Proposed CA Bill Would Create Domestic Offender Database
AMuse writes "The Ledger brings us a New York Times report that a newly proposed bill would create a web-searchable database of persons convicted of domestic violence. Fiona Ma, the bill's author, claims: 'If you're online, Googling and looking for information on someone you met in a bar or on MySpace, this would provide a tool for people to go and look to see if someone who is suspicious and a little creepy has a history of violence.' Is this evidence that the opponents of Megan's Law are correct, and sooner or later all of one's run-ins with the law will be searchable by the public?"
Let he who is innocent cast the first stone.
Almost everyone has broken the law in some way whether it's a parking fine, pinching pens from work or dropping litter as well as more serious crimes. Whilst I don't support having things like this searchable and available, I can't imagine there will be many people not on some database somewhere for some minor crime or other. Most of us probably manage to avoid being caught for the pen pinching etc. but that's between us and our concience and hopefully that would inform the weight we'd put on the value of finding out some potential friend had been caught doing something 'bad' - only individuals can decide what sort of level of offence they can live with.
I want a list of atrocities done in your name - Recoil
In "City By The Sea", there's a scene where Robert De Niro's character is layout out his history to his new girlfriend. He was married, but is now divorced, and has a son who hates him because his ex-wife has "done a number on him". Among other things, she calls him a wife beater. He explains that he "lost control" once, and that was the day he decided they needed to get divorced. There's never an excuse to beat up on a woman, but there's a difference between a habitual wife beater and someone who falls victim to their rage, recognizes there is a problem and gets the hell out. Domestic violence laws don't take that stuff into account.. and that's the problem with profiling people.
How we know is more important than what we know.
I think the Megan's law thing is great and all but it probably needs to stop there. I understand wanting to be safe and all put this goes towards public humiliation. Domestic violence laws are already kinda weird in regards to the situation where often, just the fact that the police get called means somebody HAS to go do jail. I don't think we need this kind of thing for every single violent crime. I think even Megan's law is a bit harsh and needs to be reevaluated since I'm sure, as with all other "Justice", there are a ton of people who's lives are ruined that probably didn't need to be. (ie There was that case in GA where a 17yr old boy got a BJ from a 15 yr old girl and got 10 years in prison and has to walk around with the 'Sexual Predator' moniker for the rest of his life) Let's leave it rest with Megan's law.
You'll have that sometimes...
"Domestic Offender" is the most meaningless and undescriptive phrase I have heard in a long time. Can we get a new name for it?
Ascii artist &
Absolutely, completely not acceptable. Megan's Law is already borderline acceptable. The only reason I see that Megan's Law should be allowed is that minors can't really control the situation they are in so it gives the parents a tool to help keep their kids away from situations/people that might take advantage of a child's lack of understanding. Adults can make decisions on their own. If a guy is exhibiting symptoms of domestic violence (jealousy, control, isolation) and the other ADULT doesn't decide to leave thats on him/her. Last I checked, once you serve your sentence your debt to society is paid - they shouldn't be continually exposed to harassment, social isolation, and discrimination.
...And when they came for me, there was no one left to speak out for me." - Martin Niemoeller (1892-1984)
The first time someone called John Smith beats up his wife, all the other John Smiths will suddenly find it much harder to get dates.
Slashdot Burying Stories About Slashdot Media Owned
Sex offenders will have to where a big red "S" on their outer most layer of clothing/jacket/etc, domestic offenders a big "D," and adulterers...
this is just silly... These lists and databases post only enough information to be dangerous. Sure, the rest of the information is out there for people who'd actually spend the time to research it and judge for themselves, but who's really going to do that after seeing Joe Neighbor on the list..? This just caters to the idea of mob-justice.
Leave the databases with law enforcement... That by itself will be bad enough.
--- no sig to see here... move along.
But aren't things like police records not private??? It was my understanding that you could freely pull this kind of information anyway. Could be wrong...
I'm afraid this is going to turn into something where one person's word alone will be enough to put someone on this list for life.
Perhaps we need a list of domestic partners who have a history of goading their significant others to violence?
