban together to not only find this sick individual, but actually make some changes so this type of thing wouldn’t happen again. And hopefully these types of people will think twice before they attempt a heinous act like this.
Before I moved to Idaho I looked at the crime statistics and was pretty impressed with the fairly low crime rate. The one thing that did jump out at me though, was the amount of sexual offenders in Idaho Falls. I was rather surprised that the number was as large as it was, being such a small town, but it just goes to show that no community is safe from this type of crime.
This is why it’s so important that we ALL come together on this to contact our governer and our congressman and get this law changed. All it takes is 5 minutes out of your day to write a letter or send an email, and I’ll make it easy for you by providing the links.
Gov Butch Otter: http://gov.idaho.gov/WebRespond/contact_form.html
Congressman Mike Simpson: http://www.house.gov/simpson/emailme.shtml
Personally, I believe the law should have been passed nationwide back in 2005. But just remember folks….they work for US. And I assure you…you WILL get a response from both of these gentleman. I know firsthand, as I’ve already contacted both of them regarding a couple other issues since I’ve been in Idaho and have received both emails and snail mail replies.
Here’s another link thats good to keep in your bookmarks. (all the state registries) http://offender.fdle.state.fl.us/offender/Registries.jsp
I’m glad their we’re talking about this issue and I hope that with everyones help, we can make a difference and protect our children!
Thanks for your clarification Mike. Yes, I do think a number of states went ahead and adopted the same regulations as FL did. I’d like to see that age lowered, in any changes ID makes.
It does help, at least me, to have you emphasize over and over again there is NO minimium sentence of prison time for sex offenders in ID.
It frightens me, but tells me one huge area that we can make a difference as average citizens. Don’t these judges come up for re-election, or are they apptointed until they decide to retire? If the later is true, how do we try to change things locally?
Maybe like the Day Care Laws, that bombed in the Idaho legislature, yet the cities raised the bar, if Bonneville County tightened laws and the County Prosecutors consistantly didn’t settle for probation, maybe we could tighten things up in our county. Maybe other counties would follow.
Joe, if I understand your idea correctly, it sounds like you’re wondering if we could get info from Prosecuting Attorneys, or other accurate sources in other states. I think that is a superb idea. How does it do anything but help us?
Would it be the local Prosecuting Attorney’s Office we should let know, the County Commissioners, The Gov. or our Congressmen? Or, do we notify all the above that we want tougher laws, including establishing a minimium sentence instead of the current no minimum sentence?
Mike and others, you probably know this better than all of us. What agency, or group of people who work to take sex offenders to trial, would be most likely to ask for the results from other states? Would the Prosecuting Attorneys do that? Are they OPEN to the feedback, if we e-mailed, called, faxed or wrote letters saying the plea bargaining and no minimium time of incarcertation is no longer acceptable in our community?
Chris, I agree, it is nice to talk about the issue. It hasn’t been that long since this horrible rape of murder of an innocent child. I think there are such strong feelings as we all want to protect our kids, but may not approach it the same way. Thanks for sharing what it was like to be in FL at the time.
What other suggestions are there of how we can work together to maybe get something changed in our neck of the woods? Why not be known as the County with a Plan who moved faster than the Legislature or Gov.?
It seems to me the major obstacles are the JUDGES, which I’m not sure how to address, if we can’t vote them out of office.
The other obstacle appears to be the Bonneville County Prosecuting Attorneys Office. Will they make changes if we let them know we no longer will tolerate probation as the only punishment (besides perhaps community service or a fine, if those are part of the sentence?).
I agree with Joe that we all could support GPS. But, to just let someone who has violated a child walk out of a courtroom with just a GPS system, isn’t enough, IMO.
What ideas do you have of how Bonneville County might lead the way for ID with tougher sentences for sex offenders?
HERE’S an idea: Do some research and discover that longer sentences actually make offenders’ recidivate to a higher degree.
Just wondering as well, where, in our overcrowded prison system, do you intend to incarcerate these demons? At what cost? Are you prepared to pay the higher taxes for something proven not to work?
If not, who do you intend to release to make room? Druggies? Murderers? Aggravated batterers?
Sometimes thinking before speaking around here would be a welcome trend.
Maybe with other crimes but not with sex offenders. Sexual predators are usually weak individuals with low self esteem and feel the need to dominate their victim and over power them. Which is why they go after young children. Give them 25 years in the federal pen, and I gaurantee you after THEIR raped a few hundred times in they’ll think twice about getting out and doing it again!
I for one will be more than happy to pay more taxes to keep these scumbags off the street!!
btw….I like your advice about thinking before speaking. That WOULD be a welcome trend. I like people who practice what they preach.
(ooops….sorry Joe. that was a sarcastic remark. You’ll probably have to edit that one!)
You’re simply, flatly, completely, and predictably, wrong. Nothing sarcastic there, unfortunately. Just curious, out of which academic study do you draw your “profile” and conclusions re- how repeated rapes assist in lowering recidivism?
The vast majority of people are fed up with these creeps being on the streets. I think that many of us would be willing to pay more to keep these guys behind bars for longer terms.
Now, I don’t advocate prison rape. What I do advocate is making it a penitentiary…from the word penance. Prisoners have it too easy with all the commisary they get to the cable TV and even visitation. It needs to be more solitary and have them focus on rehabilitating themselves by victim empathy workshops, vocational training, and cognitive behavioral therapy to force them to daily focus on why they are in there. Right now it is too much of a vacation in many ways. While their freedom is restricted to some degree they have too much time to comiserate with other prisoners, plan other crimes, and victimize other prisoners. Not a healthy system in my view and too lax to the detriment of public safety when they do get out.
With that said, the main focus here is enacting tough legislation to keep would be molesters out of here. Too many of these jerks communicate on line and pick places to live with lax laws.
As for the other posts, the Idaho Prosecuting Attorney’s Association and Idaho Association of Counties might have some stats and/or views on prosecution of sexual offenders. The Idaho Sheriff’s Association also probably has some views on this subject as they are the primary agencie involved in sexual offender registration efforts.
Anonymous in Post #61 wrotes,
“July 24th, 2007 at 2:51 pm
HERE’S an idea: Do some research and discover that longer sentences actually make offenders’ recidivate to a higher degree.
“Just wondering as well, where, in our overcrowded prison system, do you intend to incarcerate these demons? At what cost? Are you prepared to pay the higher taxes for something proven not to work?
If not, who do you intend to release to make room? Druggies? Murderers? Aggravated batterers?
“Sometimes thinking before speaking around here would be a welcome trend.”
I agree Anonymous. Let’s first start with you stating YOUR SOURCEs
for your comment, “Do some research and discover that longer sentences actually make offenders’ recidivate to a higher degree.”
Please name cite your sources, the legal cases, the journals, books and other information you have so you can explain much more clearly what a “higher degree” means. That is ambigious; it can be taken at least 2-3 different ways just reading it. But, I’ll let you clarify your remarks as I don’t know your sources and what you meant to say with the broad statement.
Meanwhile, having been one of 13 appointed to a Gov.’s Special Tasks Force to address in particular the younger sex offenders, I will be happy to give you references that I’m permitted to release.
To clarify my statement, I had to sign some confidentiality agreements for that Task Force, and despite it being in another state, that agreement is still binding today.
However, I’ll be happy to give you national sources so as you’ve requested, we – INCLUDING YOURSELF- can prove how much those of us who have posted here have read, written, helped form public policy and worked with sex offenders and victims of sex offenders directly.
In fairness, I have to say I have a very tight schedule this week and I doubt I can post that information before the weekend. However, I’ll be happy to take some time and do it then. As my sources do exist.
CR67 – I agree that perhaps we need to look at some of the others currently being incarcerated and reconsider what options there are for some of those populations instead of prison. I also agree sex offenders are not the group to do as we’re currently doing and avoid the incarceration period, in many cases.
Mike, as always you’ve added some insight to the punishment aspect of a sentence. I agree, being on probation essentially allowing the convicted s.o. to go most places while having a tracking device, doesn’t serve as enough of a consequence to deter future abuse by that sex offender.
Part of how any sex offender has any chance of improvement (I didn’t say cure, I said improvement) is teaching that person how to manage the urges, not being in high-risk situations, addressing previously unassessed or under treated mental health issues – and often starting a mood stabilizer, or another medication as indicated, as well as treatment of substance abuse problems (usually alcohol) as many offenders actually drink before violating a child and the alcohol lowers their normal inhibitations that would have stopped them otherwise.
Also, I believe and know a sex offender has to work in psychotherapy to get to the triggers and previous events that allowed this person to violate a child. It is some of the most difficult work a person will ever do.
Even jail, if not prison, helps ensure the person has to deal with some of these issues as he can’t just run away when it gets so painful he’d probably rather die than go that next level of treatment.
There is a point in treatment at which sex offenders who are serious about treatment and change are at high risk to injure themselves or bolt because the truth of their own lives is so hard to address. I strongly recommend incarceration during this time in particular.
There comes a point when some of the work and certianly working to pay off the fine a judge hopefully ordered, may be best accomplished by a half-way house. However, as I understand that issue, it takes us back to the sentencing and prosecutors no longer settling for no days incarcerated being allowed.
Anonymous,
You may be a judge, attorney, troll, or someone who see this issue very differently. I respect that.
I see no harm in obtaining information from other states, those who have worked on sex offenders as a category for decades compared to ID. How does that hurt you or any of us here? What are the costs of obtaining that information? Nonetheless, I respect your right to see that differently.
Anonymous, please comment of what the harm is for Judges, Prosecuting Attorneys, Pre-Sentence etc. learning from the experiences and research from other states. I have an open mind to your viewpoint.
Also, most judges and attorneys are smart enough to realize that many who ask questions in the courtroom or in this format already know the answers; however, they are either trying to get others involved or are trying to get the synergy of group thought to potentially produce better answers than those currently being practiced in sentencing sex offenders.
I, for one, would appreciate you detailing the part of your CV that has direct work with sex offenders in any capacity. Names or even jurisdictions do not need to be shared. Just your documented experience so we know how educated YOU are about the subject (and how current your education is).
If you are a judge, prosecuting attorney or have other direct responsibilities leading to recommendations of what sentence a S.O. is sentenced to, instead of trying to insult us of how uneducated we are about this subject, please set the example for all of us. Document your reference articles, books etc. telling us the problems as YOU know they exist.
I’m confident others posting here have equal or more experience as you working with sex offenders and understanding the literature.
And YES, I am willing to pay more taxes to make sure ALL sex offenders spend some time behind bars.
If you READ what I wrote previously, if sex offenders kill their victims, their case then becomes not one strictly about their sexual offense, but a capital case for murder as well.
Looking forward, Anonymous, to your sources showing the specific details about incarceration leading to as you say, “actually make offenders’ recidivate to a higher degree.” I’d like to read the material, especially prior to when I’m able to post my own list of sources.
I agree it would be great if some would READ and become informed, and then THINK, and subsequently post post as a result of both.
It’s nice to have you raise the bar here, Anonymous, with your comments. While everyone is entitled to their own opinions, which I respect, let’s get down to the expert opinions.
I look forward to your CV, and documentation to support your points.
I would also ask one additional request of you, Anonymous from Post #61. I respect your right to be Anonymous, Guest, or “Stop Sign,” “Tree Trunk,” “Big Rigger,” or any other unlimited variety of user names you could select. Would you please at least use a specific number with your Anonymous posting, or a different username?
One clever trick that is played here and those users who use their real or self-assigned username repeatedly have no way of knowing, is someone will address what “Anonymous” said only to be told no, that was a “different Anonymous user.”
It’s hardly fair that we who use our names or a consistant username get shots taken at us, yet the person who posts those remarks doesn’t use a consistant name so a dialogue can follow.
I want to make sure I give you credit for what you write, as well as your real world experience. So until you decide which benign username to use, I’ll just refer to you as Anonymous – 8B- so everyone is clear when I’m addressing you say vs. Anonymous SkyDiver, Anonymous Cop, Anonymous Bus Driver etc.
This is just my addition to your suggestion that people read before they post. I want to know in your f/u comments that you are the same person. Accountability, not only for offenders but everyone is good, IMO. That includes those who post here.
Looking forward to your next post, Anonymous-8B.
Too bad you didn’t have enough time to cite YOUR sources (per your own request for post dialogue), but had enough time to compose yet another diatribe.
What are YOUR sources that prove my assertions wrong? I’ve yet to see anyone cite contrary evidence. I’m not your grad student; look up your own data and refute my commentary. If you’re so learned in the scientific method, you’ll know that’s pretty much protocol.
