Sex Offender too short to serve prison time

[Superman79]

I wonder how old the kid was. 17 or 12 or what?

around 10-12 if I remember right

 

[Bill]

everyone else is paying to try to stop stuff like that ever happening again, so why shouldn't i. i wouldn't trust my thoughts when angry either.

But you see, we're not paying to stop it. We're paying to incarcerate those who have already done it. You're going on the hope that psychopaths have some hope of being rehabilitated. Most don't. And since you'll also be paying for their defense, if it's good enough, they'll be out soon to repeat their act on another helpless family. Oh Happy day.

Granted, the general run of criminals are petty, and with some education and help, they might be rehabilitated and become usefull members of society. But why should we have to pay for that? Do you offer to pay for those who seek psychiatric help on their own? Shouldn't they bear the responsibility of their treatment? I say give them jobs designed to bear the financial responsibility of their crime and their incarceration.

 

[Outsiderzedge]

http://www.msnbc.msn.com/id/12969163/

Judge rules sex offender is too short for prison
5-foot-1 man gets 10 years probation for sexual assault of a child

Updated: 5:37 p.m. MT May 25, 2006

SIDNEY, Neb. - A judge said a 5-foot-1 man convicted of sexually assaulting a child was too small to survive in prison, and gave him 10 years of probation instead.

His crimes deserved a long sentence, District Judge Kristine Cecava said, but she worried that Richard W. Thompson, 50, would be especially imperiled by prison dangers.

"You are a sex offender, and you did it to a child," she said.

But, she said, "That doesn't make you a hunter. You do not fit in that category."

Thompson will be electronically monitored the first four months of his probation, and he was told to never be alone with someone under age 18 or date or live with a woman whose children were under 18. Cecava also ordered Thompson to get rid of his pornography.

.....................................................

Only in America

It's Brian Peppers!

You all suck. Even a judge out in the middle of no where (Nebraska) knows to cut B-Pepz some slack...

 

[Danalys]

But you see, we're not paying to stop it. We're paying to incarcerate those who have already done it. You're going on the hope that psychopaths have some hope of being rehabilitated. Most don't. And since you'll also be paying for their defense, if it's good enough, they'll be out soon to repeat their act on another helpless family. Oh Happy day.

Granted, the general run of criminals are petty, and with some education and help, they might be rehabilitated and become usefull members of society. But why should we have to pay for that? Do you offer to pay for those who seek psychiatric help on their own? Shouldn't they bear the responsibility of their treatment? I say give them jobs designed to bear the financial responsibility of their crime and their incarceration.

incarcerating them normally stops them. certainly more can be done tho not less.

 

[Darthphere]

It's Brian Peppers!

You all suck. Even a judge out in the middle of no where (Nebraska) knows to cut B-Pepz some slack...

 

[Ahura Mazda]

Height should not be an issue for prison because if they had the height to do the crime then they must pay the cosequences of it. Plus what's next...he cannot go to prison because he is not strong enough...and who can judge that. This based on the article sounds absolutely ridiculous.

 

[Maxwell Smart]

So if I came over and decided to cut your siblings and/or parents up into little chunks for the fun of it, you're going to want to pay for my food, clothes, books, workout equipment, cable TV, and the hourly wage of the psychiatrist who listens to my problems?

Bill of course because anyone who does that sort of thing is mentally sick. Period. I just don't that buy anyone who truly comprehends what they are doing does these types of things.

Its what a civilized society does. Like SpiderB said, these types of issues tap into a primal part of the mind. You're thinking with emotion, not logic.

Ok, first off, prisons are not lion’s dens. Yes, they can be dangerous, cold, not nice places to be. But guess what? THEY”RE SUPPOSED TO BE!!! It’s called deterrence.

They aren't meant to be the Hilton, but they should be livable. If you have to be able to survive physically like with the current conditions then its not livable.

