PC MA SJC HAHAHA

Woman cryingYes, the politically correct Massachusetts Supreme Judicial Court has given us another one of those decisions that we have to laugh at because if we didn’t we’d cry thinking that we have entrusted those judges with the power to make the law in this state.

What’s great about the MA SJC is that the judges rarely dissent. They all seem to walk in lockstep bizarre as that seems. Did you ever wonder why? I can only suggest they are cut out of the same cloth. It is a pity that we have no high court judges who view the world from other than those similarly tinted rose-colored glasses.

The latest case making our children less safe is John Doe v. City of Lynn where all seven judges agreed. Now here is what made me laugh to avoid crying. The judge who wrote the opinion, Justice Geraldine S. Hines, stated:Except for the incarceration of persons under the criminal law and the civil commitment of mentally ill or dangerous persons, the days are long since past when whole communities of persons, such Native Americans and Japanese-Americans may be lawfully banished from our midst.”

You understand what she is saying. That class 2 and class 3 sexual offenders as a group are to be treated in an equivalent manner as the Native Americans and Japanese-Americans. If she was consistent in her logic she would also object that the legislature require this community to register. Neither Japanese-Americans nor Native Americans are required to notify the authorities of their home addresses so why should the community of sexual offenders be so required.

She did note that the Legislature      prohibits level three sex offenders from living a rest home(sic) or other regulated long-term care facility. . . . has limited a sex offender’s ability to live with adopted or foster children. . . , or to work as a child care provider . . . a school bus operator . . . , or an ice cream truck vendor,. . .”  I assume that type of banishment is all right even though if the Legislature imposed similar restrictions on Japanese-Americans or Native Americans it would be found abhorrent and unconstitutional.

Judge Hines seems to be at sea on this issue. The Japanese-Americans and Native Americans committed no crimes; the community of class 2 and class 3 sexual offenders have. Like those who have been incarcerated for their crimes – the community of the incarcerated – there are consequences to committing crimes, Suggesting that a community of criminal offenders are to be considered in the same manner as a community that exists because of race, gender, ethnicity or any other reason that is an inherent part of a person’s existence is trying to pretend these people committed no crimes.

Judge Hines did note that persons who are serving prison sentences are banished from our midst; why then not compare apples with apples. The sexual offenders are more like those who are incarcerated because both groups have committed serious crimes. The sex offenders here are considered as individuals where the risk of re-offense is moderate (level 2) or high (level 3). They are unlike people who have no fault attached to them.

What the case is about is that the City of Lynn requires the sex offenders at those levels not to live within 1,000 feet of where children are expected to gather. Unfortunately for these offenders that rules out 95% of the city. There are 40 other communities that also have similar restrictions as to where these individuals can live. The restrictions in those communities are also tossed out. No community can bar this community of level 2 and level 3 offenders from living anywhere they please.

Justice Hines and her colleagues reasoned that the state legislature in passing the sex offender law did not set any restrictions on where sexual offenders could live except in circumstances not relevant here. The SJC reasoned that if the legislature wanted residential restrictions it would have done so itself or at a minimum set guidelines for cities and towns to impose them. However given Justice Hines broad language regarding banishment it too may be disabled from stopping class 3 high risk sexual offenders from living next to playgrounds and school yards where your kids gather and play.

The communities affected are: Ashland; Ayer; Barre; Barnstable; Braintree; Charlemont; Charlton; Chelsea; Colrain; Dedham; Dudley; Fall River; Fitchburg; Framingham; Hanover; Hanson; Hopkinton; Hubbardston; Leominster; Lynn; Marlborough; Mendon; Natick; Norwood; North Reading; Oxford; Pembroke; Revere; Rockland; Shirley; Somerset; Southborough; Spencer; Springfield; Swansea; Townsend; Waltham; Warren; Webster; West Boylston; and Weymouth.

 

 

 

10 thoughts on “PC MA SJC HAHAHA

  1. Matt,
    Very good post, but what happened to Flaherty Part 6?
    You hit a home run yesterday with Part 5 and quite frankly rejuvenated my interest level in the series.
    Double-post today?

    Thanks,
    R.N.

    1. Not to worry.
      Matt was targeting readers with attention span disorder….

      In other ha ha ha news

      http://www.theguardian.com/us-news/2015/aug/29/west-point-professor-target-legal-critics-war-on-terror

      West Point professor calls on US military to target legal critics of war on terror
      US military academy official William Bradford argues that attacks on scholars’ home offices and media outlets – along with Islamic holy sites – are legitimate

      Saturday 29 August 2015 08.00 EDT

      An assistant professor in the law department of the US Military Academy at West Point has argued that legal scholars critical of the war on terrorism represent a “treasonous” fifth column that should be attacked as enemy combatants.