Registry laws do nothing to reduce recidivism and increase public safety.
Longer prison sentences increase criminogenicity as well as recidivism.
Pedophiles’ self-esteem is unrelated to their motivation to offend.
The data is clear and readily available. MY cv is immaterial and it’s been my experience that whenever someone starts citing their credentials, they’re on the losing end of an argument.
Ok4now….once again, great post. However it’s pointless trying to have a civil discussion with this “anonymous” person, as we all know from his previous posts. This person is more than happy to put down other posters and dismiss their thoughts on a subject and asking that we cite OUR sources. Yet when we ask the same of him, he refuses, telling us to look it up ourselves. One has to take the comments of these types of posters with a grain of salt in my opinion.
I always liked the way he trys to use big words like criminogenicity to make himself seem more intelligent. Too bad it doesn’t work. It’s actually pretty amusing!
However, I’ll be happy to cite some stats for him. There was a study done in the early 90’s by the American Psychological Association using 30,000 sexual offenders. The recidivism rate was 36.3%.
If you’d like to look up the data, its readily available online.
Personally, I think 36% is high.
How high does it have to be for YOU to be alarmed and/or concerned? It also states that number is lower for those that actually get treatment, as opposed to incarceration only.
Which is just another reason why these registries and Jessica’s Law is so important to our community. The general public has no idea who plans on reoffending, whether or not they received treatment for their problem or if they just sat in a jail cell during their sentence.
I don’t know about you, but I’d rather not take that chance with my childs life!
Early 90’s?!!! LOL! That’s light years away in terms of statistical applicability, particularly in a field that is as rapidly evolving and progressing as sexual offender treatment. You’d be laughed out of any professional gathering w/ that old of data.
Insofar as me using large words, [edited by site admin]
What’s wrong w/ playing by your rules, CR? Where’s YOUR documentation re- your prison rape deterrent commentary as well as your “profile?” I can’t find it…anywhere; I’ve looked…everywhere. Can you find MY citations? They’re easily available. Have you looked? Hmmmmm…..
I looked online for 20 minutes and didn’t find any “recent” studies, so if you’d like to cite some sources and/or studies that YOU have found, I’d be real interested in reading it. At least I took the time to look and post what I found. That’s alot more than you’ve ever done on this site. Unless of course that’s too much trouble. You talk like you’ve got all the facts and information right in front of you, yet you never show us anything.
I’d like to ask you a personal question. Have you or someone in your immediate family ever been charged with a sexual offense with a minor or any other type of sexual battery or offense? Since you’re “anonymous” it shouldn’t be too difficult a question to answer. The reason I ask is between this and that other post, you seem to strongly disagree with the sentencing and/or treatment of these sexual predators/offenders. Is it something that hits close to home, touches a nerve, or do you just want these individuals out there with all the freedoms of your average law abiding civilian? I’m not trying to be rude or offensive in anyway, I just believe that most of us would like to know your reasoning behind the lax sentencing you continue to argue about, for these perverts. Please enlighten us.
Look harder. Try the Center for Sex Offender Management sites; the Association for the Treatment of Sexual Abuser sites; the Department of Justice sites; the Safer Society sites; etc., etc.
Who said I was for lax sentences? I’m for EFFECTIVE sentences. I’m as abhorred by these individuals’ actions as anyone else. I’m simply advocating that we be smart about dealing with them, rather than emotionally reactionary, the latter approach never having proven its worth in resolving any problem of any kind.
Re my personal history? W/ all due respect, none of your business.
I don’t have any case studies or sources from which I derived my thoughts on the subject. The comment I made was purely my opinion. I’m not advocating prison rape, but if you’ve read articles or seen any documentaries on prison life, child molestors are the lowest forms of life in the prison population. They usually don’t last long in the general population once the other inmates find out their crime. I was purely going by the “eye for an eye” philosophy. I personally believe that if these perverts like molesting & murdering little boys and girls so much, put them in an enviroment where the same could be done to them. I bet the recidivism rate would drop dramatically.
But then that’s just my opinion.
FWIW
It seems aparent to me that Anonymous is a troll just looking to argue for argument sake and attack people personally rather than the issue(s). Anonymous threw out a bold statement about how longer sentences cause more recidivism. I would love to see that study. I could argue the reverse, shorter sentences cause more recidivism. So where does that leave us. Anonymous wants effective sentences….as do all of us on here. The only difference is Anonymous is calling posters stupid. My vote is ignore the troll and talk about effective sentences (with out without anonymous’ sources).
It stands to reason that longer sentences decrease recidivism because you keep them locked away from society longer. The major age range of criminal activity is probably in the age range of 18-25 years old. If you lock people up past this criminal ‘prime time’ period many offenders actually mature and grow out of criminal behavior. The only main exception would be those persons that have Anti-Social Personality Disorder and/or Psycho/Sociopaths. You can’t change their makeup. All you can do is keep a thumb on them and control them from hurting others.
I have seen countless stories and talked to former prisoners that tell the tale that prison saved their life and put them on a correct course for living a better and more productive life.
Now, if one wants to argue that longer sentences are a bad thing for sexual offenders and we might make them worse when they come out….then what is the other side’s answer? The concepts Anonymous discusses seem aiken to the Restorative Justice Model being implemented around the country. This model believes in supposedly equal rights for criminals to be made whole, just like the victim. In effect, society must look out for the criminals that have injured it. Society takes on the role of nurturing the criminal instead of ostracizing the criminal and punishing him/her for the behavior. This is a sad state of affairs, especially in the area of sexual offenses. When the criminals have equal and in many cases more rights than society—and we have to treat them with kid gloves we are turning a blind eye to predators in our midst. In my opinion, this will only do more to encourage recidivism.
[edited by site admin]
Mike, we all know that Anonymous is only out to start arguments and is not capable of discussing a topic in a civilized manner. The majority of the posters on this board have no problem supplying each other with reference material to back our beliefs up. Its called the unspoken law of common courtesy and one most of us abide by. And when we do happen to state our opinions, that’s how each of us portray them, as “our opinion”. Don’t let the trolls suck you in and drag you down to their level. It’s not worth the time & energy to repond.
We’ve each fallen prey to his games on a number of posts here, and it won’t be long until he’s just talking to himself.
Joe,
Would you review posts 74,71, 69 and any others pertinent to this newest “Anonymous” poster?
I chatted with you for a minute on the chatbox saying I wanted to see, during a quick break, if Anonymous had posted here.
So then I finally get here only to find this last remark.
Mike, CR67 and I are having a discussion that no one else needs to be involved in, if they don’t want to be.
No one has to agree, but I’m questioning if this particular Anonymous should officially be deemed a Troll? I don’t see how his comments ad to a discussion.
I personally don’t think my fellow posters should have to endure comments like #74.
Thank you for taking a look, Ok
Great points, I was wavering on them myself, but wanted to see if anyone else thought they were inappropriate (I realize I can be an uptight prude sometimes).
I edited what I thought was the worst. Please let me know if you see other comments that violate our guidelines.
I do not relish editing comments. Anonymous, please respect our guidelines so I do not have to block an IP address.
Thank you Joe! I had to go back to work after I left you that message. I’m pleased you edited that remark directed at another poster. I’m not pleased that someone made such a poor decision to write what was written, so Joe had to edit it.
Just because people don’t agree about an issue, or even how to best approach revision of a law, doesn’t mean others aren’t respected here.
Anonymous – I don’t know how many others names you’ve used and what other threads you may or may not have attempted to stir up. Honest points from either side of a debate, or asking questions one doesn’t know and wants to learn, adds to a discussion.
Derogatory comments about anyone who posts really shows who you are. Using “Anonymous” doesn’t hide a person who can’t respect others and their views, even if he doesn’t agree with them or thinks they are approaching a better solution incorrectly.
Joe does NOT edit comments on a whim. I’ve seen too many examples in the past where he has agonized of what was the most correct decision with some posts.
CR67, Mike, SlimPickens, Joe and others, I didn’t have time on TH to look at this site before my earlier comment asked Joe to review what Anonymous had posted. Please don’t hesitate to let Joe know, if you think a comment is inappropriate!
Thank you Joe!
Now maybe we can get back to brainstorming what ideas might be workable for Idaho prosecutors and others to have ID’s version of Jessica’s Law.
I’ve been thinking of trying to email some country prosecutors in Florida, maybe the AG’s office, asking informally how they think the conviction rate has been affected since the law changed.
I keep forgetting, but I’ll try. What other states have similar laws? Wait, I imagine the O’Reilly map has them listed. See what we can find on that.
Look at Oklahoma and North Carolina. They have some good laws on the books…..
Anonymous, your points are worth considering fairly like any others, but I must ask, have you ever personally worked with (as in treatment, therapy, rehabilitation or incarceration) sex offenders, especially those who offend against children?
Have you talked with any of them (professionally) at length, over time, about their behavior, urges, or thoughts and feelings about what they did?
I realize you may respond the same as you did in post 71, but I highly suspect your knowledge is from the other side, or doing paper research and quoting other’s stats. If you directly worked with a man or woman convicted of such offenses, your arguments would be taking a much different spin.
Regardless, seems this issue is another no-win situation. Nobody wins in a real life molest or rape either. We all need to be SO vigilant with our children’s safety, and fight against the judges or prosecutors who are too lenient with them.
Check out this site that was reported on ABC News. It doesn’t relate specifically to Jessica’s Law but it is a reminder of the creeps out there.
http://www.abcnews.go.com/GMA/story?id=3426796&page=1
Basically, this guy is running a site for other pedophiles on the best places to find children and ‘watch’ them! Yeah right…
That is a tough situation. I would love to take Jack McClellan out to the foothills if I caught him. He moved from Seattle to Santa Monica, where could he go next?
My first thought when I skimmed the story was that complaints to the host company could shut him down, and it sounds like the host did shut him down. Most host companies will not host such content if people find it and complain, but unfortunately he can get hosting in places like Russia or Nigeria where illegal online activity is normal business. I read through some links and learned a similar pedophile runs a website based in Panama.
Perhaps a lawyer can help us understand the legal parameters of free speech in this instance? We know speech is not protected if you advocate violence, apparently speech is protected if you advocate pedophilia, and we know speech is protected if you advocate smoking pot.
All three are examples of fantasizing even advocating illegal activities, so what is the litmus test of when the speech becomes illegal? Is his speech protected just because he describes fantasies but may not urge people to carry them out? Wouldn’t fantasizing about violence or a presidential assassination be illegal? I’m really surprised to hear his speech is still protected!
I and anyone seeing this will get up in arms about this creep, but think about the larger population of similar creeps out there who are not so public.
What can we do?
Hi Joe….here is a blurb I found re: First Amendment ramifications of McClellan’s actions:
“It is an interesting case,” said Eugene Volokh, a law professor and First Amendment expert at the University of California, Los Angeles.
Professor Volokh cited a federal statute that bars the posting of bomb-making information on the Web, and suggested that a similar statute banning information that helps people find children to molest could be enacted, perhaps. But simply providing information about where children gather was not likely to constitute such a crime, he said.
In terms of children’s images, he said: “The general rule is pictures of people in public are free for people to publish. Now if it is without permission and the person is a child and he suggests the children are sexual targets, you can imagine a court saying this is a new First Amendment exception. But it would be an uphill battle.”
It was on an AOL news site;
Interesting; my general understanding is that the First Amendment is not limitless (ie, you can’t legally yell “Fire” in a crowded theater, unless of course, there is a fire….) and you can’t “incite” criminal acts….this would seem to fall into that category, yet, Volokh’s analysis seems correct: McClellan, as repugnant as his acts are, has not committed any crime, nor does it seem he has truly incited the same….yet how many steps away are his actions from yelling, “Hey, pedophiles, here is where the cute kids hang out” ?????
The privacy issue is troubling; most people in public places have inherently agreed that it is okay to have their pictures taken, etc. But what about “misappropriating someone’s likeness”? I can’t snap a picture of someone and then use their image to sell my product…(remember the whole Picabo Street/Sun Valley lawsuit???) ….isn’t this sort of the same thing?? Isn’t McClellan selling his website vis a vis these postings of kids? (Wonder if anyone “advertised” on the site??) Unfortunately, even if this is a valid analysis (misappropriaton of likeness), such “invasion of privacy” is a civil wrong or tort, not a criminal act….maybe one of the moms could sue him??? Or at least get an injunction forbidding him from posting their kids??? I hope it is a moot point, as his site has been shut down……
Cool, thanks for looking that up. From running this site, I’ve kept my ears open to the limits and responsibilities of our first amendment freedom.
