A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Tuesday, July 26, 2005

Sexual Predators - Welcome to the Neighborhood!

Sexual predators are sick people who generally re-offend. Some of them will actually tell you that.

Anyone who sexually abuses a child should go to jail forever. Period, end of story.

But they don't

Why?

Many reasons. One goes back to that silly little "proof beyond a reasonable doubt" thing we have in our constitution.

Many times a child is molested, but can not or will not, or their parents do not - want them to testify in court.

Forget that you think merely the accusation of being a sexual predator should be enough for a life sentence, when witnesses don't come to court, there is no live testimony to convict the defendant. Although child hearsay laws allow for testimony of the child to be admitted when the child is not in court, prosecutors normally offer less jail time to try and resolve the case, without leaving it to a jury to determine the strength of the absent child's testimony, and possibly acquit the defendant.

Scores of communities around the country are passing laws requiring sexual offenders and predators to remain 2,500 feet from schools, day care facilities, and other locations where children are known to gather.

Sounds great.

Kind of.

Let me get you mad - where are they all going to go?

"I DON'T CARE," you say.

"THEY SHOULD ALL BE IN JAIL." I know, but we already discussed that.

You should care, you should care a lot.

Because very soon, there is going to be a city that has no residence that is more than 2,500 feet from a prohibited location, and the court in that city is going to rule it unconstitutional to prohibit someone from living there solely based on their criminal past.

So what's the solution?

There is none.

AUTHORS NOTE - WITHIN SEVERAL HOURS AFTER THIS POST, THE CITY OF LIGHTHOUSE POINT, FLORIDA ANNOUNCED THAT THEY WILL CONSIDER AN ORDINANCE TO BAN SEX OFFENDERS FROM MOVING INTO THEIR CITY - STAY TUNED!

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