Families of SOs Community Group
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If we did take a case to the SCOTUS, my pick would be the Gary Lee Blanton Jr. case. He was a registered sex offender that was murdered in Washington state in 2012 because he was a sex offender.
He was charged in 2001 with third degree rape because he had consensual sex at 17 with a 17 year old he was dating at the time. Her parents had charges filed because she is disabled, though it doesn't say how she is disabled.
Getting this case to the SCOTUS would be tough, but it's hard to show of a worse outcome than this. Though do you think that since this is a rare occurrence it may be dismissed by the court?
He was charged in 2001 with third degree rape because he had consensual sex at 17 with a 17 year old he was dating at the time. Her parents had charges filed because she is disabled, though it doesn't say how she is disabled.
Getting this case to the SCOTUS would be tough, but it's hard to show of a worse outcome than this. Though do you think that since this is a rare occurrence it may be dismissed by the court?
Lifelong ADD, ADHD and recently PTSD. Documented.
More than just mitigating. Accused of "Electronic sexual communication with a minor"
His maladies, hereditary. <-----keyword
In his defense.......he was relating his feelings back to an age that he was comfortable living. He never tired to meet or contact young gals other than virtually.
Outside of his virtual mistakes he was a model citizen. Veteran. Loved saving lives as a paramedic. Volunteered his free time in hospitals.
Nonetheless he committed a crime.
The following would be considered under the guise of Megnas law requirements and not to help overturn his conviction. Although, in time, it may help in trial.
What makes me believe that this is a possible SCOTUS CASE ?
Argument.
ADA says that ADD, ADHD and PTSD are acceptable disabilities and are fully covered under that law.
PTSD can be cured. ADD and ADHD can only be controlled. Hereditary?
There is a HUGE separation between how the courts weigh the mental disability versus a physical one.
Why? They are weighted the same under the ADA ..Right?
If, for EG, I committed a crime because I couldn't hear instructions. (Bad example but valid) But think about it. The courts would find leniency for a person who committed a crime because of their physical disability. It happens!!
If I needed: a sign language interpreter, under the ADA and accepted by the courts, I would be provide that without question. Im certain the courts would take pride in saying that they provided that. AND BTW It's Law!!!!
Yet, because I might possibly have a mental impairment, I get NO consideration for a request for a reasonable accommodation. BTW IT'S ALSO LAW!!!
Where is the difference?
Who decides that and how are those differences equated?
The courts Jump at the chance to been seen as the protector of the disabled yet they dont count the mentally disabled?? Mitigating ONLY ????
Why, if a malady is accepted by one branch of our government as law, isn't the same standard held for mental disabilities and are weighted by the courts as LESS THAN a physical one UNDER THAT SAME LAW??????
So the question becomes..... Does the court have the right to view one disability type vs another AS less than? Someone much smarter than myself needs to find a way to weight both equally UNDER THE LAW!!
They all judged and weighed differently ..why?
The Judaical system needs to be forced to rethink this.
I know for fact the recidivism would be reduced with mental help being provided outside of incarceration.
Instead, our courts turn their head to mental disability.
I would suggest that more that 50% of SO"s have some form of mental disability.
THEY need to be protected under the ADA.
Thoughts??
This is not an ADA matter, we do as a society do not accommodate for people to commit crimes. We accommodate so people can live as normally as possible .
It's not about anyone being responsible at all. It's about definition. Pitting one Government entity and law against another to bring the plight of SO's and their families, to the surface and not hide it as only MITIGATING anymore.
Mental illness is a big problem in today's society and is being swept under the rug by the court system.
I've read and reread the document my son was forced to sign. It's ambiguous at best.
Im saying, in the scheme of things. If I can't understand them and I dont have those maladies then how is an offender supposed to LIVE by them.
It's more about bumping up the level of understanding. Therefore, opening up the door for the courts to look at the treatment of SO's, and their families, under Megans law.
It's a case that could create or revise law. Isn't that an Attorneys Holy Grail ??
It's just a door opener, not a solution.
I'm trying to present it as such.
My son was held for 2+ years without medication. It is in court pretrial records it is listed that he was taking meds. Less than 6 months after his release and while he was searching for a job, and trying to get his life back together again...he was violated and sent back to prison based on conditions that would NOT have existed had he been medicated properly. He did NOT fully understand the limitations he was forced to live with. And More importantly, he didn't fully understand the documents he was forced to sign!!!
Let me throw this out at you. Courts have already ruled on a defendants rights regarding confessions obtained while the defendant was under the influence of drugs. Those confessions are thrown out for the most part.
OTOH....Defendants who DIDNT take their prescribed drugs and commit a crime have no defense.
Where is the line drawn when a known malady is an acceptable malady under the ADA?
I know that is a slippery slope but...it has merit.
As a man who has dealt with each of these maladies for the last 50+ years I have considerable knowledge of the impact they have.
In' defense of my son, I fully understand that his crime was committed BECAUSE of his maladies. They were still crimes and I abhor what he did. BUT As soon as he started taking MED's his whole life turned around and those thoughts disappeared. He grew up. HUGE change.
Unfortunately, he wasn't on meds previous to committing his crime. Some people are immature. It doesn't rubber stamp their crime but it certainly deserves the same level of mitigating..that a physical disability does.
Let me say this If I may. I may not have the education or smarts enough to explain myself. For that Im sorry to all who read this. Im trying my best.
As a man who has been disabled my entire life myself, I know allot about fair and unfair.
My life was hell before HP placards and spaces were provided. Before the ADA.
The ADA started somewhere. Perhaps with an open door.
I'm looking to open a DOOR not put in a new one.