It is true being in public you waive your right to privacy and can be photographed, but yeah I think because if he publishes the pics in a sexually suggestive manner that he can be sued. I think it’s like if you’re sitting there eating a sandwich and someone takes a pic and photoshops it in a way to humiliate you, you probably have means to sue.
I think his ratings for where kids can be watched is really a hair away from being similar to yelling ‘fire’ in a theater. I saw some screenshots of his site, and it was about as basic html as you can get, I am certain he had no advertisers.
I think “it would be an uphill battle” is the key idea here. It’s going to take some lawsuits and/or legislation (probably with resulting lawsuits) for this matter to get settled.
The moms can sue on their own, but standing could be difficult to prove that they were the ones affected. I think it will have to fall on a state Attorney General to pursue it.
Could this activity be legislated?
Oliver Wendell Holmes: The right to swing my fist ends where the other man’s nose begins. This McClellan, while perhaps in his right to have his pedophile Web site, is swinging his fist where it ought not to be. What shocks me is that he has the nerve to get all upset that the police posted his picture on the Internet, warning that this is the guy running this pedophile site. Hypocrite of the worst kind.
Wow, interesting developments in that Jack McClellan case.
A couple California dads who are lawyers got a temporary restraining order against McClellan to stay at least 30 feet away from everyone under 18 in California!
They rushed to the LA airport and got him pulled off his airplane to serve him. He acted “nonchalant”, said he was surprised they had been able to get it because he felt it violated his constitutional rights, and got back on the plane to fly to Chicago for a TV appearance.
McClellan seems to be realizing the controversy he has generated, saying he does not have recognizable pics of girls online anymore, and he may not relaunch his website.
It seems really weird, the whole smorgasborg of this situation. I wonder if he was trying to do some kind of performance art or social experiment? Experts are noting that his behaviors are at odds with typical pedophile behaviors.
His parents apparently live in Washington. Can anyone imagine the anguish they are going through?
http://www.cnn.com/2007/US/law/08/03/pedophile.blogger.ap/index.html
Interesting. In the few spare moments I’ve had, I’ve been looking at New Jessica’s Law info, so much centers around the death penalty. My original idea was tougher sentencing and more consequences, not necessarily death (except in capital cases).
I’m wondering if Jack McClellan has dominated the headlines so much that those who are trying to get change are using him as an example. Could that be the reason about so many of the sites now talking of death for sexual abuse is currently? I don’t know – that part is very confusing to me. Perhaps Babs or others can contribute more info that will help clear the cobwebbs in my brain.
Today in the PR they said that a man was seen peeking into the stalls at the girls’ bathroom at the 4-H fair the past 2 days. He is a registered sex offender who has only been out of prison since July 24. But there was no offense they could legally charge him with. Shouldn’t it be against the conditions of his parole? Is he even on parole? Here is a link to his information, better watch out for this one.
http://www.isp.state.id.us/so_viewer/showSO.do?nic=SX06996
It SHOULD be against the conditions of his parole and somebody should definately contact his parole officer. I’m sure they’d throw him back in the slammer where he belongs. See…if Jessica’s law was passed in this state, he’d still be rotting in jail thinking about his sick twisted thoughts and how they put him there.
I thought the same thing when I read it. Even if he was not near a school or daycare, he was in the women’s bathroom caught peeking under the stalls. What is wrong with our justice system if he cannot get into trouble unless that specific situation is described in the code?
George Robert Jones, two charges of indecent exposure. You know he is one of the hardcore perverts because he has two charges 22 years apart. It is obvious he has not and is not getting better.
He lives in that neighborhood by Freeman Park, check his photo and watch out for him around town.
http://maps.google.com/maps?f=q&hl=en&geocode=&q=1425+ELMORE+AVE+idaho+falls&sll=37.0625,-95.677068&sspn=30.957823,59.765625&ie=UTF8&ll=43.514339,-112.045913&spn=0.006909,0.014591&z=16&iwloc=addr&om=1
If an offender serves thier full sentence they can be released without probation. He would still have to register but would not have a parole officer. This may be the case, although i hope it is not and that that sick pervert ends up rotting in prison for the rest of his life.
Hi “Okay4now”…saw your post (#88);
First, thanks for bringing this important issue to the discussion boards;
Second, my understanding is that the only relevance of “Jessica’s Law” to the death penalty is that when considering aggravating/mitigating factors in a death penalty case, a person’s status as a lifetime sexual predator (under Jessica’s Law) can be considered as an aggravating factor. (When deciding between death and other options at the penalty phase of a death penalty eligible case, the defense presents ‘mitigating’ factors (ie character witnesses to say what a good person the defendant is, his wife and kids, etc..) and the prosecution presents aggravating factors of the crime and/or defendant (ie, prior crimes s/he has committed, his lack of remorse, etc.) ). This inclusion as an aggravating factor would, obviously, open the door for more executions.
Even though I am opposed to the death penalty, I still do like the idea of Jessica’s Law, although I think the statutory age of the victim should be increased from “children under age 11″ to “children under age 13″.
My 2 cents, for whatever its worth.
Jones is a serial offender. He has history in Cassia and Minidoka counties as well as Bonneville….stalking, battery, disturbing the peace, etc…
On 8/6/07, he was convicted of Disturbing the Peace and given 180 days jail, 150 suspended. He is on 2 years misdemeanor probation with Bonneville County. His felony was discharged 7/24/07. So he was not on probation at the time of the bathroom stall peeking. George has peeked in bathrooms before. Now, if Idaho had a civil commitment law like Wisconsin, we could “commit” this jerk before he perped on a little kid. Civil Commitments are ideal for the George Jone’s of the world.
“On 8/6/07, he was convicted of Disturbing the Peace and given 180 days jail, 150 suspended.”
Was that conviction for this offense at the 4H or something else?
Who was the judge that let him off?
Don’t know the answers to those questions. Maybe it was Linda Cook. She let him off easy the last time he peeked in a woman’s bathroom years ago.
Thanks Babs. I will look into that when I have a bit more time. Kind of crunch time here for a few more days.
Wow – that case in NJ where those 3 college age kids were shot, really brings a lot of these issues together (as I understand them).
No, they weren’t children protected from perps, but apparently the ring leader has been booked on Child Molestation and I believe it was aggrevated rape. Maybe not aggrevated, but this ILLEGAL ALIEN made his $150,000 bail in NJ for each offense.
Apparently lives in NYC, “owns property.” RIGHT – someone want to explain that one to me?
But, because he was seen as having ties to NYC via his “property” he made bail.
Then he got these other kids to allegedly help him murder the college kids about 10 days ago.
Sick, sick, sick stuff. As several attorneys asked, why wasn’t he denied bail for the seriousness of his crimes. He not only allegedly sexually abused a little girl but also apparently brutually raped a younger woman.
Some say he should have been deported. But, apparently ICE couldn’t touch him as long as he was in jail or something like that. These senseless crimes are only more bizarre given the ring leader isn’t even a U.S. Citizen and keeps making bail.
What most people pointed too as a core problem was the Sactuary City status of NYC.
I know this is a little off topic of Jessica’s Law, but had this creep been held in jail for either of his previous crimes (and I believe they were both in the last 3 months), maybe those college kids would be alive today.
What is sad is that this was all preventable. However, in many jurisdictions it is a crime for local police to inquire about a person’s immigration status. For example in San Fransisco and Los Angeles, police cannot ask about immigration status.
The same issues came up with the Fort Dix 6. These 6 would be terrorists wanted to blow up fort Dix in New Jersey. 3 of them were illegals. They had been arrested or cited a combined 75 times prior. But because immigration status could not be reported they slipped through the cracks.
On the brighter side, that creepy pedophile McClelan was arrested yesterday taking pictures outside a UCLA child care center for violating a restraining order in place that he not come within 30 feet of a child. He was released on his own recognizance though until his court date next month. It is only a contempt of court beef, not criminal, but hopefully the judge will throw him in the klink for the maximum.
So the theme here with Jessica’s Law is much the same in Idaho….we seem to have spineless politicians who want to ’study’ the problem some more before acting….do we have to have another Joseph Duncan kidnap, rape and murder kids before we are done studying the problem and act to protect our kids.
I called the Governor’s Office again last week to complain about the lack of Jessica’s Law. The staffer said the Governor was merely studying the feasability of such a law. How long do they need to make a decision? Absolutely criminal in my mind to wait another year before passing legislation to put potential and actual offenders on notice that we will not tolerate such behavior.
I suggest we all continue to write and email our governor and congressman regarding this issue until they get sick of hearing from us.
We need this McClelan character off the streets for good. His behavior is borderline right with him skating on the edge of the law. But it’s only a matter of time before he gets to that point and does something terrible. Should we wait for that to happen, or take action now? This scum needs to be put away for good.
Check out this article on the girl recently found alive after this creep sucked her into his vile web.
The sex offender used the web to solicit her. The end of the article talked about how Florida tripled the maximum penalty for soliciting minors for sex on-line. They also require sex offenders to register email addresses and screen name handles.
http://www.foxnews.com/story/0,2933,298890,00.html
Why can’t Idaho get tougher like this?
I don’t hate John but I also didnt vote for him lol. I aksed him on one of his house visits how he felt aobut our president lying to all of us? And he didnt seem to really care a whole lot. I want to vote for a guy who will stand up and say” this is BS!!! ” ” I am outraged with the careless ways our government has operated!” Someone who knows there are bills out there that are unconstitutional and will reak havok to protect all of us. I will vote for that person. Maybe I just need to run for office. Everyone vote for me lol. I will end the drug war. I will open up treatment centers. I will get more money for education. I will make sure everyone has the right to vote and express freedom of speach and that you have the right to say anything you want to me. I will make sure anyone can own a gun that isnt to bad. I will get rid of millions of garbage laws that steal money form Americans. I will fire all of the corrupt government and police force. If you don’t vote for me then may someone step up to the plate and bat for america.
” I am sick of watching my fellow countrymens constitutional rights just wilt and die”" I want someone who will defend the constitution of the united states.
Check out this link for more baloney from our local court system. Judge Joel Tingey is taking off where liberal judge Richard St. Clair left off.
Convicted sex offender serving 7 years on federal child porn charge faced state judge today for taking pictures of his little niece. The mother of the child pleaded with the judge to have him serve his state time after the federal sentence was up. Tingey refused and sentenced this loser to a minimum of 6 years and a maximum of ten to be served concurrently. Meaning that he will get credit against his state sentence while in federal custody on other child porn matters. Tingey is a liberal judge who is following the lead of other judges like Brent Moss and Richard St. Clair–they belive that rehabilitation takes precedence over incarceration of sex criminals. Ever wonder why the Joe Horn’s of the world are celebrated and supported for shooting criminals? Having these kind of judges around is one big reason why.
http://kpvi.com/Global/story.asp?S=7483054
This story has some positive news to it. A local man, David Bigelow, is circulating a petition for mandatory minimum sentences. He is a neighbor of Mike Nef. Nef was given a slap on the wrist by Judge Brent Moss.
http://www.localnews8.com/global/story.asp?s=7527788
Bigelow’s contact address to partake in the petition is in the link. Count me in.
I was wondering if that gentleman had considered one of those online petitions? If there’s any way IFz can help in hosting an online petition or pointing people to an online petition, or his information, absolutely let me know.
Joe,
I would e-mail him and give him your suggestion about the online petition. Right now, he has petitions with 17 signature spaces….they are to then be sent to the Governor. I think that an online version would be better…..and allow it to be sent to multiple politicians with more effect. We already know that Otter plans on doing nothing….so approaching him is a waste of time.
Soooo, where there any laws proposed in this area this session? Where none of our “representatives” interested in strengthening this area?
Actually, I am not sure when the research was done on Wyoming Criminal law regarding sexual offenders, but in July of 2007 Wyoming passed several new sexual offenders laws. This includes making it a felony to fail to register as a sex offender. Wyoming no longer has extremely relaxed sexual offender laws. They also used to have a hearing that each person convicted of a sexual offense would have to go through to determine their level of probability of repeat offending. The ranking would determine how far in depth their sexual registration would go. More often than not, this hearing either didn’t take place, or the person would be placed in a lower ranking than what he/she probably should have been placed in. The new law says that all sexual offenders will register, period. No more hearing. So when the research was done, I am sure that this article was true. Regardless, this is no longer the case in Wyoming.
