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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?"
I want a list of atrocities done in your name - Recoil
Um, actually it does matter if its a man or a woman. Cops typically won't haul the woman away. Indeed, even filmed on Cops, the wife admitted he didn't hit her husband, she hit him, and they STILL cuffed the man and took him away.
Justice indeed.
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
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.
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.