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View Diary: Defendants' rights, victims' rights, and the worst of crimes (59 comments)

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  •  Thanks for posting this. (3+ / 0-)

    Indeed it is a quagmire given the way the law is stated and I find myself (a) logically agreeing with points in each of the 3 opinions and (b) the consensus view that Congress needs to fix it.

    So the question is: how?

    As the Father of a 6 y/o girl, I have to say my heart is with the idea that for a crime that is a life sentence of torture for some victims and ultimately a death sentence for others I don't have much problem with viewing this as the gang rapist that got caught, particularly when the nature of the crime is, as a practical matter, unending. In fact, we can never catch all the perpetrators of all crimes so deal with the ones we do, correct?

    However, I realize that while the above works fine to assign guilt to an individual for their own acts, it's not a solution at all for the restitution problem. Toward that end, I think the majority opinion points in a direction that suggests the law specify a set minimum sum for restitution per victim per offender if that is legally possible, because it at least establishes a standard and a mechanism to do justice in a "fair" way if it is possible to apply such a term.

    And the sum must be sufficient that (a) reasonably provides some relief, verses a token, and; (b) is reasonably punitive.

    "If I were King ..." ... well, it wouldn't happen, but if it it did, perhaps the best approach would be to have a portion of the restitution paid into a general fund for victims, because I believe, in reality, many of the convicted would not have the resources to meet the obligations set by the court and then the victims in question are nowhere. But I doubt that passes legal muster.

    Quite interested in others ideas, not sure mine are at all legal or reasonable.

    Oh, and I'm all for citizens reporting this shit where they find it and intervening.

    And I think it's strange that hackers that launch DDoS attacks against kiddie porn sites risk going to prison for decades under CFAA while we split hairs about over-charging pervs.

    No one is coming to save us, the future is in our hands.

    by koNko on Sun May 04, 2014 at 07:06:31 AM PDT

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