It certainly is interesting to see the disparities in sentencing between some Judges in our area and those in Pocatello. Pocatello Judges McDermott and Bush have been sentencing several sex offenders to a minimum of 5 years in prison with indeterminate sentences of 10 years, for a unified 15 year sentences. These are on first offense Sexual Abuse of Minor Offenses. Our lovely Judge Brent Moss gives these types of crimes a rider….ie, 120 days at Cottonwood for “further evaluation”. He continues to be soft on folks. Last week he had the guy that molested a 2 year old…sentence Cottonwood. Then the LDS Female Youth Church Leader who molested a teen….sentence…..Rider for 120 days. Moss also gave Mike Neff a Rider as well. What is wrong with this guy?
Did you see that scumbag on the news this morning who is HIV positive and performed oral sex on a 14 y/o boy? He also admitted to meeting teens and older guys in the Idaho Falls parks to have sex and he didnt tell any of them he was HIV positive. He was sentenced yesterday and the judge only gave him six years to life. The prosecution was asking for at least 15 years to life. What is wrong with our society when our court system can’t even hand down a proper sentence? This guy should be locked up for the rest of his life! Six years is a slap on the wrist!
There was also a Pocatello school teacher who was also sentenced monday for molesting a 14 y/o student. 15 year sentence, with 5 being mandatory. Which means could and probably will get out after 5 years! It’s an outrage and our laws need to be changed to send a message to these sick individuals that we’re not going to put up with this behavior anymore!
Judge Joel Tingey sentenced the HIV guy. He is pretty liberal as well. For instance, remember the guy in Dubois, Idaho, that perped on his 6 year old niece. He was charged by the State for Sexual Abuse. He also had stacks of child porn….the feds charged and convicted him. He received a 7 year federal sentence. So, this guy essential skates on molesting his niece and will be eligible for state parole before he finishes his federal sentence. This is yet another example of Eastern Idaho Judges not protecting the community.
All those sentences sure seem light. I wonder why the judges did these things? Do they not believe there was a terrible crime which occurred?
I don’t believe you can change who you’re attracted to, whether it be the same gender, or little children, etc. (I also know better than to equate homosexuality with pedophilia.)
So these guys/gal, when they get out, how does society stop them from acting upon their natural sexual proclivities?
I think we go at this with the wrong approach. Someone who is attracted to children needs to either be put away forever, or have some sort of medical treatment given so the inevitable next attraction and opportunity can’t be acted upon.
We can’t just say, you get to do x amount of time. The punishment doesn’t resolve the internal issue, the attraction that they acted upon that got them caught in the first place.
Its all because of the holy war on drugs. Reagan and the first President Bush told us that drugs were the most dangerous thing to face society – remember Bush’s special national broadcast about the evils of crack cocaine? Under their leadership nearly all states passed mandatory minimums for drug users, even the non violent ones. But they didn’t take into account what this would do the prison system and they didn’t provide any more money for prisons. So now the prisons are full, with lots of people serving drug sentences for simple possession not dealing, and there is no more room. Which means those convicted of crimes not related to drugs often get lighter sentences to make room for the next guy caught with LSD, crack, meth, or the like. What mandatory minimums do is negate the option of parole so you sometimes can’t let a drug dealer out early but you can let someone else out. And when there is a long line of people waiting to get into prison you have to let some out to put the new bad guys in.
I don’t defend the light sentences these sex offenders got at all. I’m just aware that problem is more than just bad judges.
As a libertarian I am against the ‘war on drugs’. I don’t agree with drug use in general, but that includes most legal drugs. I agree with you that we did this to ourselves, in our overcrowded prison system.
I saw a documentary about the war on drugs having a tacit partner in the federal government. It was alleged (very convincingly) that the Feds actually helped drugs come in to the country for several reasons:
1. Most of the users were poorer blacks/minorities or gang members in the inner cities and ghettos. They either died from overdoses or were arrested/imprisoned and therefore off the streets.
2. The drugs came in from countries where we were trying to persuade the leadership to be in our corner, rather than ally themselves with the Soviet Union. We wink/wink-nudge/nudged when the carriers came in, the countries got lots of money and the power went to leaders that supported us. (Think Noriega, Ollie North, etc.)
3. Private companies take advantage of building prisons, make big bucks off the state governments to take the massive overflow of prisoners due to mandatory minimum sentences, and then have a ready-made workforce for products or services from which additional profit can be made. Even if there’s no inmate labor, private companies make tremendous profit from this overflow prison ’service’.
So we have an ongoing war on drugs. Now, remember that I do not use, nor do I condone using drugs. I just truly believe it is being mishandled all around.
There is a racist element to the war on drugs. Crack cocaine crimes carry a much harsher penalty than powder cocaine crimes. Crack is mostly used by blacks and powder by whites. Yet the difference in the two is mostly just how you injest it as you cook regular cocaine to make crack so you can smoke it.
Drug use is bad, there is no doubt about it. But the war on drugs creates more problems than it solves by its arbitrary punishments depending on the type of drug. And every person who drinks alcohol while decrying the illegal drugs is an utter hypocrite as alcohol is far and away the most damaging drug to our society. By the way, I drink alcohol.
Anyway, we are hijacking the sex offender thread with this drug talk. My main point here is that America needs to rethink its priorities by focusing on the real bad criminals like molestors instead of drug users.
Wow, my bad. I got caught up in my self righteousness about the ‘war on drugs’ and totally left the molester thread! You’re right.
If we stopped the mandatory imprisonment of users, we’d have room to put away the molesters. I don’t think they ever can change their attraction, so unless we can guarantee they will not reoffend they should be given life sentences the first time.
But this then goes into the broader question of, what is a sexual offender? A rapist? Sure, unless it was a “he said, she said”, and non violent issue. Then I’m not sure if I’d want to have a life sentence. Those kinds of cases are difficult to decide.
A pedophile? Absolutely.
What about a statutory rapist? Consensual sex with a teenager, when you are a young adult. Does that deserve a life sentence? Well, I’m not so certain about that, especially when young girls tend to pursue older boys, and the boys don’t mature as fast as the girls do, anyway. I’m not even sure that should be considered to be a predatory situation if the age difference is under 10 years (don’t ask me why, that just seemed to be a good reasonable number to cap it off at). If the two are over 10 years different in age, then it seems predatory to me, and pedophiliac in nature.
But get the predators off the streets for the balance of their lifetimes, or find ways to totally guarantee they will not reoffend. And with today’s overcrowded prisons, we are not seeing heavy sentences for this type of crime.
“crack cocaine is used mostly by blacks and powder cocaine by whites”…..thats a very common misconception and one that media (mainly movies, tv, etc.) portray. It is a fact that you’ll get a much harsher sentence if caught with crack as opposed to powder, which is wrong in my book. Coke is coke is coke. But this goes back to many a discussion we’ve had on this site. We need to spend more money on treatment and alternative therapies, as opposed to incarceration. Just because you’re in prison, doesn’t mean you don’t have access to drugs. It’s obvious that incarceration for drug users doesn’t work, but has only packed our prison system to the brink and to the point where their letting out murderers and rapists early to make room for drug users. It’s definately a no-win situation and laws need to be changed.
Studies have shown that outpatient treatment that is not long term and without community monitoring is not effective. KIDK or KIFI had a story on the supposed success rate of 77% for the State Penitentiary Therapeutic Community Treatment Model, or TEAM for short. This is a longer term program of intensive treatment to a captive audience. Especially with meth, outpatient is not cutting it….these folks need longer term treatment in a secure setting…..that means prison in many cases. Otherwise, it is an ineffective use of resources to treat persons for short periods of time without the ability to hold them accountable and without easy access to drugs. The TEAM model also uses a peer to peer model that seems to be effective in keeping drugs out of the units these guys are segregated in from the general population. (Remember the Dirty Dozen Movie with Lee Marvin…..he used an extreme model of the peer to peer….if any one of them failed they all failed. The other prisoners kept each other in line) This model has much going for it because if you think about it, most prisoners tend to probably believe one another more so than “The Man”.
CR67, here is a link that identifies the program I referenced.
http://corrections.state.id.us/programs/programs_therapeutic.htm
I can understand people going to prison to pay for their crimes. But casual drug users that didn’t commit a crime, but got caught “holding”, should not be sent to prison for ungodly amounts of time. Especially when there is no drug treatment programs in the majority of our prisons. The program you point out does not happen in most of our prisons across the country and even this program admits that all inmates are not eligible for placement in this program.
The point I’m trying to make is, stop locking up drug users where they’ll end up coming out worse off than when they went in. Instead of spending billions of dollars on new prisons, spend millions on treatment programs. Or better yet…legalize it and tax it like they’ve done with alcohol and tobacco. But that’s a whole other can of worms there and I already know Mikes stand on that one.
Here is a perfect example of why drugs laws are so screwed up. This was a real guy here in Idaho Falls whose name is Brad. I don’t defend the fact that he is a drug user but that doesn’t tell the whole story. Brad was in his early 20’s and in college. He had a good job he also worked while in college. He was at a party one night where the cops showed up and he got on probation for frequenting a place where drugs were being used as a few people were smoking pot. Odds are he probably was smoking it too as he does smoke pot. So he gets on probation.
A year later he is still in college and still holding a good job. He’s done well on his probation and things are going well with his life. No other arrests or PV violations. Then one night he’s at a friends house where they are playing the music too loud. Cops show and find marijuana. Brad gets busted for a PV violation and spends 60 days in jail. He loses his job and has to drop out of college that semester. And now he can’t afford to finish college since he’s lost his good job. So he’s working near minimum wage jobs with few prospects for improving in the near future.
Again, I don’t defend his use of marijuana as it is illegal. But for every Rayce Rindfleisch thats out there there are guys like Brad who aren’t drug dealers, who aren’t out committing other crimes, and who are leading otherwise productive lives. Its just like alcohol. Many people can drink alcohol without having it be any detriment to their lives or the lives of those around them – me for instance. Others can’t do this.
I find this story to be amusing at best….how about providing Brad’s information, i.e. name is all…so that we can check his records out on the court website. You don’t get sixty days on a PV violation for frequenting….unless there are other details to the story. Either the poster is Brad, himself, or Brad didn’t tell the whole story to the poster…like perhaps he was using. Even with that said, you don’t get 60 days on a first offense PV for smoking pot. I know alot of the guys at County Probation. They don’t work that way and neither does their supervisor who has to approve discretionary jail time requests, which then goto a judge for final approval. There is a set policy at the Magistrate Level which was imposed by District Judge Greg Anderson that any jail time for technical violations of probation in excess of 14 days requires a hearing before a judge. It is not a slam dunk and you have to do more than frequent a place where drugs are used.
As far as CR67’s objections about people who are simply “holding” drugs….they shouldn’t be locked in prison. The simple fact is that simple users that are convicted of felony possession are placed on probation in most cases. Call the District 7 State Probation Dept. and ask for Supervisor Jared Thompson (208-528-4220). He can tell you that for a fact. The people that are incarcerated for these types of offenses either have a serious prior felony record consisting of numerous arrests and convictions, or they violate probation by failing to attend treatment, failure to report, failure to work, using drugs again (repeatedly…not just a one time deal….usually on average of 3-4 chances), or committing new crimes.
As I said before, these assertions to the contrary deserve scrutiny. Please provide some more background information. Those of you who doubt what I have espoused here are welcome to contact the professionals who deal with this field every day. They will tell you what really is going on in our area. Don’t take my word for it, please check into this if you are skeptical.
I agree with Mike, it takes a lot of technical violations before they get PV-d, typically. And the 60 days really does sound excessive without lots more to the story.
But the big picture is that casual drug use is illegal, we do have lots of lives that are severely disrupted or destroyed by drugs, and it’s not being handled right in our system…leading to a situation that lets other offenders that we would rather be put away for long periods of time, to end up with light sentences or reduced incarceration.
In post 121 mike does not know what he is talking about when he insists that nobody could get 60 days for a first offense PV. A close friend of mine has a family member who was sent to prison (2 years so far) for a first offense drug use PV. And no, I am not giving the person’s name so you can tell me how they deserved it.
I don’t have to tell you anything about how anyone deserved anything. The fact that you won’t spout off the defendant’s name of a record that is public record anyway shows me you are making this up.
In the event a person has their probation violated, there is a report of violation filed with the court. This report addresses all the intermediate sanctions that are taken prior to the violation, i.e. substance abuse treatment, electronic monitoring, discretionary jail time (using a few days in jail to improve compliance), medication management, curfews, extra community service, etc…..so, if you want to “expose” a problem in the system cough up the name. Otherwise, I call your bluff.
I’m glad to see the comments of Mike, CR67, Nemesis and others in this thread. I still have hope someday that Idaho will enact some form of Jessica’s Law. However, that may require a different governor given comments I’ve been told.
So I think it is great everytime a post about those in prison or sexual predators is added here.