Bullcrap! A man called into the radio as the matter was being discussed while I was driving to work today. He was a Hispanic gentleman who was around 5 foot tall. He was in prison for 3 years for a felony assault. He is now a productive member of society. He was in a Nebraska prison and he survived. He said himself that height doesn’t matter. And you make prison sound as if they are being flogged daily. They have it much better than you know. High caliber workout facilities, library, better food than we feed to our schoolchildren or college kids, and a chance to earn degrees on the taxpayers dime. Oh yeah, REAL tough life behind bars.

No its not. You know how I know? My own father was in prison for several years. Being confined like an animal is never easy no matter how you try to spin it.

Treatment and counseling? Tell that to the parents of Jetsetta Gauge in Iowa who’s pedophile killer was given counseling and parole from his previous offenses.

To hell with those people. They don't matter whatsoever in the Justice system. Its between the offender and society. The justice system aren't supposed to be therapists for the victim's family. They never showed even an inkling of concern for the mental problems I went through with my dad's arrest and incarceration. It sucked, but its not their job for either side(victim's family or perpetrator's family).

WHAT!?!?!?
The judicial system does not need to take into account height, weight, sexual orientation, favorite color, or even age. It should do what it does, take into account the crime, the victim, and the law. End of story. You get judges weighing all these little factors and the system slows to a halt. The point of prison IS punishment. Justice is blind. You commit the crime, regardless of who you are, and you do the time. That is how a “civilized” society of laws works. None of this crap about lovey dovey feelings. It’s right and wrong, legal and illegal, crime and punishment. Period.

No not period. The Justice system doesn't take these things into consideration when it comes to conviction. However when taking sentencing into account the safety of the convicted must be considered. If the Judge truely felt he would not be safe in Prison, then he made the right decision. Now, it shouldn't be that way. The Prisons shouldn't be in that state.

I apologise for going off, but it is seriously that sort of wishy-washy sentiment that puts dangerous people out on the street to harm innocents. Honestly, would you feel this way if it were your daughter/sister/cousin that was molested????

You need to calm down, and stop making emotional arguments. You just said yourself the justice system is unemotional, so why does it matter how I would feel? And it doesn't, btw.

 

[Maxwell Smart]

Height should not be an issue for prison because if they had the height to do the crime then they must pay the cosequences of it. Plus what's next...he cannot go to prison because he is not strong enough...and who can judge that. This based on the article sounds absolutely ridiculous.

The system has to ensure the safety of all those in it's custody.

 

[Superman79]

The State should have to abide by certain principles of human rights.

The Justice system isn't about revenge, its about prevention and rehabilitation. If someone can't be rehabilitated, then the justice system's responsibility is to keep them seperated from the rest of society. The justice system has no responsiblity to the victim though IMO. That is up to civil courts.

Actually Max, in the legal community there are three schools of thought about criminal justice. Reformist (rehabilitation), Retributivist (punishment), and then a combination of the two (i forget the name).

Anyway, it can be argued the prison system fits any one of these. I normally sit with the combination thinking myself, but it has been proven over and over again that most if not all child molestors are beyond rehab. I mean, when crime is so bad even murderers and drug dealers can’t stand the criminal...I dunno I lost my train of thought. But to not send a guy to prison because he’s short is not sound legal reasoning. Especially in Nebraska, it’s not like the felons here are THAT bad compared to say LA or Levenworth.

And technically the justice system DOES have a responsibility to the victim. It is the government's responsibility to act in the best interest of innocents (hence abortion legislation). One arguement is this. He's now free to molest this same girl again, and she will now be more afraid to come forward about it, seeing that nothing was done to protect her the first time. She may feel trapped.

Not saying it WILL happen, merely that it COULD.

 

[Bill]

Bill of course because anyone who does that sort of thing is mentally sick. Period. I just don't that buy anyone who truly comprehends what they are doing does these types of things.

Its what a civilized society does. Like SpiderB said, these types of issues tap into a primal part of the mind. You're thinking with emotion, not logic.

You're absolutely right. My logic fails me when the ones I love get diced or molested. Actually, I'd love for him to get probation. I could make it look like an accident...

