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This is criminal justice? - 4/7/2011 4:37:52 PM

jlf1961

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quote:

Judge orders legally incompetent sex offender released

PROVO — A judge ordered Thursday that a man declared incompetent to stand trial on charges of child sex abuse be released from jail.

But 4th District Judge James Taylor said he plans to review the case of Lonnie Johnson in six months and wants two evaluations by new doctors when the case is reviewed on Nov. 17.

Johnson, 38, who is a registered sex offender from a child rape conviction in Washington state, has spent the past year and a half in the Utah State Hospital.

Prosecutors wanted the judge to order the Utah State Hospital to continue treating Johnson until he could face 21 counts against him of rape, sodomy and aggravated sexual assault of a child. But Taylor said he had no legal authority to keep Johnson locked up.

"The constitution prohibits me from holding someone who has not been convicted and who cannot participate in their own defense," the judge said. “We are at the end of the road. I can’t do anything but have him be released from the state hospital.”

Johnson has a cognitive disorder, prosecutors said. He was charged in 2007 with the 21 sexual assault charges. Authorities allege he had inappropriate contact with his stepdaughter and her cousin over five years beginning in 2001. Both alleged victims are now adults.

Taylor deemed Johnson incompetent for trial in 2008. Under Utah law, a defendant fits that condition if he suffers from mental illness, cannot understand the charges against him or is unable to participate in his own defense. For a civil commitment, a doctor must find that a person's mental illness makes him a danger to himself or others.

Judge orders legally incompetent sex offender released

The published rates of recidivism are in the range of 10% to 50% for pedophiles depending on their grouping. http://www.mayoclinicproceedings.com/content/82/4/457.full

Considering that this individual is already known to be a repeat offender, how can anyone say he is not a danger to the public?

I heard about this initially on HLN, and according to all accounts, this mentally incompetent individual has been a successful business owner.

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RE: This is criminal justice? - 4/7/2011 4:52:04 PM

Real0ne

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quote:

But Taylor said he had no legal authority to keep Johnson locked up.

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RE: This is criminal justice? - 4/7/2011 4:52:36 PM

Politesub53

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"Considering that this individual is already known to be a repeat offender, how can anyone say he is not a danger to the public?"

It might not seem right, but the court isnt releasing him on if he is or isnt a danger to the public. Seems to me that the courts hands are tied to what the legislation actually states.

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RE: This is criminal justice? - 4/7/2011 4:56:12 PM

Real0ne

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thats what I would like to know.

what does jlf expect for the judge to become a one man law making machine.

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RE: This is criminal justice? - 4/7/2011 5:03:53 PM

Fellow

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Based on the information, it seems, the judge made wrong decision. Criminally insane can be locked up. However, it is hard to tell without knowing the details. Maybe the judge was a fiscal conservative; it is not easy to keep people in the hospital considering the states are bankrupt.

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RE: This is criminal justice? - 4/7/2011 5:08:03 PM

Politesub53

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The link in Jlfs quote The States Doctors had found Johnson wasnt a danger to himself or others. The Judge didnt have any alternative.

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RE: This is criminal justice? - 4/7/2011 5:08:06 PM

jlf1961

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quote:

ORIGINAL: Politesub53

"Considering that this individual is already known to be a repeat offender, how can anyone say he is not a danger to the public?"

It might not seem right, but the court isnt releasing him on if he is or isnt a danger to the public. Seems to me that the courts hands are tied to what the legislation actually states.

Actually, the doctors who evaluated this individual reported to the court that he is "Not competent to stand trials" and "is no danger to the public."

Again, with him being a repeat offender, how can anyone say he is not a danger to the public, or are females under the age of 18 not members of the public?

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Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

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RE: This is criminal justice? - 4/7/2011 5:18:26 PM

Real0ne

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Well good doctors are hard to find now days

but things will get better now that we have ohaha health care!

< Message edited by Real0ne -- 4/7/2011 5:19:31 PM >

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Yesterdays tinfoil is today's reality!

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RE: This is criminal justice? - 4/7/2011 5:20:13 PM

popeye1250

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Simple, let the sob out!
Then find a fast pick up and a long chain and a nice bumpy dirt road in the country.

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RE: This is criminal justice? - 4/7/2011 5:21:20 PM

Real0ne

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is that like civilized murder?

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Yesterdays tinfoil is today's reality!

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RE: This is criminal justice? - 4/7/2011 5:36:51 PM

servantforuse

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I'm guessing that he is not a conservative judge.. Elections mean things..

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RE: This is criminal justice? - 4/7/2011 5:44:41 PM

Politesub53

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quote:

ORIGINAL: servantforuse

I'm guessing that he is not a conservative judge.. Elections mean things..

Reading not your strong point ?

Under the Law, the judges hands are tied to what the law states. I dont know why you find that hard to figure.

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RE: This is criminal justice? - 4/7/2011 5:48:43 PM

slvemike4u

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Wow servant...any opportunity at all to take a cheap partisan shot.You are one of a kind.
Let me ask you a question ...are you suggesting that a good "conservative" judge,despite the constraints of the law...would have found some way to lock the bastard up...legality be dammed?
Is that the type of judge you want on the bench when you or one of yours is in jeopardy ?

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RE: This is criminal justice? - 4/7/2011 5:52:38 PM

dcnovice

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quote:

ORIGINAL: servantforuse

I'm guessing that he is not a conservative judge.. Elections mean things..

Utah's Fourth District Judge James Taylor was appointed by Gov. Michael O. Leavitt, a Republican who also served in Bush II's cabinet. So I'm guessing he's not a bleeding heart. Facts mean things.

< Message edited by dcnovice -- 4/7/2011 5:54:20 PM >

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RE: This is criminal justice? - 4/7/2011 5:54:46 PM

tweakabelle

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This is a bit off thread but related and very funny too:

http://www.jesusandmo.net/2011/04/06/fifty/

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RE: This is criminal justice? - 4/7/2011 5:58:11 PM

Lucylastic

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I think he is a little more upset at the wisonsin judge election that didnt go well for "his side"
With regard to the OP,
I have no doubt about that, putting children at risk from people like him is the worst justice in the world.

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RE: This is criminal justice? - 4/7/2011 5:58:59 PM

servantforuse

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This guy will rape again. Some little girls blood will be on the hands of who ever let him out.

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RE: This is criminal justice? - 4/7/2011 5:59:34 PM

tweakabelle

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The judge ordered that two medical reports be prepared over the next 6 months. Reading between the lines, my guess is that the judge wants those reports to find this person to be "a danger to himself or others".

The judge would then have legal grounds for ordering his incarceration at the hospital, as far as I can make out on the basis of the OP.

It is a worry that a person with his history is on the streets. Would it be a bigger worry if he was illegally locked up in a mental institution?

< Message edited by tweakabelle -- 4/7/2011 6:06:20 PM >

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RE: This is criminal justice? - 4/7/2011 6:03:02 PM

servantforuse

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Since Lucy derailed the thread. The Supreme Court election in Wisconsin took a turn this afternoon. 10,000 + votes were not counted. Prosser is now leading by 7,500 votes. Good news for the conservatives in Wisconsin

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RE: This is criminal justice? - 4/7/2011 6:05:20 PM

Lucylastic

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quote:

ORIGINAL: tweakabelle

This is a bit off thread but related and very funny too:

http://www.jesusandmo.net/2011/04/06/fifty/

Sick puppy!!!
but I also had to laugh about one of the responses in there
I may have to use it elsewhere, hehheh
"Drawing a distinction between Islam and other organized religions is like claiming that batshit is better than bullshit. "

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