A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

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A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Skeeve » Wed May 09, 2018 5:01 pm

A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life
In New York a defendant can be forced to register as a sex offender for the rest of his life based on accusations a jury rejected. So the state's highest court ruled last week in a case that illustrates how fear and loathing of sex offenders lead to results that would be recognized as unjust and illogical in any other context.

Quinn Britton's 13-year-old niece, identified in court documents as A.B., accused him of raping her during a Thanksgiving Day visit to her grandmother's home in Brooklyn, where her uncle lived, when she was 11. Britton denied any inappropriate behavior, and his mother said A.B. had spent the whole evening watching TV in the living room with her.
...
During a post-trial hearing, the judge nevertheless assumed that Britton had committed the felonies and therefore assigned him to risk level two under New York's Sex Offender Registration Act (SORA), which triggers lifetime registration. Had the judge considered just the crime of which Britton was convicted, he would have been assigned to risk level one, which requires registration for 20 years.*

In a 6-to-1 ruling last week, the New York Court of Appeals upheld Britton's classification, noting that it was supposed to be based on "clear and convincing evidence," a less demanding standard than the proof beyond a reasonable doubt required for a criminal conviction. It is possible, in other words, for an alleged crime to figure in a defendant's risk level even when there is not enough evidence for a guilty verdict.
Wow....
Okay that's kind of fucked up....
Writing in dissent, Judge Jenny Rivera charges her colleagues with improperly applying the "clear and convincing evidence" standard, which requires "a high degree of probability" that an allegation is true. A.B.'s testimony should not be treated as reliable under SORA, Rivera argues, because the jury did not find it credible.
Ya think?
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by corplinx » Wed May 09, 2018 5:36 pm

And then they played this sound effect

https://www.youtube.com/watch?v=zpG1Ywmbioc

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Grammatron » Wed May 09, 2018 5:44 pm

I am not so sure this was a miscarriage of justice.
The jury acquitted defendant of first-degree rape (Penal Law § 130.35 [4]) and two counts
of criminal sexual act in the first degree (Penal Law § 130.50 [4]), all felony charges, and
convicted of one count of second-degree sexual abuse (Penal Law § 130.60 [2]), a
misdemeanor.
What law was he convicted under you may ask?
A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than seventeen years old;  or

2. Less than fourteen years old.

Sexual abuse in the second degree is a class A misdemeanor.
Additionally.
A police detective testified that after defendant was arrested, defendant waived his
Miranda rights and made various statements regarding his family and A.B.’s allegations.
The detective testified that after defendant provided a detailed history of conflicts he had
with A.B.’s mother, defendant stated that on Thanksgiving A.B. was visiting and he invited
her into his room. He began talking to her about her interactions with boys at school, and
then hugged her, kissed her on her neck, stomach, and vagina, and noted that the
complainant was lubricated. These statements were not made in writing or videotaped
Sounds like the system is working as intended.

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Rob Lister » Wed May 09, 2018 5:52 pm

I'm not finding a problem with it.

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Skeeve » Wed May 09, 2018 6:00 pm

Grammatron wrote:I am not so sure this was a miscarriage of justice.
The jury acquitted defendant of first-degree rape (Penal Law § 130.35 [4]) and two counts
of criminal sexual act in the first degree (Penal Law § 130.50 [4]), all felony charges, and
convicted of one count of second-degree sexual abuse (Penal Law § 130.60 [2]), a
misdemeanor.
What law was he convicted under you may ask?
The Misdemeanor!
A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than seventeen years old;  or

2. Less than fourteen years old.

Sexual abuse in the second degree is a class A misdemeanor.
Additionally.
A police detective testified that after defendant was arrested, defendant waived his
Miranda rights
sure he did...
...and made various statements regarding his family and A.B.’s allegations.
The detective testified that after defendant provided a detailed history of conflicts he had
with A.B.’s mother, defendant stated that on Thanksgiving A.B. was visiting and he invited
her into his room. He began talking to her about her interactions with boys at school, and
then hugged her, kissed her on her neck, stomach, and vagina, and noted that the
complainant was lubricated. These statements were not made in writing or videotaped
Sounds like the system is working as intended.
Sounds like you believe the cop's memory...
Okay.... I don't.
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Grammatron » Wed May 09, 2018 6:02 pm

I don't have to believe it, the jury did.

