Federal Appeals Court Says Sex Offender's Computer Ban Unfair

crimeandpunishment writes "A federal appeals court says a 30-year computer restriction for a convicted sex offender was too stiff a punishment. The man, who was caught in an Internet sex sting, had been ordered not to own or even use a computer." The D.C. Circuit Court's opinion in the case against Mark Wayne Russell is available as a PDF; slightly longer coverage from the Courthouse News Service.

Comments

No such thing as "strict"

[suman28]

Sex offenders should be locked up permanently or executed. End of story. There is no "strict" punishment for anyone that brings harm to kids. Won't someone please think of the children?

Re:No such thing as "strict"

[X0563511]

Sir, please come with me.

Our records indicate you spend an unacceptably disproportionate amount of time thinking of the children. You have automatically been flagged as a sex offender, and as such are subject to permanent imprisonment or execution.

Now, before you panic, we realize you didn't harm anyone. Execution is unlikely. See? Nothing to be afraid of. Now, please be a dear and follow these nice guards out to the van. I'll see to it your family is notified.

Re:Eh?

[kimvette]

No more cruel than permanently scarring someone's emotional/mental health.

Let's keep this in context

[Rogerborg]

The guy set out to methodically groom what he thought was a 13 year old girl for sex. If you think a 30 year computer ban is too harsh, then fine, let's just throw him back in jail instead. Happy now?

Re:Eh?

[stonewallred]

There was a woman, several years ago who shot the man accused of molesting her son, while he was being tried, in the courtroom at that. If someone is a diagnosed pedophile, there is only one sure fired way to make sure they never do it again, a bullet through the head, or a more humane method if that is your preference. Note that I am speaking of pedophiles, not a 19 year old fucking a 16 year old. They would jerk off to childrens' clothing ads and try and watch TV shows with kids in them when I was incarcerated. They would cut out pictures of kids out of magazines and newspapers and make jerk off books by gluing the pictures inside of a magazine. We'd beat them down, the guards would beat them down, and they would not stop, could not stop more likely. They would go to a sex offenders program (I was a peer counselor in the substance abuse programs while incarcerated and they tried to train us to be "peer counselors" for that little experiment. I am proud to say none of us managed to make it through the training)and "graduate" get promoted to a lower level of custody, get paroled, and would be back in within a year. It is bad to say that the death penalty is the only way to stop them, but it is. They can no longer (no matter if it is nurture or nature)change their sexual orientation towards children than you can change your sexual orientation towards . And they exhibit a lack of control in acting out. If they did not, no one would ever know they were a pedophile. Unfortunately by the time they ID a juvenile pedophile, they have usually offended against at least 8 other children. And why yes, I have to learn about these things because I am currently doing my internship for the NCDOC to become a LCAS.

Re:Simple.

[BitZtream]

The computer is just a utility,

So is a car ... and a gun.

The computer doesn't do the molesting, molester's do the molesting

The computer facilitates him being able to contact those that do the molestation. It allows him to purchase/steal/whatever kiddie porn. By preventing him from using a computer, you prevent him from participating in that. That lowers the appeal to anyone trying to sell it, even if its just a little.

And according to the courts previous judgement, he did break the law with his computer. He is KNOWN (just like in a DUI case or a murder with a gun) to break the law and do extremely unacceptable things using a computer. It blows my mind that you somehow think computers are different.

If we start piecemeal restricting people from the things that could be used to aid in causing harm, what will we have left?

I am not restricted. I will not be restricted. I own and use both a car and several computers every day, I also occasionally take my gun to the firing range to blow off some steam. Do you have the slightest clue WHY I'm allowed to do all this?

I have not downloaded kiddie porn.
I have not killed someone with a gun.
I have not killed someone with my car.

So until such time as I break the law and do something extremely bad with one of those items, I won't be restricted, but once I do the story changes. You know how you don't get restricted? DON'T do something wrong. If you don't think any of those things are wrong well ... thats an issue in and of itself that you need to get addressed I think ... but assuming you are sane ... oh never mind, if you were sane I wouldn't be responding.

Typical America, treating the symptoms, not the problems.

Typical moron, instead of accepting that we don't have a perfect solution, you say just stop ... brilliant idea. We're not perfect so lets not do anything. Fortunately the rest of the world doesn't agree with that sort of ignorance. Think about what you're saying and apply it to anything else, computers even ... 'we don't have the perfect solution, so lets just not use computers' ... does that make you realize how dumb your statement sounds?

Whats next, we give the DC sniper and son their guns back because after all, the guns don't kill people so they certainly should be able to own a gun ...

Re:Unfair?!

[X0563511]

Yes.

You see, I believe in fair and proportional punishment. I also believe in not crippling someone's involement in society when they are released back into it. If he hasn't paid his dues, then why the fuck is he out of jail?

Put him in jail, put him in a mental facility, put him on parole... whatever you need to do THAT FITS THE SYSTEM (and doesn't go into the "crime + computer = OMG WTF KILL HIM" pattern)

Re:Eh?

[flyneye]

Screwing latina or Asian women or even adult men doesn't cause aberrations in the mental processes needed for later in life. Screwing children screw them up and cause an alarmingly higher rate of the disease self perpetuating. Vaccination with lead and brass can cure this disease in our lifetime. Some symptoms of the disease even include sympathetic tendencies toward child fuckers and should be vaccinated immediately 6 or 7 times in rapid succession cranially.