 

[SpiderB]

I apologise for going off, but it is seriously that sort of wishy-washy sentiment that puts dangerous people out on the street to harm innocents. Honestly, would you feel this way if it were your daughter/sister/cousin that was molested????[/SIZE][/FONT]

Someone always says "would you feel the same way if the victim was someone you loved?". Of course I wouldn't, not at first. In that case, anyone's first reaction is to want to see the person who did it suffer and die. But that's my point. That feeling comes from a primitive and impulsive part of the mind. One that we should do our best to try to overcome. It makes you a better person and makes us a better people.

 

[Maxwell Smart]

You're absolutely right. My logic fails me when the ones I love get diced or molested.

Then please don't insult my intelligence and stay away from logical discussions if you can't keep your emotions in check.

Anyway, it can be argued the prison system fits any one of these. I normally sit with the combination thinking myself, but it has been proven over and over again that most if not all child molestors are beyond rehab.

Then they need to be incarcerated for the rest of their lives. No parole. Its simple as that.

 

[ToddIsDead]

This is rediculous. Throw the scumbag in prison. If he gets shanked, then he gets shanked. No big loss.

 

[Maxwell Smart]

This is rediculous. Throw the scumbag in prison. If he gets shanked, then he gets shanked. No big loss.

See, this is the type of statement which if you don't stop and THINK sounds right, and a lot of morons will jump up and applaud, but is utterly incorrect.

The Justice system has to ensure the safety of those in it's custody. Period.

 

[Superman79]

Bill of course because anyone who does that sort of thing is mentally sick. Period. I just don't that buy anyone who truly comprehends what they are doing does these types of things.

Its what a civilized society does. Like SpiderB said, these types of issues tap into a primal part of the mind. You're thinking with emotion, not logic.



They aren't meant to be the Hilton, but they should be livable. If you have to be able to survive physically like with the current conditions then its not livable.



No its not. You know how I know? My own father was in prison for several years. Being confined like an animal is never easy no matter how you try to spin it.



To hell with those people. They don't matter whatsoever in the Justice system. Its between the offender and society. The justice system aren't supposed to be therapists for the victim's family. They never showed even an inkling of concern for the mental problems I went through with my dad's arrest and incarceration. It sucked, but its not their job for either side(victim's family or perpetrator's family).



No not period. The Justice system doesn't take these things into consideration when it comes to conviction. However when taking sentencing into account the safety of the convicted must be considered. If the Judge truely felt he would not be safe in Prison, then he made the right decision. Now, it shouldn't be that way. The Prisons shouldn't be in that state.



You need to calm down, and stop making emotional arguments. You just said yourself the justice system is unemotional, so why does it matter how I would feel? And it doesn't, btw.

Many prisons are VERY livable (like I said cable tv, college education, fitness facilities that are better than my Gold's GYm, etc.) It's not like we're putting them in a hole or a 5x5 cage.

I am sorry about what happened to you, I really am Max, and yes the justice system owes nothing to the victim but protection, and protection of society. I brought up Jetsetta Gauge and the other molestor killer cases not to say they owe a duty to the parents (the "ask the parents" line was just empahsis) but to society, by keeping these guys off the street so they don't molest any more children or (like those other did) graduate to molestation + murder.

As far as safety of the convicted...rarely does a judge place much weight on that (Jeoffry Dahmer was proof of that). Plus height is not a real factor in safety. I have known many short men who were tougher than me. Height is no indication of anything but what size pants a man wears.

I'm sorry if I seemed emotional ...It was not my intent to come across that way. I interned in a prosecutor's office for a while, and while the justice system is
unemotional, people are not. The job gets to you after a while. It just gets frustrating. I like you Max, you're a good guy, but I think here we're going to have to agree to disagree

 

[ToddIsDead]

If this guy were being incarcerated for insurance fraud or something, I wouldn't say something like that. But I have zero sympathy for sex offenders. Someone who willingly hurts an innocent child and tears away there psycological and sexual innocence doesn't deserve to live in my eyes.

 

[Superman79]

Someone always says "would you feel the same way if the victim was someone you loved?". Of course I wouldn't, not at first. In that case, anyone's first reaction is to want to see the person who did it suffer and die. But that's my point. That feeling comes from a primitive and impulsive part of the mind. One that we should do our best to try to overcome. It makes you a better person and makes us a better people.