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by gnome » Wed May 09, 2018 6:39 pm

Juries can be wrong, but I'm comfortable with the offender list tying out to the jury verdict.
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Skeeve » Wed May 09, 2018 9:53 pm

Grammatron wrote:I don't have to believe it, the jury did.
Well, no they didn't
...
The verdict indicates that the jury did not fully adopt any of the competing narratives. If it fully believed A.B., it should have convicted defendant of all four counts. If it believed the police officer, it should have convicted defendant of sexual abuse, as well as one of the oral sex counts. If it believed the defendant, it should have acquitted him of all charges.
And you forgot the link above: https://law.justia.com/cases/new-york/c ... sm-42.html
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Rob Lister » Wed May 09, 2018 9:56 pm

Dude, he was convicted. True or not?

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Skeeve » Thu May 10, 2018 1:54 am

Rob Lister wrote:Dude, he was convicted. True or not?
He was convicted on "one count of second-degree sexual abuse (Penal Law § 130.60 [2]), a
misdemeanor."
gnome wrote:Juries can be wrong, but I'm comfortable with the offender list tying out to the jury verdict.
The jury had little to nothing to do with his being added to the Sex Offender list, for life. That was the judge.

Again, from the appeal court, the dissenting opinion:
RIVERA, J. (dissenting):
The sole issue in this appeal is whether the People satisfied their burden to establish by clear and convincing evidence that the conduct of which defendant was acquitted had in fact occurred. I conclude the People failed to meet this heavy burden because the jury rejected the evidence, rendering it unreliable for purposes of the Sex Offender Registration Act (SORA).

Defendant's jury trial turned on competing narratives of the complainant and the defendant as the People had no physical evidence or eyewitnesses to the crimes charged. The jury acquitted defendant of first-degree rape (Penal Law § 130.35 [4]) and two counts of criminal sexual act in the first degree (Penal Law § 130.50 [4]), all felony charges, and convicted of one count of second-degree sexual abuse (Penal Law § 130.60 [2]), a misdemeanor. Despite the acquittal of the felony charges, the SORA court assessed defendant points for having committed the specific conduct on which these charges were based. On the particular facts of this case, in which the only evidence of the conduct for which defendant was assessed these points was rejected by the jury, the SORA court erred in finding clear and convincing evidence of the alleged sexual contact. Therefore, I would reverse the order adjudicating defendant a risk level two offender, and dissent from the majority's contrary determination on this appeal.
In other words the 'point system' that determines weather you are on the sex offender list for a finite amount of time, or for LIFE was tilted toward the high end due to the judge just deciding to do it that way, DESPITE the verdict(s) the jury returned.

You can read more about it at the link below.
https://law.justia.com/cases/new-york/c ... sm-42.html
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Doctor X » Thu May 10, 2018 10:06 am

Probably best not to sexually assault children.

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by gnome » Thu May 10, 2018 10:17 am

So change the title of the thread to "Judge puts sex offender on registry for wrong number of years", then.
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Doctor X » Thu May 10, 2018 10:30 am

Because after twenty years, a man who would lick the genitals of a child will totally change his predilections as the whining of Roman Polanski demonstrates.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
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"just like Doc X said." --gnome

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Rob Lister » Thu May 10, 2018 10:33 am

Skeeve wrote:
Rob Lister wrote:Dude, he was convicted. True or not?
He was convicted on "one count of second-degree sexual abuse (Penal Law § 130.60 [2]), a
misdemeanor."
I think he should be hung by his balls. So he's getting off easy.

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by gnome » Thu May 10, 2018 10:34 am

Doctor X wrote:Because after twenty years, a man who would lick the genitals of a child will totally change his predilections as the whining of Roman Polanski demonstrates.

--J.D.
Indeed. My comment directed at Skeeve.
"If fighting is sure to result in victory, then you must fight! Sun Tzu said that, and I'd say he knows a little bit more about fighting than you do, pal, because he invented it, and then he perfected it so that no living man could best him in the ring of honor. Then, he used his fight money to buy two of every animal on earth, and then he herded them onto a boat, and then he beat the crap out of every single one. And from that day forward any time a bunch of animals are together in one place it's called a zoo! (Beat) Unless it's a farm!"
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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Doctor X » Thu May 10, 2018 10:45 am

He is too busy trying to find a way to excuse the torture and murder of U.S. servicemen.

--J. "Did You Think We would Forget, Mr. Bauer?" D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life

Post by Captain » Thu May 10, 2018 10:58 am

We don't want him down here...we run a respectable road prison.
You run one time, you got yourself a set of chains. You run twice you got yourself two sets. You ain't gonna need no third set, 'cause you gonna get your mind right.