Wednesday, May 23, 2007
The only difference between this year and last year...this year isn't an election year. I can't tell you how many politicians were promising solutions to the energy crisis last year. Let's see if they show the same compassion for their constituents this year.
My suggestion? conserve (this includes gas too!)
Hopefully, the free market will prevail (in a regulated energy market, yeah right!)
Saturday, April 21, 2007
This has been a long time coming.
Fact: Jessica’s Law is a 25 year mandatory minimum for child sex offenders/rapists. The 25 year mandatory minimum is non-paroable.
According to the “leading advocate” site Marylanders for Jessica’s Law http://www.jessicaslawformd.org/, Jessica’s Law passed in Maryland!
There is only one word I could think of, Bullshit.
You would think the leading advocate group for a special interest would at least understand the law.
Speaking of which, here is the actual text of the law as amended. My comments are in italics.
MD Code, Criminal Law § 3-304. Rape in the SECOND DEGREE
(a) A person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
Point #1: According to (a)(3), you can’t engage in vaginal intercourse if the child is under 14 and the rapist is at least four years older. That sure seems like child rape to me.
Prohibited--Children under age 13
(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
Point #2: Well, if the child is under 13, you can’t engage in vaginal intercourse with them by force, threat of force, without their consent (a 13 year old cannot give consent, the eyes of the law this is a strict liability offense i.e. you are screwed no matter what). Wow, second degree rape is sure looking more and more like child rape to me.
(c)(1) Except as provided in paragraph (2) of this subsection, a person who violates subsection
(a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
Point #3 (in plain English): If you violate (a)(1), (a)(2), or (a)(3) you are guilty of second degree rape. Notice that (a)(3) is child rape. Notice also that there IS NOT A MANDATORY MINIMUM FOR THIS CRIME! THERE IS A TWENTY YEAR MAXIMUM! Hypothetically, a 30 year old could rape a 13 year old child and get 4 months in prison!
In addition, the non-paroable section is missing.
Wait a second; I thought Jessica’s Law passed in Maryland?
(2)(i) Subject to subparagraph (iii) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 5 years and not exceeding 20 years.
Point #4: There is the added language. So, if you are eighteen or older and rape a twelve year old or under there is a five freaking mandatory minimum and still the twenty year maximum.
(ii) A court may not suspend any part of the mandatory minimum sentence of 5 years.
Point #5: After they serve five years, they are eligible for parole.
(iii) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.
(d) If the State intends to seek a sentence of imprisonment for not less than 5 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State's intention at least 30 days before trial.
The rest is just notice.
1) If an individual rapes a child thirteen and under and said individual is at least four years older, there is no mandatory minimum sentence, just a mandatory maximum. (I realize that a seventeen year old could have sex with a thirteen year old and be found guilty. I do not believe that the seventeen year old should spend 25 years in prison. That is why this law needs to be re-written. However, as it stands now, a forty five year old could rape a fourteen year old and spent four months in prison.
2) If an individual rapes a child twelve and under and said individual is eighteen or older there is only a five year minimum with twenty year maximum. Only the first five years is non-paroable.
Do you see why I am angry? The legislators and Marylanders for Jessica’s Law lied to us. I have a nice letter written to my legislators to tell them what I personally think about this law. I also have a letter to Nancy Jacobs, the idiot Senator (R) who allowed this law to be voted on.
Thanks for nothing.
Tuesday, March 27, 2007
You might read in the paper tomorrow that Jessica’s Law passed and Random Politician #1 will say “It was the right thing to do for the kids” and Random Politician Number #2 will say “I hope our mothers and fathers feel safer.” You know the usual political rhetoric.
Why couldn’t just one elected official have the testicular fortitude to submit a stronger bill? Well, at least the females have an excuse.
Saturday, March 03, 2007
I am going to cut to the chase. Our brain trusts down in Annapolis are inserting language into Md Code Criminal Law Section 3-304 (2nd Degree Rape). Legal Force 2007 (As I have come to name the 2007 General Assembly) is going to make the mandatory minimum for 2nd Degree Rape non-paroable DURING THE MANDATORY MINIMUM SENTENCE.
Ok, now come my thoughts
A) 2nd Degree Rape includes vaginal intercourse with a minor under 14 by an individual who is 4 years older. Yep, that is your standard child rape.
B) The mandatory MINIMUM sentence is FIVE YEARS. This is not changing.
C) The mandatory MAXIMUM sentence for 2nd degree rape is STILL TWENTY YEARS. This is not changing.
D) The non-paroable provision APPLIES ONLY DURING THE FIRST FIVE YEARS! Yep, you can get out with parole after five years and one day.
E) Certain advocacy groups are pleading for people to attend the hearing on March 13 to support this absolutely pathetic attempt to protect kids. Why? What's the point?
F) So, instead of a person possibly only serving 3 years after parole, they will potentially only serve five with no parole. WHOOP-DE-DOO!
I know some of you think that Republicans need to compromise. For those of you who do, I would love for you to approach a child who has been raped of his or her innocence and explain compromise.
I hate politicians.