While I wholeheartedly think this is a TERRIBLE idea, aren't convictions a matter of public record already? Not that there's a handy-dandy easy-to-use website with all the information right there, but a trip to the courthouse or $40 paid to one of the online background check services can already get all the information... and not just for SA/DV, for everything down to speeding tickets..
Facts do not cease to exist because they are ignored. - Aldous Huxley
The police, social services, doctors. That's it.
These groups should be provided instant access to this information, based on zip, address, phone number and any number of other criteria that might be useful.
When a member of these groups has a case they are on where any sort of violence has occurred (kid beat up, mom beat up, random woman/man beat up, etc.) they check the records on that person AND their address/phone to see if there is a potential abuser in their home/neighborhood whom they may be married to, dating, etc.
Domestic violence is not lethal if you catch it early... so they people who can do something about it need to know ASAP. The general public OTOH can't do a thing except cause a panic or Mob response.
Social services is very important here. Police have more dangerous (to the general public) perpetrators to worry about and Doctors can only report evidence. Once someone is identified though a social serv. rep should be assigned to check up on them and their family or any one they could be dating (and their doctors, firends, extended family).
A fool throws a stone into a well and a thousand sages can not remove it.
And there's a big difference between being on display in a disused lavatory guarded by a leopard and being beamed to everyone's wrist-top computer...
"Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
I'm against public "lists" of people who haven't been convicted of any crime. However this bill is about people who have been convicted.
I'm also against public "lists" of people who are not currently dangerous. Many people who would be on this list, and for that matter many people on the sex-offender registries, are no longer dangerous. There is something about having spent time in the Big House and not wanting to go back that keeps many people from re-offending. Having these people on public lists not only clutters up the list making it harder to pick out those who are really dangerous, it also makes it harder for these people to live normal lives. Being allowed to live a normal life is known to decrease stress and decrease recidivism.
As far as who should be allowed to see this new California list:
I'd say limit it to police, domestic-violence shelters, and, upon a written, signed request, any individual who can demonstrate a need to know. "I'm dating this guy" would be enough. Anyone with access would need to sign a non-disclosure agreement.
If I were in charge of the sex-offender database, I'd make access similarly difficult: Institutions that had a need to know would get access to those individuals who were a threat to their clients, and individuals could get a list of those who were a risk to them or their children based on where they lived, worked, went to school, day care, etc. However, it would all be under non-disclosure.
Barring specific circumstances, there is no reason in the world I should have access to the addresses of dangerous domestic-violence-offenders, dangerous sex-offenders, or other dangerous ex-cons who live outside of my community. There is no self-protection reason I should have access to the addresses of non-dangerous violence-, sex-, and other-offenders at all.
Landlords, employers, etc. can and should do a full-scale criminal background check. Criminal background checks don't usually include addresses, but they do include name and date of birth and enough other information to cross-check a prospective tenant or employee.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
For one thing, just because something isn't specifically a "secret" doesn't mean it has to be outed to the world in general.
While it's not always the case, the legal system is not supposed to be for 'retribution.' However, it is intended to have the effects of deterrence, rehabilitation, and protection of the public at large.
The first two tend to be falling by the wayside. Yes, in a lot of cases you have to do something fairly bad to get a record. In a lot of cases, though, you can be a victim of poor circumstance (and poorer defense counsel). The more easily it is to judge, and thus cast aside, somebody with such a record, the less effect the aspect of rehabilitation becomes. Why? Well, it's pretty damn hard - and increasingly so - to get back on track. Hard to get a job, hard to start or resume your life, and now hard to start a relationship.
So who are we trying to protect? How about people who have served their time, paid their dues, and are willing to start again. If we're not willing to allow this, then in many cases we might as well just hand out life sentences or even executions straightforth. If dude screwed up at age 20, and he still can't get a decent job, girlfriend, etc at age 30... what's the chance he's going to stay clean when he has no opportunities in life?
Who else does it protect? Well I'd hate to break it to you, but most search systems of this nature suck. There are plenty of people that have had their *credit* royally screwed up because they had the same name as somebody else. As many people have had issues wherein they have the same name as somebody with a record. So what happens to "Chris S Smythe" from Washington meets a girl who then looks up his record, and "Chris M Smythe" from Texas happens to be a an offender?