Because they are trying to do something positive to keep children safer, I say props to the I.F. City Council working on stronger Day Care Licensing Laws. I know it raises costs, which is difficult for many working parents. I’m not sure what to say to those parents, except how many dollars/day are you willing to pay for your children to be safer?
Ideally, all children would be safe wherever they are cared for during the day. I still remain concerned about neighbors caring for “a few neighborhood kids.” That is where I think uniform laws can help.
Please keep posting stories. In the new format Joe has where only 3-4 stories with the latest comments show up, I’m concerned that too many newer visitors many not even know this thread exists.
mike just always has to be right but nobody else can.
I am not making anything up mike. Why is it that anyone who disagrees with you is (choose one or more of the following options);
making it up
a dope smoking hippie
a damn liberal
etc. etc. etc.
I am not giving you names but when you tell me I am making things up you are lying. I know a person who has been in prison more than 2 years for a first time PV. Are you saying it’s never happened? You are wrong again.
Never said you or anyone else was a dope smoking hippie. My critique of your story has no mention of liberal or conservative. I admit that I did accuse you of making the story up if you don’t want to offer up a name. The fact that the person is in prison is public record. The report of violation is public record. If you want to be credible, then cite the case name. Otherwise, you are blowing hot air (minus the dope fumes and liberal chants of course).
Here is another lovely example of our Court system in Bonneville County. Sex Offender molests 13 year old boy (a family relative)…..anyone want to guess what his sentence was:
a) 6 days in jail
b) 60 days in jail
c) 60 months in jail-5 years
d) life
Read below for the answer…
If you guessed b you are correct. If you guessed c you should have been correct but the judge saw it differently and declared the offender was not a risk to society. I am trying to identify the judge and will post it when I nail it down.
http://www.localnews8.com/global/story.asp?s=8051787
Thankyou judge Joel Tingey. I am going to call Frank Vandersloot and tip him off on this lenient judge. I hope Frank takes care of him like he did to Judge Herndon! lol
Seriously, Tingey and Judge Moss are both very soft on sex offenders. Wouldn’t it be nice to ask them to explain themselves. The problem is that as judges they don’t have to. They also hide behind the “Cannon of Judicial Ethics” which supposedly does not allow them to comment. My question is: If this is the case, how do we know who to vote for? What a joke that we can’t hear from the judges themselves! What a nice setup for them and a bad one for the community and victims who want to be protected and see justice served.
Well even if they can’t comment, don’t we have the ability to remove a sitting judge?
If we don’t have that right, what rights DO we have as a public community whose needs are not being met by the judicial servants we are paying to do this job?
If we have the ability to do an early recall election of these local judges who are giving ridiculously mind-boggling lenient sentences to sex offenders, I will be first to sign the petition, and I will donate an afternoon to collecting signatures.
Count me in on this endeavor also. I think booths set up downtown and at shopping centers around would result in many signatures. I’m willing to do anything it takes to get this started if someone would just tell me what needs to be done.
El Diablo had a great point in another thread. He noted Post Register reporters should jump at this story as a way to tell the truth about the judiciary. This is definitely one area the media should take an active interest in to check those in power.
I would urge all posters here to send an e-mail to Cops and Courts reporter Nick Draper with a cc: to Korny Rolston (city editor). Let them know your concerns about Judge Moss and now Judge Joel Tingey. They should follow up on their 1/27/08 editorial on the sentencing disparity between eastern idaho judges, i.e. Judge Moss sentencing Lewd Conduct defendants to prison only 9.5% of the time vs. the average of 50% for other judges. (Tingey was not on the bench at that time to be part of the analysis).
Here are the e-mail addresses: ndraper@postregister.com and krolston@postregister.com .
If enough of us send them mail perhaps they can take some action and bring these awful sentencing practices to the light of day!
Hey, another lovely story out of Madison County and good ole Judge Brent Moss:
http://www.localnews8.com/Global/story.asp?S=8063164
Moss sentenced a young man in possession of child pornography video and images on a computer….pictures and videos where kids were getting sodomized…..Moss gave him 4 years in prison….not too bad…..but then did a doozy….he will allow the kid to serve 1.5 years in county jail and then decide if he will put him on probation. I bet the kid will be out in 6 months once the story dies down and Moss let’s him out.
So, this is just another example of Moss not being able to bring down the hammer and sent the criminal off to prison where he belongs. Leaves me just shaking my head. More of the same baloney going on. I truly hope the Post Register will expose Tingey and Moss for being soft on sex offenders.
One thing about prison vs county jails. I’ve talked to a number of persons who have been both places. They all agree that if they are going to be serving a long period of time, say six months or more, they’d all much rather do it in prison than jail simply because in prison they have more freedom and perks. The only advantage any of them have said there is to county jail is proximity to family for visiting.
I have no idea, but it seems from what I see on TV that prison would be scarier, you could get hurt there, compared to the local lockup where the jailers are on site…
I guess if I were a big strong fella that no one would mess with, I’d probably like prison better, but otherwise, ewww.
From what I heard, the sex offenders don’t fare well in prison.
Do you guys really think pedophiles can be rehabilitated? In California sex offenders are housed separately from the main pop. As for ousting judges weak on sex crimes/pedophilia, are you all aware of the Stogner ruling? California passed a law repealing the Statute of Limitations in molest cases, the law was appealed at the State level, and was upheld, only to then be overturned by the United States Supreme Court in Stogner v. California.
The Stogner ruling resulted in pedophiles who had been convicted in landmark cases and who were doing time being unconvicted and released, no registration required.
I for one can think of some reasons a Judge might be soft on pedophilia. Same reason they might be soft on Domestic Violence.
Crystal,
In response to your comment, # 137, I think it is very important to not label all sex offenders in the same group for starters.
I think there is a percentage that with the appropriate treatment really getting to the issues of why they have sexually abused, have at least a yearly plythsmograph, and had all of their supports in place, there is a percentage that can change.
I saw this after directing a program for sex offenders and victims, in another state, for 4 years, plus sitting on the Gov’s task force during that time. I also treated both offenders and victims. Most offenders are untreated victims.
IMHO -part depends on who quickly we prosecute and consequence for behavior. The average teen offender has had 100 victims. That is why the Gov’s Council I sat on focused on teens, trying to get mental health issues, perhaps their own living arragements etc. changed while they were teens with the hope that they would learn to monitor themselves.
Probably the easiest way I can explain how I see a percentage of offenders, is much like diabetics. Monitor their daily sugar levels, adjust medication, correct diet/food consumption etc. For sex offenders it is the same. Just a different prescription for each of what they need to successfully function in their own homes as spouses/partners, parents/grandparents or whatever; jobs; and other social activities.
For what it is worth, I don’t know if people really understand how greatly underdiagnosed depression and a couple of other mental health issues are. So for those people, medication maintenance would be a factor too.
There is also a segment of offenders that are true pedophiles and won’t change regardless of what is provided for them.
Just my experience of course, others may have different issues.
I agree that true pedophiles can’t change (part of my overarching belief that you can’t change what particular thing basically turns you on) but I do agree there are many levels of “sex offenders”.
I’m sure that if you catch the child early enough, and apply good socializing/civilizing intervention techniques, you could maybe prevent a lot of the offenses which I think of as “delayed maturity” (an older person, somewhere in their 20s, being attracted to teenagers). There’s probably a real name for this but I don’t know it…I do know that due to many types of abuse, some young adults don’t feel comfortable with people their own ages, as their social growth has been retarded, and they end up with teenagers.
People see them as pedophiles but I do not, I see them as socially delayed, more identifying with others in that younger age group (that they themselves probably lived in fear through and never really experienced) than with others of their own age group.
I knew some men like this. Most eventually grew out of it, but for a few years, it seemed like the only people they were attracted to were teenagers.
I also wonder if this is why these young female teachers end up sleeping with their students…delayed maturity.
OK4Now, I am truly astounded. I’ve never been made of any such concerted effort on behalf of victims. In fact I’ve never seen such a concerted effort to portray child molesters as victims.
Many child molestors were victims of child molestation themselves and they never got treatment and counseling. This is especially true of children who molest other children. An eight year old who gets molested sometimes copies that behavior onto a five year old. Then the five year old does the same when he’s older. And if this behavior goes unchecked you soon have fourteen year olds molesting eight year olds who molest five year olds, etc, etc. I think thats the point CR67 was trying to make. Molestation can be a vicious cycle and too often you find that the molestors were once victims themselves. It doesn’t excuse their behavior, especially if they are now adults, but it certainly should signal to everyone that we need to do more to help the victims of molestation while they are still kids.
Joe, re comment 37, look up CSAAS, Child Sexual Abuse Accomodation Syndrome.
I agree, El Diablo. If we have the opportunity we must take strong action while the person is young. The problem is, we don’t find out about the majority of the abused individuals while the person is still young.
I spent most of my 20s in a nasty angry state of mind, alternately depressed and enraged. I tried counseling many times but that didn’t work. It took me many years to finally come to terms with my childhood (note I didn’t say I got over it). I’m sure many others never do come to terms.
Crystal, that Child Sexual Abuse Accommodation Syndrome was an eye opener for me.
Great. It’s the basis for repealing statutes in these kinds of cases. The argument regarding the un-constitionality of repealing statutes makes perfect sense EXCEPT in light of the delays in reporting inherent in these kinds of crimes.
The following link may be of interest:
http://www.protectiveparents.com/index.html
be sure to read the Case Studies.
Another sex offender in our county got a slap on the wrist, this time thanks to Judge Anderson.
Rozanne McKelvie who along with her husband, who has yet to be sentenced, both had sex numerous times with a 14 year old. Rozanne is going to do 180 days after which she will probably be out on parole.
http://www.localnews8.com/Global/story.asp?S=8095030
I sent an E-Mail to the Post Register like Mike suggested in his post #133. I would encourage the rest of you to do so too. Maybe if enough of us make enough waves, someone will get the message and more people will be made aware of what is happening to juvenile sex offenders. It is almost like we are encouraging these “animals” to come to eastern Idaho, because the penalty if you get caught is only a slap on the wrist.
I completely agree! I’ll be sending my email today. Why aren’t the victims families coming forward more and shouting foul? (or are they and we’re just not hearing about it?)
Count me in too.
Maybe as long as Gov. Otter is in office, we’ll have to approach Jessica’s Law as a grassroots type of movement. Maybe by focusing on teens, like other states did over a decade ago, we can start to show some of us are really serious about wanting what is best for our “collective kids.”
That includes consequencing those who abuse them, providing treatment to those who are abused.
BTW – Crystal, in your post #141, I wasn’t quite sure how to take what you wrote. Certainly others did jump in with some stats of how untreated victims become perpetrators, repeating the cycle over and over again.
One thing I’d recommend, and it doesn’t take the Legislature to make it happen, is adopting the terminology used in other states.
For kids under the age of 12 who have been abused and subsequently sexually abuse another, younger child, we call them, “Sexually Reactive Children.” It makes sense to me, given that they don’t know why they are doing what they are doing (neither do the adults until they go through treatment, but it’s different with the adults).
I was made aware this last month of a family I know living in another state. When I first met them, the mother was pregnant with their 4th child. That kiddo was a boy. He will be 4 years old in June.
HE tried to do something quite specific to a neighborhood female playmate. As they should have done, the young girl’s parents notified law enforcement. So now this little guy at the age of 3.5 years+ has already been identified as being sexually reactive.
Will it help to get him intervention earlier? I’m not sure in this family, as truly it is taking on the parents/siblings as well. A 3.5 year old child doesn’t attempt what he did having never seen specific sexual activity.
The mom asked a professional I know, where he would have seen what he tried to do. Given that I’ve known the family for so long, that professional was essentially asking me the same thing as a clue of where to go with this.
It wasn’t hard for me, given what I remembered mom always talking about with the child just older than this little boy.
I’d recommend, to all adults, to read the law about what constitutes child sexual abuse. I don’t think this family will like it when they learn, most likely, this kiddo learned what he did being in his crib in his parents bedroom.
If you can’t abstract from there, then please ask Joe to give me your email address and I’ll email you more specific info, as much as I can, while protecting the privacy of this family.
TIME TO BE PROACTIVE IDAHO FALLS!
Keep the e-mails coming. See Post 133 for the e-mail addresses to send the Post Register mail to get on this story and protect the public.
Just what we need – another flippin law!
Hey Opinion…..why don’t you read the complete post before dissing the proposal? Or do you think it’s ok that our local judges and surrounding communites are so lax on child & sexual predators? The fact is, our local judges are handing down sentences that are equal to a slap on the wrist to these predators and most of us are fed up with it!
