If one reads about what George Feigley did in establishing his church/sex cult, one should be angry indeed if he were to move into the neighborhood. And I just know I'm going to hear from the bleeding hearts who say sex offenders should be able to move freely about the planet. Trust me - they go where they are not allowed to go all of the time.
Why is this case so compelling? Because, just as in my own case, the sentencing guidelines default to the time of the commission of the crime. "Because Feigley's 1975 conviction predated the passage of Megan's Law, he will not be required to register as a sex offender. And, having served his maximum sentence, he was not put on parole upon his release."
If that's not enough to make parents scared and upset, I don't know what is. Do you all think he should have to register and get a parole officer? I know the system won't be watching him, but I guarantee you the good people of Harrisburg will.
2 comments:
liz,
in all fairness, it must be pointed out that, in the sentencing of *any* criminal case, judges are *constitutionally required* to be bound by the law that was in effect at the time of the commission of the crime becuz of what's called "ex post facto", which explicitly prohibits imposing penalties that were not in effect or existence at the time of the commission of the crime, and in fact there are not one, but two, ex post facto clauses in the constitution.
this is why, for example, the BTK killer could not be sentenced to the death penalty, becuz at the time of the BTK murders kansas did not have the death penalty.
and so, the judge in this case *cannot* be blamed for not sentencing the defendant under Megan's law.
mario
Mario:
Of course not - the law is the law. I'm not arguing that point. I am saying that the spirit of what made Megan's Law possible is in direct opposition to what these people are feeling right now. They should have some way to feel safe. Just because the guy is 70 and the law is there doesn't mean they aren't concerned and frightened.
The laws do the best they can but they are words on paper. The realities, not so much for victims and their families in some cases.
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