I know people who have had bad relationships. I know guys who have had their asses handed to them by their girlfriends and yet somehow been at fault. Some of them are big guys too, but that doesn't matter when the woman's got a rolling pin in her hand. But when the police show up, and dude is twice the size of his girlfriend, and she's accusing him of abuse... guess what happens. Moreover, their ability to mount a defense is hampered by the mentality that "I'm big, she's small, but even though she's got a carving knife if I take her down the cops are going to come after me." Same thing happens to women too, but the fact is that the law, and society as a whole, tends to generalize men as the aggressors, and a lot of people get screwed because of it.
So yeah, personally I think this would be a very bad idea, that could screw up the lives of a lot of good people.
Yeah. When we have an argument, my wife fights dirty by bringing out the tactical nuke:
"I'll call the cops and say you beat me", even though I never laid a finger on her. I have a job that requires a clearance and can't afford to fight even a baseless accusation like that.
Posting AC for the obvious reason.
1. Contest the charge. You will have to find a new place to live. You will have an automatic restraining order against going to your home (even if you own it). You won't be able to see your family. This will last around 6 to 12 months as the case works its way through the system. Just once I'd love to see someone who was arrested and kicked out of his house that he owned free and clear either try to sell, evict his family, or charge them rent.
The eviction or rental suit would probably drag on for years but eventually the courts would probably rule in his favor: It's his financial asset and he has the right to sell it or rent it to whomever he chooses. For him, the victory would come too late but it would be a useful precedent.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
These laws are pretty much designed to target men to protect women and children. As a man, I want a database that shows every single intersection between those I meet and the legal system. If I were single, I'd want to know everything the government knows about the criminal record of every woman I consider dating. Huh, you mean you really were married three times in the past five years, all to rich men? Wow, that's interesting. No second date for you, honey. You've filed rape charges against several men after going on dates with you in the past few years. You're not getting a second chance!
Put up or shut up. The 14th amendment demands equal protection before the law. Either expose everything, or don't do anything.
Massachusetts has a criminal database that employers can use. It doesn't include just convitions, it includes everything.
Charged with a crime and found innocent? You have a CORI record.
Charged with a crime and the case was dismissed? You have a CORI record.
Someone filed a restraining order against you? You have a CORI record.
Case was vacated? Sorry, you have a CORI record.
The system is never cleaned. The record is there for life.
Will the database include links to profiles of the women who deserved it?
Seriously, though, the MENTAL abuse by women is just as bad as the PHYSICAL abuse by men (yes, I'm making generalizations as between men and women), but the law only seems to address physical abuse.
of criminal records for a background checking company, there is already a searchable databases available online in many places that will yeild all that and more. There are databases in florida of people who were just arrested, not charged, not convicted. Theres really nothing new to see here.
The only thing missing is someone collecting them all and cross referencing EVERYTHING and putting it online. I've done it locally for my own personal database but I wouldn't dare put it online with all the litigation happy asses around.
I see lots of posts here, but I've had to actually experience in this matter.
1. During a bitter divorce and custody battle, my wife claimed abuse. I made a counter-claim that she was abusive, and provided proof. But it was only me that was sent to a DV (domestic violence) evaluation.
2. The evaluation used my childhood history against me, my father divorced my mother when I was young, and he is an alcoholic. And the theory is little boys emulate their fathers...
3. They put in the parenting plan, I had to do whatever the counselor recommended, and DV treatment was recommended. Even though no proof and witnesses testimony that I don't drink, and people staying with us over the last 15 year, including family members, said I was not abusive, but took the abuse of angry wife. (Just yelling, she was never physically violent with me, just the children)
4. I never got my day in court, I was told to goto treatment, never a jury of my peers. No felony, no misdemeanor, no probation. But if I didnt do the treatment, I didnt get to see my children.