Wow- my little article, which is picking up a lot of posts recently, ranked #1 in the Google search for Jessica’s Law + Idaho! I never would have dreamed of the honor!
Thank you Joe, and thank you Google designers who direct Internet traffic.
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Ob a much more serious, sombering note, I want to add a link I don’t think has been posted at Idaho Fallz.Com. If it has, then that is my error. However, I don’t think it can be posted enough.
From the Salt Lake Tribune (www.sltrib.com) and the current 8 pages of readers comments after the story, “Trust shattered: The tragic death of Hsar Nay Moo,” written by Russ Rizzo, Jason Bergreen and Melinda Rogers, I’m posting something new to me. From a poster who posted as, “takingbackourrights,” I saw a link for an additional connection to an Amber alert.
This is the link if you want an Amber alert to go to your cell phone:
http://www.wirelessamberalerts.org. There is no charge for it. Perhaps some parents will find comfort in having this additional level of notice.
I heard the particular Amber Alert for slain victim, Hsar Nay Moo. I wondered when I heard the first one how far a child of her age could disappear so rapidly when just having been with her brother.
How far did Jessica Linsford live from her killer? Hsar Nay Moo, previously played in the apartment of the man who ended her life (as he has confessed) prior to and after he arrived to live there. Media estimate the distance between his home and hers to be 100 feet.
That is essentially 1/3 of a football field. Many of us have lived in apartment complexes during college, grad school or starting our first jobs etc. How aware were you of your neighbors, if you’ve lived in a complex of apartments? I had a landlord let me out of a lease, due to someone who moved next to me and what I noticed. I moved as soon as I could.
Would you have let your child play in an apartment simply because the residents immigrated from the same country as you did? I’m not judging her family. They have to live with the greatest pain of all. However, I’m asking all to think about where you live and think if anyone makes you uncomfortable, or you don’t want your kids playing where adults hang out, or in other unusual situations.
Most adults, even if not employed, have things to do during the day. Most don’t stay at home and watch tv with the kids, unless they work a night job- then they usually want to sleep during the day.
Until Gov. Otter is OUT OF OFFICE, I don’t have much hope for Jessica’s Law becoming a reality in Idaho. I’m slightly encouraged to see other groups/individuals addressing this much needed law, as I searched Google.
I’m not trying to derail the current discussion about sex offenders, how Idaho Falls area judges sentence, as I believe the Pocatello area judges have given more appropriate sentences (but I may be wrong, as I’ve only followed a few cases). I also want to encourage all who want to let our LOCAL MEDIA – yes I’d start with the Post Register, but wouldn’t end there- about how judges sentence, or not.
Maybe we should also send the same volume of emails to our local media about our views regarding Jessica’s Law. After all, the AP can pick up either a printed or broadcast news piece and distribute to other media. “Scouts Honor,” snipets were printed in more papers than I could count. Someone, if they wanted to, could write/show off their work, by a masterpiece about Jessica’s Law and Idaho.
After I learned that little Hser Nay Moo had been found dead, I simply see another innocent victim and wonder what it will take to MOVE Gov. Otter? Isn’t he a grandfather?
Really, what is the $ cost of inacting legislation either identical or closely related to the original FL law, or those other states have written?
FWIW, this is one issue people in the Treasure Valley would be happy to link with the rest of the state’s population to secure for Idaho. There is only one person really blocking the way, from what I’ve been told.
Is the life of an Idaho child less precious than that of a young, immigrent girl in UT or a pre-teen in FL?
If you think the answer is no, let the media and those who represent you how poorly ID is progressing in this area. While I doubt they are “chummy,” Otter could learn from neighboring Govs. in WA, OR, NV, or UT. However, I’m not convinced the Otter learns anything vs. espouses his views.
Perhaps Gov. Otter or one of his Aides would like to officially represent his view here. What a good time to do so when it is the #1 search on Google, when Idaho is added to Jessica’s Law.
Ok4Now – but deeply sadden there continues to be no progress on Jessica’s Law in Idaho.
So how do you know when an Amber Alert is actually about a criminal act against a child versus a protective parent trying to flee an abusive situation…and how do you feel about being complicit in cases not involving stranger abductions but in custody battles where the child is possibly kidnapped by for example their own mother in (sometimes clearly lawful) attempt at protecting the child from further endangerment?????
And again, I refer you to http://www.protectiveparents.com.
Amber Alerts are not black and white.
Amber Alerts provide a useful service to the community. If you see a child, you call the police. They get paid to sort the situation out whether it is an abduction or a custody battle. Let the police do their job and let the community do it’s job–being the eyes and ears for kids that might be in trouble.
So, what do we do? Gut the Amber Alerts because a custody battle might jump into the fray on occasion? That’s like cutting off the head to save the patient.
I agree, better to notify the public, who then sees the child and notifies the authorities, who then sort it all out.
I didn’t go into your link other than the front page, Crystal. Does it show somewhere on that site that sometimes Amber Alerts are misused by an abusive parent, to find the family members who are trying to hide?
I completely agree with Mike & Nemesis. Amber Alerts are extremely vital in the first 24 hours of an abduction. They’ve been proven quite valuable a number of times all over the country.
Nemesis, check out the case studies. In California, well over half of convicted batterers who file for custody get it. Laws protect persons who attempt to protect children from imminent danger including the imminent danger of being placed into the custody of a batterer. But these laws only work in theory, the police have a very limited role in family court cases.
Do your research, and make the distinction. Yes, Amber Alerts are very useful in STRANGER abductions. But before you make a call in a PARENTAL abduction alert, I hope you know your facts or you just may be ensuring a child is being forced into a more dangerous situation. Again, do your research before you meddle.
http://www.protectiveparents.com/cases.html
Excerpt From http://www.courageouskids.net/intro.htm
Read the whole site if you think you might respond to a PARENTAL abduction Amber Alert
“Fighting the “Hidden American Disgrace”
of Court Abused Children
We, the Courageous Kids Network, are a growing group of young people, whose childhood was shattered by biased and inhumane court rulings, which forced us to live with our abusive parent, while restricting or sometimes completely eliminating contact with our loving and protective parent.
Some of us, whose mothers tried to protect us from abuse, did not see our mothers for years, or were only allowed to see our mothers under oppressive supervised visitation orders. We were not allowed to hug our mothers, or talk about how we felt. Some of us were separated from siblings, grandparents and extended family. We lost our home, pets, toys, friends,… our childhood. We lived in fear, depression, hopelessness and helplessness for years. Some of us ran away from our abusers. Some could not handle the trauma and committed suicide.
We who survived, got older and stronger. Now we are telling the world how much we were hurt, first by our abusers and then by the court that refused to protect us.”
http://www.mothers-of-lost-children.com/
If you really care about kids read the aforementioned site in detail. Why wait around for an Amber Alert?
I thought police had to follow some pretty clear cut guidelines before issuing an Amber Alert? I would hope they are trained well enough to differentiate between hostile ex spouses and a child who is truly in danger, whether it be by a parent or stranger.
Would love to hear from local police officers how they would go about determining an Amber Alert for this area. I guess it’s case by case but are there clear cut rules that have to apply to every case before issuing an alert?
I read several of the children’s/teens stories on the site you mentioned – courageous kids – now I’m not saying their stories are not true, but what they wrote has been very heavily edited by someone. Having worked in education I can tell you the majority of high school, much less college students write, spell, or punctuate that well; especially those who have been tossed around the system for so long and had their education interrupted many times. In my job I learned to take what everyone said with a grain of salt, because even the most sincere sounding kids or parents would withhold important facts. They wouldn’t call it lying, just didn’t tell the whole truth.
Anyway, I think Idaho needs to get on board with Jessica’s Law – tougher sentences, etc. I agree with OK4Now the last few cases I’ve followed in the news, the Pocatello judges seem to be able to sock it to the perp much better than those up here.
There are no doubt problems with Courts giving abusers custody of children. There are no doubt problems with strangers abducting children. Crystal, you may have a problem with Amber Alerts, or maybe you know someone who has…..however, one doesn’t go about tying the hands of authorities who issue Amber Alerts. These alerts are not issued on a whim. Read this story from Salt Lake:
http://www.sltrib.com/news/ci_8792469
Additionally, there is a big difference between AMBER alerts and missing children alerts.
Here is some of the text from the link below that lay out how AMBER Alerts are issued:
The AMBER Alert system differs state-to-state with its criteria, although guidelines for a set of minimum criteria was issued by the Department of Justice after the PROTECT Act, passed in 2003, which most states adhere closely to.
The Department’s Guidance on Criteria for Issuing AMBER Alerts follows:
“Law enforcement must confirm that an abduction has taken place
(This means that someone must have witnessed the abduction of the child.)
The child is at risk of serious injury or death
(In most cases, a child is abducted by someone they know; In the most dangerous cases, they are abducted by a stranger. Law enforcement may evaluate a child’s risk dependent on whom the abductor is.)
There is sufficient descriptive information of child, captor or captor’s vehicle to issue an Alert
(Depending on the state in which the alert is being issued, the minimum information needed may be the license plate number.)
The child must be 17-years-old or younger
(This is the variable that ranges most from state-to-state, some having set the age at 10 or younger.)
It is recommended that immediate entry of AMBER Alert data be entered into the FBI’s National Crime Information Center (NCIC). Text information describing the circumstances surrounding the abduction of the child should be entered, and the case flagged as Child Abduction.
(The NCIC is a computerized database of documented criminal justice information available to virtually every law enforcement agency nationwide, 24 hours a day, 365 days a year.)
If these criteria are met, alert information is assembled for public distribution. This information may include descriptions and pictures of the missing child, the suspected abductor, and a suspected vehicle along with any other information available and valuable to identifying the child and suspect.”
http://amberalert.com/blog/2007/11/01/the-difference-between-a-missing-child-and-an-amber-alert/
I am guessing Crystal had some bad experiences in the past; however, AMBER Alerts aren’t the problem. The problem is clearly the abuser(s).
There’s no need to come off with a condesending attitude. You state one case study done in California and think it’s “the norm” and then try to compare “Parental Alienation Syndrome” with the basics of the Amber Alert. The fact is Amber Alerts are very useful, whether its in regards to a stranger abuduction, or a parent illegally taking a child out of a “dangerous or harmful environment”. There are still proper procedures to follow when it comes to the so called “good” parent attempting to flee from an “abusive” one.
We appreciate your doing some “homework” on the topic, theres just no need to post a rebuttal in such a condesending manner.
I’m quite sure if you did a little more homework, it’s not “the norm” for more than half of “convicted batterers” to gain custody of their children in this nation.
CR67, I sure wish you were correct in your last statement.
I just don’t see it being the nationwide norm, so how about we both do a little more digging over the weekend and see what we come up with?
http://www.centerforjudicialexcellence.org/cjefldocumentary.htm
http://www.womensenews.org/article.cfm/dyn/aid/641
:
April 3, 2008
Biased Family Court System Hurts Mothers
Run Date: 09/05/01
By Garland Waller
WEnews contributor
Behind closed doors of the family court system, thousands of women each year lose child custody to violent men who beat and abuse mothers and children. The writer says family courts are not family-friendly and betray the best interests of the child.
Editor’s Note: The following is a commentary. The opinions expressed are those of the author and not necessarily the views of Women’s Enews or NOW Legal Defense and Education Fund.
(WOMENSENEWS)–Studies show that in approximately 70 percent of challenged cases, battering parents have been able to convince authorities during custody battles that their victim is unfit or undeserving of sole custody, according to a recent report published by the American Judges Foundation.
That statement would have once shocked me, but no more. Nor am I surprised when I read that a family court judge has awarded custody of a 3-year-old girl to the father who has violently beaten her mother. I do not even lift an eyebrow when a 2-year-old boy, who comes home from unsupervised visitation with his dad, has a diaper filled with his own rectal blood and that same child is later turned over to his father on a full-time basis. And when a mother is thrown into jail, denied the right to ever see her children again, because she brought up the issue of child abuse in a family court, I’m sickened, but not shocked.
These injustices are commonplace today in the closed-door family court system. These courts often claim to operate in a manner consistent with the “best interests of the child.” In practice this often means that a judge, often a male judge, biased and imperious, defines that phrase. These judges decide, time and time again, when a woman raises the allegation of sexual abuse in a custody dispute, that it is she who will lose her children forever.