At least until the parolee-molestor goes and kills an innocent child.

 

[Superman79]

Then they need to be incarcerated for the rest of their lives. No parole. Its simple as that.

Fair enough, but don't grant them the parole spend some time in a mental home for counseling, if counseling is what seems appropriate. I'm not above locking and throwing away the key if they deseerve it.

 

[Maxwell Smart]

At least until the parolee-molestor goes and kills an innocent child.

Let me clarify I don't endorse parole for child molestors unless its a very supervised group home type of situation. Otherwise they should stay locked up, though with treatment. I didn't mean they should be treated and just released back into the wild, as that is what seems to happen a lot.

There IS a thing called life in prison without parole. Why isn't it used more often?

 

[Superman79]

Let me clarify I don't endorse parole for child molestors unless its a very supervised group home type of situation. Otherwise they should stay locked up, though with treatment. I didn't mean they should be treated and just released back into the wild, as that is what seems to happen a lot.

There IS a thing called life in prison without parole. Why isn't it used more often?

Oh, see...I took you the wrong way then ...that kind of thing is acceptable, the catch and release is bull crap...and you're right it happens far too often.

They should also be monitored while on probation IMHO.

 

[huskerwebhead]

Because the state is not a mentally sick person like the molestor.

I agree completely with what SpiderB is saying. The ruling makes sense.

I'm sorry, but it doesn't make sense. The man was found guilty and convicted of a crime. The sentance should not be waved because of how short he is. Would it have mattered if he was one foot taller? two feet? What is the cut off? Do we need one of those "you must be this tall to ride" signs in front of prisons now?? That's rediculous. Sure, the state has to ensure that the person is kept safe...but then they should have found a different prison to put him in if the one they were thinking of wasn't sufficient....the sentance should not have been waved. THAT is wrong. So what else should we look at? If you're too fat you can't be in prison, if you're too skinny, have too many allergies, are afraid of the dark, lactose intolerant.....C'mon. What message does that send? "If you're too short or have some other disadvantage we will coddle you and not put you in prison. Please try and be good." WTF???

Something I would like to know is the numbers on all this (Either on an entire prison system level or just at the prison they were going to put him in):

-What is the average height of a person in our prison?
-How many are under 6ft? 5ft?
-How many under 5ft have been killed?

I'm all for rehabilitation if possible. The numbers on child molesters are pretty bad though. Most who are "rehabilitated" and are released become repeat offenders (I'm taking this from a documentary on TLC recently so I'm sorry I don't have a source for you). With that in mind, for me, rehabilitation for child molesters seems less viable. Regardless, if the system wants to try, then fine...let them. BUT....probation is NOT the answer. Especially if this person has not gone through any rehabilitation yet.

 

[huskerwebhead]

Let me clarify I don't endorse parole for child molestors unless its a very supervised group home type of situation. Otherwise they should stay locked up, though with treatment. I didn't mean they should be treated and just released back into the wild, as that is what seems to happen a lot.

There IS a thing called life in prison without parole. Why isn't it used more often?

We are in agreement there. I too mistook your original post as you were in favor of the catch and release.

 

[The Incredible Hulk]

oh man, midgets in Nebraska are gonna run friggen wild now....Look out!

 

[Maxwell Smart]

I'm sorry, but it doesn't make sense. The man was found guilty and convicted of a crime. The sentance should not be waved because of how short he is. Would it have mattered if he was one foot taller? two feet? What is the cut off? Do we need one of those "you must be this tall to ride" signs in front of prisons now?? That's rediculous. Sure, the state has to ensure that the person is kept safe...but then they should have found a different prison to put him in if the one they were thinking of wasn't sufficient....the sentance should not have been waved. THAT is wrong.

You're right. The Judge shouldn't have to look at this type of thing, they should be able to ensure the guy's safety regardless. But you have to deal with the reality, and the prison system does run on violence and gangs currently.

 

[huskerwebhead]

oh man, midgets in Nebraska are gonna run friggen wild now....Look out!

You know what...that raises a question. What the hell do they do with midgets/little people/current-PC-term when they are sentanced to prison???