They fail to exercise their discretion at all and by so doing, they abuse that same discretion, hardly ethical conduct. Ex post facto nonsense is perfectly fine. It was tough, but he was doing it. So he killed himself. That was back in No reason other than the fact that an unthinking government said this particular act gets you on the registry. We give prosecutors enormous powers to decide whether to charge a crime, what to charge, and what plea and sentence most cases will get. These are not things that have anything to do with the policy underlying sex offender registries.
So he killed himself. Fortunately, when the criminal law is stupid, or would have an unjust result, prosecutors have the discretion to do the right thing. Stuff that has nothing to do with sex, like even the mildest forms of unlawful imprisonment, gets you marked a sex offender. It has become a routine injustice across the United States. Was there any reason for him to be on a registry? Their lives are basically over. For the wrong reasons. Was he someone we needed to worry about, someone who posed a threat to the safety of others? Clearly, something is wrong. Only after public uproar did the prosecutor back down and agree to a non-registry deal. Here in New York, a year-old kid can wind up on the registry for having sex with his year-old girlfriend. You can follow any responses to this entry through the RSS 2. Was he a predator, a child molester, a rapist? For whatever reason, there are certain people who get off on molesting little kids or raping people, and who are not likely to be rehabilitated by a stint behind bars. So they often reoffend. The deal was struck, the kid got probation, and he went about getting his life back. So prosecutors have the discretion not to charge registry crimes. The stigma is the worst our society can dish out. There is zero concern that the people who commit such offenses pose a present threat of molesting kids or committing rape. With that power comes the discretion to use it wisely. A few years back, in Michigan, there was that case of Justin Fawcett. A harmless loser will find himself on the registry for calling up a call girl. These are not things that have anything to do with the policy underlying sex offender registries. Ex post facto nonsense is perfectly fine. A teenager, one of many seduced by a teenage girl who described herself as a sexual predator. That was back in
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