I used to think that the family court system was basically fair. That was before my childhood friend, Diane Hofheimer, asked me to consider doing a documentary on the family courts. She had taught herself the law so that she could work with her attorney husband, Charlie Hofheimer, in their Virginia law practice. …”
“Domestic Violence and the Courtroom: Understanding the Problem … Knowing the Victim,” American Judges Association and American Judges Foundation:
http://aja.ncsc.dni.us/domviol/booklet.html
from http://www.smalljustice.com
WELCOME TO SMALL JUSTICE.COM
“Studies show that batterers have been able to convince authorities that the victim is unfit or undeserving of sole custody in approximately 70% of challenged cases.”
The American Judges Foundation
“Domestic Violence and the Courtroom, Understanding the Problem…Knowing the Victim”
Check out the latest news on the Small Justice News Blog.
Small Justice, an award-winning, independent documentary, exposes a lurking national scandal. Contrary to everything you might think, everything that makes sense, men who beat their wives, sexually abuse their children, and then ask the court for custody, usually get it. It is so counterintuitive, most people simply do not believe it is possible for a judge to hand over custody of children to men who beat their wives and sexually abuse their children. But it is something that happens every day in America, in every state, because the system is broken.
http://www.batteredmotherscustodyconference.org/Media_Breaking_The_Silence_Childrens_Stories.htm
Dig away!
Okay, let’s do away with Amber Alerts because of bad experiences in the justice system. In fact, let’s do away with the entire justice system because of these bad experiences. Does that really make any sense even with all the digging that Crystal has done (which by the way, IMO, seems to be about as excessive as Live Free’s personal comments were getting)?
There are bad things that go on out there. Amber Alerts are not the issue or the problem here….sexual offenders and some judges that treat them with kid gloves are the problem….abusive spouses are the problem….it appears very misplaced to blame poor family outcomes on an Amber Alert system or for that matter even Courts that are ambivalent at best and biased toward outcomes that do not protect children in many cases. Amber Alerts are good tools for law enforcement to bring to bear in cases of abduction or the other factors that I laid out in Comment #164.
Excellent job explaining to Crystal what I’ve been trying to say all along. It really boggled my mind regarding her stance “against” the Amber Alert. I mean seriously, how can anybody in their right mind claim that the Amber Alert system isn’t an awesome tool thats been proven effective in thousands of cases?
Heaven forbid a child of hers gets abducted….would she reject the help of the general public by the use of an Amber Alert to find her child as quickly as possible? I seriously doubt it!
******Caution***** *****Blown Out of Proportion Alert*****
There have been numerous instances where innocent men & women have spent years in prison, and were later proven to be innocent. Should we do away with our court system because of these mistakes made by the judge and jury? I think not!
And the same thing applys to the Amber Alert.
So it looks like we’ll have to agree to disagree on this one Crystal.
I think Amber Alerts, issued for missing children (and the police have established the situation fits their guidelines) are a valuable tool for locating a missing child.
I also believe there are serious issues that are out there around the safety of abused children. The issues are widespread throughout our society, and I believe that ending the Amber Alert system would not be the way to address (or even begin addressing) these issues.
I have not advocated doing away with Amber Alerts. I hope the info in links I have provided is read with greater care than were my comments here.
Crystal, in ##159 you wrote:
“Yes, Amber Alerts are very useful in STRANGER abductions. But before you make a call in a PARENTAL abduction alert, I hope you know your facts or you just may be ensuring a child is being forced into a more dangerous situation. Again, do your research before you meddle.”
The truth is, if I see a child that is listed on an Amber Alert I’m goint to call in. I trust that the law enforcement staff who issued that alert knows what they’re doing and I’m not going to second guess them “before I meddle”.
If they issued this alert for a child who was pulled away by a parent to rescue them from an abusive situation, I won’t know that. However, the parent that took the child will know that, and should be working with appropriate agencies/authorities to resolve the situation.
That part of the equation is not mine (as a member of the public) to deal with. My part is to see the Amber Alert child and report the sighting.
I guess I’m not understanding the point you’re trying to make, if it wasn’t to have the general public take extra steps to try to figure out if the child abduction had any merit to it because of allegations made by the abductor against the custodian…before responding to an Amber Alert. That thinking just really circumvents the use of the alert, in my opinion.
Mike and CR67, I believe we share the same beliefs here. Mike, I had previously read what Rebecca Walsh had written – what you linked above. IMHO, it is a good article to read.
In the case of Hser Nay Moo, South Salt Lake City Police Chief, Chris Snyder, said he would be criticized no matter what he did. Police and volunteers searched for the child prior to the official Amber Alert being issued. But, we have a Constitution which law enforcement must follow.
As “Reader” asked in Comment #163 and Mike answered in #164, each state does have their own guidelines of when to issue an Amber Alert. As many have agreed in this thread, Amber Alerts have done a lot of good, when issued per protocol.
Chief Snyder didn’t immediately issue an Amber Alert and actually some asked him to wait longer than he did. Instead he utilized what is apparently a new option in Utah, mobilizing the new Utah Attorney General’s Child Abduction Response Team (CART) to arrive. Through that office, efforts of local law enforcement (in this situation with the City of South Salt Lake and the Salt Lake County Sheriff’s Department) as well as the FBI were coordinated. This is the first time, apparently, that CART has been utilized in searching for a missing child.
Some, as I think Crystal is suggesting, believe Amber Alerts are being issued too frequently. Some don’t, when the life of a child is at risk.
There is a fascinating Adobe attachment in the following article:
http://origin.sltrib.com/news/ci_8765468. It addresses all the Amber Alerts issued in UT since Elizabeth Smart and the success rate of recovering the child. I believe it is only 4 children who weren’t recovered alive, but haven’t looked at the graphic for a while, so I could be wrong.
As Crystal suggests, and this Adobe attachment also alludes too, several abductions were by family members. However, I think the questions become a little different in those cases and still support
issuing the Amber Alert.
Look at how quickly children abducted by other family members, or live ins were recovered. How can one say the outcome would have be as positive, if an Amber Alert hadn’t been issued? Is that abuse or over-use of Amber Alerts?
In my mind, an Amber Alert is alerting the public that a child is missing, and law enforcement needs help with all tips possible. Maybe I have failed to understand the concept of Amber Alerts.
Finally, I didn’t check the many links you provided Crystal. I commend you for providing published work for the points you want to make. However, many of us already know, via various jobs, about parental attempts at abducting a child.
Do you know one of the most difficult shifts to staff at a children’s hospital E.R. is? It’s not high volume trauma time or the never ending day. It is Sunday afternoon/evening. It is hard to staff, as talk about abuse, too many families have that emergency room visit preplanned, upon the advice of an attorney. Whether bruises or other physical findings were present or not, the attorney wanted photographs taken and official medical notes on the record so the physicians could later be called to court to testify in cases they really knew nothing about, beyond a one time E.R. exam.
There is a special name among the child protection and E.R. staff for these type of “emergencies.” However, it is best for me not to share it here. I’ve met very few in healthcare who entered their respective professions to be “used” by attorneys so their testimony and clinical notes could be used to alter custody arrangements, given the findings (or lack thereof) on one examination of the child.
I admit I haven’t seen all of Michael Moore’s Sicko, but have watched some and have listened to others who have watched it. I wonder if the cost of increasing health costs addressed the abuse of the E.R. by parents and attorneys, showing up for a child to be examined, who wasn’t sick?
I support Amber Alerts even in family abductions, as those family members need prosecuted quickly to send messages to others contemplating the same actions.
And from my POV, children are children. Regardless of who abducted them, I believe responsible, caring adults need to be involved in tipping off law enforcement or actually looking for the child. How else will the child ever learn to trust adults, when used as a pawn in some families?
Does anyone know how many Amber Alerts Idaho has issued, and the rate of recovery of those children?
http://www.unh.edu/ccrc/
Crimes Against Children Research Center
Forgive them for they know not what they do
Wow….still at it huh?
Why don’t we get back on the topic of this post which is the “Jessica Lunsford Act”. And the fact that our local judges continue to give sexual predators “slaps on the wrist” for sexual crimes & molestations committed against the children of SE Idaho?
Or perhaps at 180+ comments….this topic has pretty much burnt out and we’re just running in circles.
Chief Snyder, So.Salt Lake City, Utah called A Child Is MIssing Alert program and we in turn sent out approximately 1700 alert phone calls several times to the area the H.Moo Child was last seen. So the community was alerted in their homes. Over 800,000 children go missing every year… there is no way you can issue an Amber Alert for all of those that go missing. It would not be effective when needed.
That is where A Child Is Missing Alert program fills the gap between law enforcement and the Amber Alert. Over 335 safe assisted recoveries to date. There is a 2 hour window to find a child and when that is up a child may suffer the worst possible fate.
All of us that assist law enforcement do the best we can and with new technologies we can react very fast. ACIM can do 1000 alert phone calls in 60 seconds. We save lives along with law enforcement. We also assist with the CART call outs in many states. ACIM is a national program that is free to law enforcement.Please visit the website: http://www.achildismissing.org
Wow, that is good information and I’m hoping that our law enforcement officials are looking into this program. I think you’re right, that an Amber Alert is not as quick nor is it really widespread. I personally only see them if I happen to watch the news or get an email from someone about it.
But my telephone or a voicemail would get to me quicker.
Thanks for the link.
I am presenting a persuasion speech on Idaho and Jessica’s law for my college class.
Has the fire burned out on pressuring the govenor, information seems to end about a year and half ago.
I have lots of good information, but is any one or group continuing to try and get this law passed?
Concerned,
Trina Westberg
It will be interesting to see what kind of time this low life will get for molesting kids for the past 29 years. http://www.localnews8.com/Global/story.asp?S=8149174
Unfortunately, they say the statute of limitations have run out on a number of cases involving this man.
They need to put this man away for life. I don’t see any type of rehabilitation helping this person. (castration perhaps?)
Well, being that the case is in Madison County, the good Judge Brent Moss will be involved. I expect that the good judge won’t send this guy straight to prison. He will probably play the same game he always does, send em to Cottonwood for 120 days for further ‘evaluation’.
Trina,
In response to your comment #186, I’d encourage you to check Bill O’Reilly’s website. My understanding is Idaho is only one of 4 states in the U.S. (MT and WY being 2 of the others) who have NOT progressed with Jessica’s Law.
Any good search engine with Bill O’Reilly, Jessica’s Law and ID will get you where you need to review for your class.
Let us know what you find. Let us know if there are any new strategies for influencing Gov. Otter. You may be surprised general web info, from other Idaho residents who are concerned.
Good luck in your search and possibly solution to getting Gov. Otter to listen to adults trying to protect Idaho children.
Well whaddya know! That low life that’s been molesting kids for almost 3 decades is out of jail tonight and relaxing at home! I just can’t believe the judicial system in this messed up state! Guys like him go free after a night in jail and druggies get 15-20 years. Something is definately wrong with this picture! Seems we need to get our priorities straight!
I agree. I have long advocated civil commitment for sexual predators of children. Most would agree (see, for example, Wesley Alan Dodd, molester/murderer of small boys in Washington State, who stated, before his execution, that he would certainly rape more children if ever set free) that if released, their “urges” will occur again.
In other types of cases (murder, for example), when someone is found “not guilty by reason of insanity” or “guilty but mentally ill”, they can be committed to a secure institution until they are no longer a danger to themselves or others in the GBMI cases, they are then sent to prison to serve their sentence). There was a state (Kansas?) several years ago, that was experimenting with such “civil commitments” but I don’t know what happened. I will try to research that.
Bottom line: what more of a “danger to others” is there than a predatory sexual offender?
Here comes the ACLU storm on my head. . . .
BTW, I am talking about “civil commitment” after the predator has served his/her criminal time for their offense.
here is a link to a wikipedia discussion of the Kansas case I was talking about, as well as its subsequent history:
http://en.wikipedia.org/wiki/Kansas_v._Crane
Wow. I think that critical piece of “lack of control” is the sticking point for all civil commitment types of issues. And in very few cases could we prove there is a lack of control after only one conviction (unless the conviction were for a number of victims over a period of time).
I also want to put pedophiles away for life. I’m not interested in putting them in a regular jail where other inmates will exercise their machismo by hurting or killing them, but rather in a safe place to live out their lives, unable to endanger our children ever again.
I agree this is where the ACLU and I would butt heads. However, it’s a protection of society issue, and these people can’t change who they’re attracted to, ever, they can only attempt to control the urges.
As a side note, it’s interesting to me to hear some people say, “hey, I’m straight and I will never be attracted to someone of my same gender” along with “these pedophiles will never change, they will always want to molest children” but they still insist on thinking “a homosexual could change if they just wanted to, so they must just choose that lifestyle”.
