dark - while I sympathize with your hubby's situation, I see his case as the few paying for the protection of the many. I do not want to have an embezzler taking care of my bank account (tho there'd be little temptation) or a child molester watching my kids. I personally have hired people with felony records when I ran my locksmithing business, but knowing that I should be careful to keep an eye on them was crucial to my success.
BTV - I've heard stories like that, and believe me it makes me angry. A first offense is usually reduced or dismissed, but in the case you sited some slime ball attorney was too lazy to defend their client. THESE ARE NOT THE RULE, BUT USUALLY THE EXCEPTION. I would be interested to know if this woman has made an attempt to reopen the case due to poor representation. Also, the definition of self defense is to block or ward off being attacked. If she was attacked by her husband then there should have been defensive wounds.
dark - Isn't there a process in place to have records sealed? If your hubby has stayed out of trouble he would probably be eligible for this. I am not saying that all criminals get caught, but those who did need to be dealt consequences. You can't seriously suggest that just because there are people who don't get caught that all offenders be relieved of the consequences, are you?
records being sealed is the same as getting them exsponged (I might not be spelling that right). The consequences are the sentence handed down by the court. period. What is basically being said here, is that if you break the law, you have to pay for the rest of your life. If you have one too many one night, should you have a hangover for the rest of your life? Over drinking is a poor decision.
No I am not suggesting that anyone be relieved of consequences but how long does one pay them? You seem to be suggesting life sentences for anyone who has broken the law and has been caught.
I must respectfully disagree with your post. I agree 100% with darkpearl. If someone has to have a conviction on their record for the rest of their life and they are such a danger to society, then why aren't they still locked up?
There are many many many instances where something that is designed to protect "the greater good" ends up harming so many individuals that the greater good is harmed as well.
I think the example of sex offenders is an important one here. Not all sex offenders kidnap eight year olds and rape them. What one state classifies as a "sex-offense" can be behavior between consenting adults. But get caught and you have a permanent stain on your record for the rest of your life.
Prior to the Supreme Court ruling in favor of Lawerence in Lawrence v. Texas the pair of gay men at the center of the case had been "caught" in their OWN HOME behind closed doors having sex with each other. Sodomy, at the time, was illegal in Texas and the pair was hauled off to jail. The reason the case came to be in the first place is because, once released, the "offenders" in this case were required to register as sex-offenders.
No matter what one's thoughts are on the morality of homosexuality, last time I checked the US was SUPPOSED to be a free country. Having to register as a sex-offender because you had sex with another consenting adult, no matter the gender, is ludicrous. The man in question had a hard time getting a job and, worse, once his neighbors found out he was on the sex offender registry for the area, they perpetuated harrassment and threats against him.
Dark pearl is correct--this is the equivelant of a life sentence for consenting adult sex.
Similarly, a sex offense can be as trivial as an 18 year old being convicted of having sex with a 17 year old. An arbitrary line is drawn and the "offender" is punished for the rest of their life.
Another example--a big one! I am a Financial Aid administrator. In Arizona (where I used to live), if you were caught, as a minor, with alcohol, you would easily get convicted for Minor In Possession, or MIP. Most people took the conviction and went to diversion (a treatment program) and moved on with their lives. Or so they thought. Until the next year rolled around and they had to answer question 31 on their Free Application for Federal Student aid, "Have you been convicted of the possession or sale of illegal drugs..." If you answer yes--and because Arizona lumped MIPs together, there was no distinction between drunken partying and selling crack--the correct answer was yes, you faced a complete disqualification for federal financial aid funds.
How are we supposed to expect people to make better things out of their lives if they can't get money to go to school because they got drunk one night before they turned 21?
With all due respect, to say that you are "too conservative" is laughable. No true conservative I know really wants to give the government enough power to track our every move for our whole lives, nor do they think that the government should regulate what people do in their own bedrooms.
How many people do you know that have had a drink prior to age 21? Are they terrible people who shouldn't be allowed to get a job?
My brother turned 18 many years ago. He recieved a letter from the Juvenille Court system asking if he wanted his record sealed. In a panic, he called my mother, frightened that his record would keep him from getting a job.
My mother's response? "Ted, you were 12. You were convicted of bullfrogging out of season. Don't seal that record. Let any potential employer not hire you because you were a 12 year old boy catching bullfrogs in the river. If you seal it they will wonder if you are a rapist or a murderer, rather than a normal kid."
I use this example to point out that, often, the letter of the law (and in this case, the judge's hands were tied and he had to convict, because my brother was catching bullfrogs and it wasn't the season for that) does not create good outcomes.
dark and mastro - I don't think we'll ever see eye to eye on this matter. I stand by my opinions and you are welcome to disagree. Yes, I've done stupid things, but because there are clear consequences I exersized my good judgement and avoided making a big mistake. If a person will allow a strike against them to defeat a life goal than so be it. There are opportunities to rise above these past mistakes if a person truly wants to and if they don't they need to live with their decision.
boyz - Yes, often an employer has the opportunity to exersize discretion and the applicant can also plead their case. The only hopeless situation is the one where people choose not to work to overcome a setback.
DON'T FORGET-YOU CAN KEEP UP WITH THE MOST CURRENT DEAD AND WOUNDED YOUR TAX DOLLARS ARE SUPPORTING AT http://antiwar.com
and my personal closing to do the right thing: two petitions to help us help ourselves; http://www.democrats.com/peoplesemailnetwork/88?ad=d5, and http://www.democracyinaction.org/dia/organizationsORG/ufpj/petition.jsp?pe