Judge: Sex offenders illegally confined

Eugene

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Wed Nov-16-05 04:32 AM
Original message

Judge: Sex offenders illegally confined

Judge: Sex offenders illegally confined

BY ERROL A. COCKFIELD JR
ALBANY BUREAU CHIEF

November 16, 2005

ALBANY - A Manhattan judge yesterday ordered the release of a dozen
convicted sex offenders from mental hospitals pending psychiatric
evaluations, saying the state had illegally confined the men after
they finished their sentences.

In September, at the order of Gov. George Pataki, state correction
officials began moving some sex offenders into mental hospitals,
arguing they were too dangerous to be freed.

Pataki said yesterday he would appeal the decision. "The court is
granting convicted sexual predators more rights than law-abiding New
Yorkers," Pataki said in a statement.

In a decision harshly critical of the administration's tactic, State
Supreme Court Justice Jacqueline Silbermann concluded the state had
misused provisions of state law, denying the men due process. She
ordered their discharge pending evaluations by independent
psychiatrists.

<snip>

More: http://www.newsday.com/news/local/state/ny-stpata164514741nov16,0,7962121.story?coll=ny-statenews-headlines

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bluestateguy

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Wed Nov-16-05 04:35 AM
Response to Original message

1. Oh God, O'Reilly is going to have another field day with this one...

:eyes:

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wakeme2008

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Wed Nov-16-05 04:41 AM
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2. Pataki is an ASS -- so what is new

"Pataki said yesterday he would appeal the decision. "The court is granting convicted sexual predators more rights than law-abiding New Yorkers," Pataki said in a statement.
"

Every time I hear Repugs talking about one group or another wanting "more rights" I just :grr:

"Frustrated that the Democrat-led State Assembly has rejected his civil confinement proposals, Pataki had ordered his aides to look for ways to circumvent the roadblock."

Oh so like Bush you think you are God Mr Pataki...... :grr:

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progdonkey

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Wed Nov-16-05 06:34 AM
Response to Original message

3. excellent decision

That they're sex offenders just muddies the simple issue that you have people who've served their jail sentence as determined by a judge, but the executive alone arbitrarily decides to prevent that person from being released. Whether it's against a sex offender or someone who stole a pack of gum, it's disgusting and fascistic.

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BattyDem

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Wed Nov-16-05 08:21 AM
Response to Reply #3

8. I agree

Obviously, no one wants more sex offenders on the street. However, if a person was tried, convicted and served their time, then the executive has no right to keep them imprisoned. Today it's sex offenders, but who will it be tomorrow?

If Pataki wanted tougher penalties for sex offenders, he could have done something about it (legislatively) long before now. He has no right to impose his own sentences on people - no executive has that right. Too many Repugs are deciding that they can bypass the judicial branch and the Constitution and rule by decree. They wave the flag and claim to be patriots, yet they have no respect for anything this country stands for.

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mike_c

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Wed Nov-16-05 10:37 AM
Response to Reply #8

10. you nailed it....

If Pataki wanted tougher penalties for sex offenders, he could have done something about it (legislatively) long before now. He has no right to impose his own sentences on people - no executive has that right.

I hope these guys sue him for false imprisonment.

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ChrisK

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Wed Nov-16-05 06:56 AM
Response to Original message

4. NOW there undergoing "psychiatric evaluations"?!

Isn't psychiatric help part of their time spent in jail?..You would hope after years in jail they would be getting some help so that when there time is served they would be ready to re-inter grade themselves into society.

As for the Governor's "more rights" statement...There still American citizens and afforded the same rights as ALL citizens, yes they committed a crime(s) but we have laws and if the laws say they have served there time then maybe he(Governor Pataki)needs to be taught what the word "law" means.....If he was so worried about them getting out why was he not working to make sure they had better psychiatric help in the first place?

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Sgent

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Wed Nov-16-05 07:06 AM
Response to Original message

5. WTF????

They are using the confinement hearings used to commit people like manic depressives and schizophrenics who are acutely ill. This is a huge misuse of a chronically underfunded mental health system. If you want them in jail, put them in jail. Don't endanger the patients who need care in the system so you can be tough on crime without making the sex offenses a lifetime sentence.

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izzie

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Wed Nov-16-05 07:27 AM
Response to Original message

6. I think there is something wrong with this law.

One thing is a man is hardly in the wrong when he has sex with a girl who tells him she is 18 and then turns out to be 16. What is it with that if they both go for it? Also many women are crazy on this subject and GET their ex husband when you know it all could not be true. And another thing some women are just nuts and think every man that smiles is a sex nut.I mean I have had women ask me, 'do you think they man is trying to get my children' and the poor man only walked by and said hi and I was standing there. Also you can get kids to say any thing if you try. There is something wrong with this whole thing and I am a women. :banghead: Funny thing, Crimes increase as experts increase that treat it.

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BiggJawn

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Wed Nov-16-05 07:40 AM
Response to Reply #6

7. Boy, that's sad.

When you said "Crimes increase as experts increase that treat it.", you said a mouthfull. Carl Sagan addressed that in "Demon-Haunted World", in that it seemed that the more MSW's who popped up claiming to work with "Recovering repressed memories", the more people who were going to jail for supposedly fucking their daughters and eating their babies 30 years before.

Now before the Greek Chorus gets here and shouts us down, Why do you suppose that woman thought some stranger wanted her children? Too much "Lifetime" TV?

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Sgent

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Wed Nov-16-05 08:46 AM
Response to Reply #6

9. I Disagree

at least with regards to Child Sex Abuse.

Having worked with these kids and parents -- invariably one or more of the parents/relatives/etc were abused, but didn't report it (it highly familial learned behavior).

My impression is that the incidence of occurance hasn't increased -- but rather societies investigation of the same has.

A similar thing has happened with homosexuals. Most people don't believe there are more homosexuals, but today they are more likely to be out of the closet and open with it compared to 50 years ago.

Please note -- I know homosexuality has NOTHING to do with child sexual abuse, I was just pointing out that societal changes can increase the awareness of certain situations -- CSA's are more likely to be reported, and homosexuals are more likely to be open. IMHO the number of each hasn't significantly changed, they are just more noticable.

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