      In a lengthy academic paper, the professor, William C Bradford, proposes to threaten “Islamic holy sites” as part of a war against undifferentiated Islamic radicalism. That war ought to be prosecuted vigorously, he wrote, “even if it means great destruction, innumerable enemy casualties, and civilian collateral damage”.

      Other “lawful targets” for the US military in its war on terrorism, Bradford argues, include “law school facilities, scholars’ home offices and media outlets where they give interviews” – all civilian areas, but places where a “causal connection between the content disseminated and Islamist crimes incited” exist.

      “Shocking and extreme as this option might seem, [dissenting] scholars, and the law schools that employ t

    2. What did you plan to do with the
      Information Matt has shared with you?

      In other news
      There’s no public tracking of annual gun thefts from law enforcement officers. But a 2003 audit by the U.S. General Accounting Office found that the FBI and 14 other federal agencies reported more than 1,000 guns lost or stolen from September 1998 to July 2002 — a haul that the GAO said demanded reforms.

      http://www.sfchronicle.com/crime/article/Thefts-of-officers-guns-raise-questions-about-6473661.php

      Also see

      Prison Watch Network
      Dedicated to gathering documentation directly from prisoners, from media and other sources about prisons and prisoners’ human rights abuse
      About the Prison Watch Network

      http://prisonwatchnetwork.org
      Western States Prison Watch
      NorthWest
      Southern States Prison Watch
      Central-Mid-US Prisonwatch
      East-Coast PrisonWatch

      Black Prisoners’ Lives Matter: The Dallas 6 Blow the Whistle on the Inside
      Posted on August 25, 2015 by californiaprisonwatch
      Monday, 24 August 2015 00:00By Shandre Delaney,

      There is a common thread that connects human rights struggles today. Take a

  2. msfreeh,

    Here are the details………….

    Saturday 8/29/15 with rain date of Sunday 8/30

    2pm – 9pm

    Malibu Beach, Savin Hill — off Morrissey Blvd …… opposite UMass Boston, just before the draw bridge

    Funded partially by Save the Harbor Save the Bay Better Beaches Grant
    Additional support from IBEW Local 103, UMass Boston, & more……

    Family focus 2pm – 5pm with following activities:

    New England Aquarium Traveling Tidal pool exhibit
    Zoo New England exhibit
    face painting
    arts and crafts by DotArt
    puppet show
    bubble demo by the Bubble Guy (a kid favorite)
    Kids games facilitated by Knucklebones
    shoreline expeditions by Save the Harbor Save the Bay naturalists
    & more

    Wider appeal, more adult-focus from 5pm – 9pm with:

    live music featuring:
    The BEACHCOMBOVERS
    MELVERN TAYLOR & HIS FABULOUS MELTONES
    ROCK BOTTOM
    giant games (ala Lawn on D) include:
    Jenga
    Connect 4
    Operation
    Corn Hole
    & more
    food trucks

    Product sampling and giveaways from:
    Magic 106.7
    Cabot Cheese
    Clif Bar
    Zico Water
    Polar Beverages
    & more

    Sea yah down the beach!!!

  3. Late arrival from the whisper stream

    http://m.citizensvoice.com/news/agent-testifies-in-donahue-case-1.1934034

    FBI Agent Michael Baumgardner, one of the case agents in that fraud trial, taunted Donahue during an interview, saying “Gordon Zubrod says hello,” a reference to an assistant U.S. attorney who had prosecuted Donahue in the 1980s and would be prosecuting him again.

    After Baumgardner denied making that statement under oath and was refuted by another agent, prosecutors began discussing the possibility he had perjured himself, leading to his crisis.

    On the stand Friday, he recalled that he had not been sleeping for days due to stress from family problems and from the trial.

    When questioned on his actions then, Baumgardner responded that he had trouble recalling much of what happened during that period.

    The day after he testified in the fraud trial against Donahue, Baumgardner locked himself in a bathroom at the U.S. Attorney’s Scranton office with his gun and only surrendered after a tense standoff with a superior. He then admitted himself to a mental hospital, and from there attempted to contact the FBI and the U.S. Attorney’s office with criticisms of Zubrod. On Friday, Baumgardner called those accusations “a series of irrational concerns.”

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