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March 20, 2009
Is it fitting and fair to call former Judge Kent a sex offender? Should he have to register?
As we ended class, it was obvious to me that many were troubled by my use of the "term" rapist to describe former Judge Kent. Though I would be happy to have folks comment/debate on that label, a more contemporary and valuable label to consider is "sex offender." Specifically, I am eager for everyone to consider (both in social and legal terms) whether the sex offender label can and should be affixed on Judge Kent in light of his admitted behavior.
As you think about this question in legal terms, keep in mind some of the legal consequences of this label. Sex offenders are now required to register in all states, and in many jurisdictions they are prohibited from living or working in certain places. They are also often prohibited from being involved in traditional Halloween festivities and a number of other activities many take for granted.
Finally, as you reflect on these issues, consider also the classic "who" question: which legal actor in the sentencing process should get to decide whether Judge Kent is to be legally considered a sex offender?
March 20, 2009 in Class activities | Permalink
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No. He is just a pig and a boor. The proper remedy would be for his victims to apply a smart slap to his face. Instead you get massive procedures, lawyer make work in lawyer rent seeking. Rent Seeking is a nice word for armed robbery, and should be criminalized. The prosecutors should be labeled rent seekers and should have to register, so they may be excluded or tracked wherever they choose to live.
Posted by: Supremacy Claus | Mar 22, 2009 6:28:47 PM
I am not a fan of this Mr. Kent, but I am less of a fan of sex offender registration laws, particularly the Adam Walsh Act. One thing I like to do when I consider criminal laws is to think of some of the most sympathetic defendants. For example, with sex offender registration laws, I think about the 18/19 year old boys who have consensual sex with their 15/16 year old girlfriends. Depending on the state's age of consent laws, this could be statutory rape, and lead to sex offender registration. Under Adam Walsh, this defendant would automatically have to register, likely for life as a Tier I offender. Under the pre-AWA system, a judge would have discretion to determine whether someone like this should register and for how long. In a case like this, the judge could reasonably believe that the boy was not a threat to become a repeat offender, unlike the creepy 42-year-old truck drivers you see on To Catch a Predator or whatever that show is called. Now the discretion is gone and tier determinations are made by the legislature, who will introduce dozens of sex offender related laws every session as part of their effort to be "tough on crime."
In other sex offender related news, it appears an Ohio lawmaker is trying to make teenage "sexting" a misdemeanor: http://blog.dispatch.com/dailybriefing/2009/03/lawmaker_aims_at_sexting_probl.shtml . I applaud the general idea, but I think starting out as a first-degree misdemeanor still might be too harsh for first time offenders.
Posted by: Shawn | Mar 26, 2009 10:36:09 PM
How does one explain the harshness of remedies against trivial sexual offenses which are merely hijinks? How does one explain the forbearance of the lawyer on the bench and in legislative seats for massive extreme criminality, such as rape, serial sex offenses?
Posted by: Supremacy Claus | Mar 26, 2009 10:51:28 PM
Here is another sex offender story, similar to sexting, a 14 year-old girl is being charged with possessing and distributing child pornography for posting pictures of HERSELF of MySpace: http://www.nbcnewyork.com/news/local/Girl-Charged-With-Child-Porn-for-Posting-Nude-Pics-of-Self.html . I agree with the Megan's Law mother that the police and prosecutors are doing more harm than good here. I hope the girl does not have to end up registering as a sex offender for ten years to life for a mistake she made at 14.
Posted by: Shawn | Mar 26, 2009 11:09:34 PM
This really belongs on the post about this topic but I don't know if people would still read it. The NYT did a follow-up on the victims of the PA judge who got kickbacks for sending kids to private detention centers http://www.nytimes.com/interactive/2009/03/28/us/20090328_JUDGES.html
Posted by: Caitlin | Mar 28, 2009 12:02:01 PM
I think the important who in this question (no doubt influenced by a variety of other whos in thier decision making process) is the legislature. In thinking about the question of this post, my immediate thought process was to wonder whether Judge Kent's crimes qualify for the sex offender label as set forth by legislation. If they do, and I suspect the admitted to behavior (although not the actual count pled guilty to) do qualify him for this label, I am relatively comfortable applying the "sex offender" label to Kent, despite the consequences that go along with this label.
Posted by: Zach | Mar 29, 2009 1:40:31 PM
I am still confused about how much the underlying conduct can be considered in any sentencing decisions on these facts. As of now I have two thoughts: (1) he should not have to "register" because I don't think anyone should have to register, at least the way it happens now; (2) he should not be a sex offender because even though he has basically admitted to a sex offense, he has not been convicted of one. This is further complicated by registration being considered a civil matter though, not really part of the sentence. In that case I would look into whether you can make someone register without a sex offense conviction. Maybe the prosecutors should have included registration in their plea deal if they wanted that to happen.
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