I truly believe someone can’t change who/what they’re attracted to, it’s part of who they are, internally. And for those people who are attracted to children, (who can’t possibly give valid consent to sexual activity), we need to permanently put them away for the good of society, once we’ve discovered they have acted on this attraction.
“A safe place to live out their lives”??? Are you kidding me Nemesis? Do you honestly believe he deserves that? I don’t personally. He took the innocence of numererous children over the span of 29 years, that we’re aware of that is. More often than not, people like this have been molesting children far longer, it just so happens they finally got caught and that’s the first victim they were able to tie him with 29 years ago. This scum does not deserve to “a safe place to live out his life”! I know you don’t like name calling on the site, but I call him a scum because no real “man” would do this to a child! It just sickens me to no end that somebody could do this to a child. He deserves to be put in general population where the other inmates despise pedophiles and child molestors. He need to experience what it feels like to have somebody bigger than him violate him in ways no person should ever be violated. I’m sorry, but I’m all about “an eye for an eye” when it comes to issues such as this. This person deserves no mercy and I can’t even believe the judge set his bail so low, let alone gave him bail at all! It’s an absolute outrage and like C67 said, the judicial system in this state needs to get it’s priorities straight and start protecting our children more. We need harsher sentencing and free counseling for the victims of these horiffic crimes.
I’m going to stop there for the time being because I’m getting too worked up too early in the morning.
I was just shocked to here you say this person “needs a safe place to live out his life”. In my opinion he lost that right when he decided to molest children for the past 3 decades!
Has anyone sent their letters to the Post Register as suggested by Mike in Post 133?
Do the words “Cruel and unusual punishment” mean anything to you? It’s a constitutional right to NOT be subjected to this. I totally agree that these guys need to be put away for life, but safely.
TMI alert, don’t read further if you don’t want to know too much personal information about me.
I was molested for a period of time over several years as a child, by my dad and two of his friends (one married and one single). Nothing was done to them because it was never reported to the authorities, although after it was over I did tell my stepmother and she told the wife of one of the men. (Neither of the women left their husbands.)
That other married man (at least) continued to offend and was eventually arrested for things he did to another child 10 years later, and given 3 years of probation. HA! I was so mad. I knew he had to have other victims in between.
That crappy probation sentence was 25 years ago. I’m able to look back on it pretty calmly now. And, I can say, constitutionally, all prisoners deserve to be protected from those of us (or others) who would harm them.
Because of my history, I totally understand the disgust, the anger, the need to inflict harm on the perpetrator. If it were done to my child I’d be first in line to kill them outright. That’s where the rest of society needs to step in to stop me, and let the law prevail rather than my personal need to take an eye for an eye.
Thanks for letting me speak my piece!
That’s the problem Nemesis…..”the law” is not prevailing in these situations. Especially in this state. I think it’s a freakin outrage myself, and I have to side with 007 on this one. You’re letting your liberal views blind you on this. This guy gave up ALL rights to his life when he decided to molest children for almost 30 years! He doesn’t deserve to live and he certainly doesn’t deserve to “live safely” in my opinion!
Let alone have such a low bail set so this bastard can get out of jail the very next day!
Right, I agree that he needs to be put away forever. (Libertarians are against the death penalty.) But regardless of what he did, he is entitled to his constitutional rights of protection from others while serving his time, otherwise it’s cruel and unusual punishment.
Laws such as Jessica’s Law help our society get these perpetrators off the streets. We really need to have something stronger in Idaho.
I disagree that it’s a liberal viewpoint to protect the constitutional rights of people even after they commit a crime. I think it’s a patriotic viewpoint. I believe in the Constitution.
Nemesis, I’m sorry to hear what happened to you.
You don’t have to answer but you are in a unique position to answer a certain question that I think many don’t think about when they demand tough sentences. Don’t get me wrong, I think its an outrage that so many molestors around here have gotten slaps on the wrists lately but I also realize that sometimes there are other considerations.
Anyway, my question pertains to your father. If things could have been different and he’d been caught and charged what kind of sentence would you have wanted at that time and looking back what would your feeling be about it now. I realize this is highly personal so if you don’t feel like answering I understand. But what people don’t tend to realize is that when your dealing a with a parent molestor no matter what you do your going to be punishing the child because often that child still loves the parent despite whats happening and the child will blame themselves if their parent is sent away for many years. Obviously something has to be done to protect the child from future molestations, don’t get me wrong, but the courts will sometimes consider the complete loss of a parent when sentencing. Its very easy for those who have never faced this to say the child is better off if the parent is gone forever but in my experience I’ve found that victims of abuse sometimes have differing opinions. I even know some victims who have gone on to adult life and managed to establish a fairly decent relationship with the parent who molested them, something that couldn’t happen if the parent was locked up for life. And of course I know some victims who want nothing to do with that parent. There are no easy answers or solutions when dealing with a parent molestor.
Thanks for your kind words, El Diablo, but it’s ancient history to me now. I bring it up just to point out that I understand what it’s like to be on the other end of this, so if folks think I’m kinda easy on the perps by saying they should be safely put away for life, they should know I’ve got a history.
I agree there are no easy solutions. I also know that studies show the child typically still loves the parent and is horribly conflicted, sometimes to the point of recanting.
I can tell you that I high-tailed it away from home as soon as I could get out of there. My parents left Idaho and went back to Kentucky after I got married in 1976, and I saw my dad one final time over the Christmas holidays in 1977. I spoke to him by phone only 3-4 times in the next 25 years before he passed away. We never ever discussed it. He became a Pentecostal preacher there, and I was told that he ‘confessed’ to his congregation in the early 80s, and they ‘forgave’ him. That made me incredibly bitter, I remember.
I am still ambivalent about whether I should have tried to establish a good relationship with him as an adult. My daughters never met him, and I apologized to them when they were adults, but they both said they understood. I didn’t go to his funeral, but I did feel bad enough to take one day off to mourn (probably just feeling sorry for myself more than anything.)
If my dad had been arrested, I don’t know how I would have reacted. I’m trying to be honest about it, and I guess that even though I knew that what he did was wrong, and that I was innocent, I probably would have felt very very guilty about turning him in. I have no idea what kind of sentence I would have wanted. Is the child better off with the parent in jail? If it makes them safe, absolutely. Beyond that, it’s really hard to know, and you make a great point about trying to decide what to do in those situations.
Whew! How strange to be discussing this so dispassionately! But don’t feel sorry for me, it’s over and done. What we need to do now is work towards helping the children of today and tomorrow to not be in danger from repeat offenders. Jessica’s Law would help.
Thanks, Nemesis, for your honest words about your dad.
I know you say you are past it now, but it sounds like a difficult road to where you are today. Good for you for not choosing to be like him!
In my experience, some people are victimized more than others, when being sexually abused. It depends on whether coercion, bribes or how the victim was groomed. Another major factor also depends with what and how the victin is threatened by the perpetrator.
I honestly don’t think the victimization of any two people are identical. There are so many variables.
Again, I appreciate Nemesis sharing the memories s/he did.
I agree. It takes a big person to come out and talk about something like that and I have to give you props for having the courage to speak out. Thanks for sharing your experience with us, it couldn’t have been easy to talk about. It’s hard for any of us to “say” what we would have done in that situation and being a family member like that had to make it all the more difficult. O4N is exactly right in saying that many people choose to be “the victim” and take the “whoa is me” route, and others choose to put it behind them and move on with their lives. It’s nice to see that you’ve chosen the latter.
Thanks again for sharing.
Thanks, OK4Now.
I agree with you that there are different levels of victimization, especially when coercion and threats are used.
I think that El Diablo hit on a very pertinent point, that parental abuse is very difficult for the entire family. Since most abuse comes from family and friends, there’s a tremendous amount that is well-hid from the public. It’s the stranger abuse, which is very rare by comparison, that gets the headlines and the outcry.
Stranger abuse also feels easier to adjudicate, because it feels good to sentence that person to long periods of time in prison, and get them away from society. But it feels different when you have a family all devastated and broken up and you think to yourself, “Gee, maybe with some counseling and strict probation, this otherwise productive and happy family doesn’t have to be torn apart…” and it becomes tougher to decide.
Of course all us on the outside of this picture, all we see is the relatively light sentences and we get angry and think we know better. (Myself included, at times.)
On this website we armchair-quarterback EVERYONE!!!
Thanks, CR67. As I said, it’s over with now. I had a hard time of it in my 20s, but after a while, I just decided it wasn’t going to define me.
So, I moved past it, for the most part. I know it can be done.
To be an “armchair quarterback” IS the defenition of a “blog” ….didntcha know that?
ha!
Gosh, that’s so true! It’s almost 100% opinions, very few facts, and we second guess everyone based upon our mental models mixed in with what we have been told.
It’s not like it’s journalism, it’s tabloid mentality! And I’ve prided myself for years to be above that, only to just now realize that I’m thick as thieves with the very sleazy ooze I make fun of all the time!
Oh, the humility. I HATE it when I realize I’m no better than anyone else, after all! (But I love it when I have epiphanies like this one…)
Thanks again, CR67, for bringing me closer to the light. hee hee.
lol….yeah I know, I always felt the same way as well.
But it’s just so hard to resist and it’s oh so much fun to come on here and debate each other by using our life experiences and opinions on different topics. And I think that because it stays fairly civil around here (at least for the most part) is a big part of what keeps us all coming back for more.
Ditto to all. . . especially ditto to those comments praisig Nemesis for her honesty.
I just received an Amber Alert text on my phone from a friend. This alert looks suspiciously like a fake one that was going the rounds a few months ago. The police actually contacted my daughter for forwarding this fake amber alert months ago. She forwarded it thinking she was doing some good.
I did a quick internet search, and all I could find was reference to the scam alert a few months ago, nothing recent here in Idaho Falls.
I won’t forward any more of these, and I’m sure my daughter won’t after the rude talk she got from the police.
I’m just wondering how you find out if this is legit? It’s horrible that something that can do so much good has to be ruined by idiots with nothing better to do.
My daughter has been molested. I have been told that he will get a six month rider, if we are lucky, even though he is being charged with a class A felony that carries up to a life sentence. Most likely he will serve a little local jail time, some probation and have to register. I am trying to get more justice for my daughter and I don’t know how. If anyone out there can help please let me know. Thank you.
April, I’m sorry for what happened but a rider isn’t the end of the world as many don’t understand the whole details of that.
Most sex offenders get sentenced to a lengthy prison term but are ordered to serve a rider first. You see it all the time around here and there is the typical outrage over it from those who don’t understand why. The purpose behind the rider is that the Cottonwood prison is where they do evaluations on sex offenders to determine their risk of reoffending. Upon finishing their riders the offenders are usually brought back to the originating court, assuming the judge retained jurisidiction which they usually do, so that the judge can then reevaluate the offender. The judge can then order them to serve their regular prison sentence or let them out on probation.
Its happened both ways around here. If you look through this thread you’ll see examples. You’ll also see examples of people who don’t understand how the system works. Michael Nef was a very bad offender up in Madison county and he got a rider so that he could be evaluated. There was all kinds of outrage in this very thread about it even though it was clearly explained by the judge the rider was for the purpose of the evaluation. Once the rider was up the judge found that Nef needed to go to regular prison. Of course sometimes you see them released.
In your situation I can’t even begin to speculate without knowing more details that you may not want to provide. How old is your daughter? How old is the offender? If your daughter was a teen was this a case of legal consent where the teen was willing but couldn’t legally give consent. Is your daughter the only victim? Does the offender have a history? How many times? Was it full molestation or was it fondling?
I’ll hold my tongue.
April, there are a lot of questions that have to be answered first. I thought the same thing when this happened to my daughter, but he didn’t get out after his rider. Of course I went there to court and told the judge absolutely not to let him out. He was a reoffender on this, I did alot of my own research to find things out. The county that this happened in did a lot of mistakes and I am still waiting for the outcome of all of it from 3 years ago. I hope for the sake of things it works out for others when it all comes down to the end of it that I can help stop it from happening in other counties again. The county is a goof up in any of its cases. But you only find things out by doing your own research. One thing though make sure the county where this happened at has given commission of pardons and parole your contact info so you know the movement of the offender, cause I found out the hard way, I never knew anything about the prisoner until I asked why he was getting all the parole hearings and I was never getting told of this. It was all because they sent the sex offender to prison and didn’t list anyone as his victim.
http://www.foxnews.com/story/0,2933,558160,00.html
Gotta love the Fox Headline re: Jessica Lunsford case.
Pretty young to die of natural causes, at least taxpayers in Florida don’t have to foot his bill anymore.
Can you do it while hanging upside down drinking a glass of water?