5. Its freaking HARD to pass treatment and say you havnt committed DV. I'm on my 2nd class, after being kicked out of the first one for not accepting my actions. Took me awhile to find a counsler who wouldnt automatically assume I was guilty, and passed me onto stage 2, monthly classes.
6. Classes are expensive, and a year long of weekly group classes, 6 months minimum, then if you are ready, monthly to completion of the year.
7. Many men are in the class for a plea bargin to get out of jail. In a must arrest state, cops are used conflict resolution, they arrest the guy in almost every verbal argument or claim of a fight. About 1/3 of the guys in classes are innocent. Its very easy for a woman (or man) to claim DV, and someone can be arrested, and jailed with a high bail, basically sitting in jail for months, unless you pleaded to a DV crime, and are released.
Lucky I wouldn't be in the database, I was the only one who didnt goto criminal court. I was amazed how many men didn't want a day in court, just plea bargained so the other charges would be dropped. Its common for multiple charges to be given so the person will plead guilty to the lowest one, so the state gets a conviction.
Many men dont realize just how bad it is, its not a law that affects the criminals it effects every MAN.
Exactly the words I would use to to describe a person whose first impulse on meeting someone is to go "Googling and looking for information" on them.
This is complete crap.
6 years ago I was going through a bitter divorce and child custody battle. As a person with money in the bank and a stable living environment, there wasn't much she or her lawyer could do with the *truth* to make a case that i shouldn't have custody of my child, so he (her lawyer) decided she should make stuff up. I.e. I was physically and/or sexually abusive. Divorce lawyers do this *all the time*
I think the domestic violence laws are unconstitutional. The presumption of innocence until proven guilty is completely thrown out the window when someone makes an accusation. The short version is while all she was meaning to do was file a police report and have some "documentation" to bring to family court that she made an accusation that i had physically abused her and my child, the police came and TOOK ME TO JAIL.
It was my word against hers and there were no witnesses.
When i was charged and taken to jail to await araignment, she tried to drop the charges.
She started to explain that she wanted to just have a complaint on record, not send me to prison.
She quickly dropped that line of explaination when they informed her about the penalties for filing a false crime report leading to an arrest. In order to drop the charges against me, she'd have to confess to making them up, and risk being jailed herself.
Well she wasnt about to do that.
So then my case went to trial. Even though she refused to testify. I LOST.
I was given 3 years probation, no jail time, and a restraining order that made it illegal for me to come within 100 yards of my child for the next 3 years, unless a family court judge overturned the order. (which luckily i was able to do within 6 months, as well as get my conviction reduced to a misdemeanor).
All of this arose from a false accusation meant to give her an edge at family court proceeding.
She and I both know that her claims are baseless and nothing ever fucking happened.
I understand that there are real victims out there that need protection, but for every 5 of them theres one of me.
A guy who's never hit a woman in his life.
A false accusation.
The system is NOT flawless by any means.
Things slip through the cracks.
Besides, this information already comes up when you do a background check for employment, when you rent an apartment, or apply for a home loan.
All interested parties who need to know your criminal record can require a background check.
Now, in addition to all that I get on a list of "creepy woman beaters" that is published on the internet because my ex wife is a total bitch?
This law is completely fucked.
We might as well line everyone up in shackles in the public square and tell pedestrians to throw rotten tomatoes at them.
i want a drug dealer database with the price information :)
You, sir, win the internet for using that practically in a sentence.
http://www.opensecrets.org/
I believe it's only for the US; sorry for not reading further into parent posters to see if they were from other nations.
Many innocent men are victims of false allegations of domestic violence. Many are posting their experiences here. Not surprisingly, they all seem to be posting as Anonymous Coward.
If you set your filter to 0 and above for this story, you'll get the most interesting comments.
It's a nice idea, but how does one decide whether or not someone is currently dangerous? Assuming that you could do this reliably, then why even bother with lists as opposed to keeping the dangerous criminals seperated from the rest of society until they are no longer dangerous?
That's my problem with these lists, either someone is too dangerous to be let back into society, in which case they shouldn't be on a list and instead in some kind of institution or jail, or they have served their time and are no longer dangerous, and thus should be able to live their lives without the stigma of being on some list.