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	Comments on: N.C. offender arrested for attending church	</title>
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	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: Rick		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-76814</link>

		<dc:creator><![CDATA[Rick]]></dc:creator>
		<pubDate>Mon, 09 Nov 2009 23:29:15 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-76814</guid>

					<description><![CDATA[My name is Rick and I was convicted of a sex offence in  1983, at trial 
I plead not guilty,and was given a Life sentence plus 3 years,I pulled 26 years of my life for a crime I did not commit, in prison,prior to this conviction I had an outstanding reputation in my community and worked and gave to chairatable organizations and never had any record with the law.In prison I kept maintaining my innocence,
and no one would believe me,I was only 28 when I was convicted,
In 1985 the person that put me in prison signed statements saying they lied on me, now I have WFMY News 2 and the Center on Actual Innocence on it and investigating it,because I took a polygraph Test
to prove that I am telling the truth about my innocence and it came back stating that I am innocent,but what really gets to me is that
I am forbidden to attend church where we don&#039;t even have a nursery
and don&#039;t even have but maybe a dozen of children that attend there,
I wouldn&#039;t even think about harming a hair on their heads, this rule 
has been blown way out of portion,I understand the need for protection of children and awareness,but to arrest someone for going to church just because they are a sex offender, come on get real america! Do they arrest the drunkered,the wife beater,the murderer,
the thief, the drug addict for going to church that may be getting your child hooked on drugs  while singing&quot; when the saints go marching in&quot;
so they can go out into the streets and commit rapes,robberys,murders
and etc. Don&#039;t kick us out, but lend a helping hand on the poor sinful man because that person may want to change,and as for us that has been framed up,it can happen to you ,some one that don&#039;t like you 
can plant drugs on your car and make an annoymous phone call
and how are you going to explain to the police they wasn&#039;t yours?
American Citizens if you even have a Bible read Matthew 7:1-7]]></description>
			<content:encoded><![CDATA[<p>My name is Rick and I was convicted of a sex offence in  1983, at trial<br />
I plead not guilty,and was given a Life sentence plus 3 years,I pulled 26 years of my life for a crime I did not commit, in prison,prior to this conviction I had an outstanding reputation in my community and worked and gave to chairatable organizations and never had any record with the law.In prison I kept maintaining my innocence,<br />
and no one would believe me,I was only 28 when I was convicted,<br />
In 1985 the person that put me in prison signed statements saying they lied on me, now I have WFMY News 2 and the Center on Actual Innocence on it and investigating it,because I took a polygraph Test<br />
to prove that I am telling the truth about my innocence and it came back stating that I am innocent,but what really gets to me is that<br />
I am forbidden to attend church where we don&#8217;t even have a nursery<br />
and don&#8217;t even have but maybe a dozen of children that attend there,<br />
I wouldn&#8217;t even think about harming a hair on their heads, this rule<br />
has been blown way out of portion,I understand the need for protection of children and awareness,but to arrest someone for going to church just because they are a sex offender, come on get real america! Do they arrest the drunkered,the wife beater,the murderer,<br />
the thief, the drug addict for going to church that may be getting your child hooked on drugs  while singing&#8221; when the saints go marching in&#8221;<br />
so they can go out into the streets and commit rapes,robberys,murders<br />
and etc. Don&#8217;t kick us out, but lend a helping hand on the poor sinful man because that person may want to change,and as for us that has been framed up,it can happen to you ,some one that don&#8217;t like you<br />
can plant drugs on your car and make an annoymous phone call<br />
and how are you going to explain to the police they wasn&#8217;t yours?<br />
American Citizens if you even have a Bible read Matthew 7:1-7</p>
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		<title>
		By: No Name Guy		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-73041</link>

		<dc:creator><![CDATA[No Name Guy]]></dc:creator>
		<pubDate>Tue, 13 Oct 2009 15:38:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-73041</guid>

					<description><![CDATA[Todd

I realize you&#039;re asking for the sake of clarification....

It begs the question of what part of plain English do the courts, or our Congress or Legislatures fail to understand?  If I want to go to church, there is nothing that Congress can do to stop me - period.  It doesn&#039;t matter how wicked, or evil I may be - the inherent human right to practice their religion in this context is inviolatable.  The man simply went to church - he didn&#039;t kill, rape, rob or do anything to anyone while there.  Simply going to church in this context can not be a crime.

But you bring up precisely what is wrong with the country today - simple concepts (such as free speech &#038; religion, that when the constitution says &quot;people&quot;, the meaning is consistent throughout, that one man is not entitled to live off the sweat of anothers work at the point of a gun, etc) are incomprehensible to too many people.]]></description>
			<content:encoded><![CDATA[<p>Todd</p>
<p>I realize you&#8217;re asking for the sake of clarification&#8230;.</p>
<p>It begs the question of what part of plain English do the courts, or our Congress or Legislatures fail to understand?  If I want to go to church, there is nothing that Congress can do to stop me &#8211; period.  It doesn&#8217;t matter how wicked, or evil I may be &#8211; the inherent human right to practice their religion in this context is inviolatable.  The man simply went to church &#8211; he didn&#8217;t kill, rape, rob or do anything to anyone while there.  Simply going to church in this context can not be a crime.</p>
<p>But you bring up precisely what is wrong with the country today &#8211; simple concepts (such as free speech &amp; religion, that when the constitution says &#8220;people&#8221;, the meaning is consistent throughout, that one man is not entitled to live off the sweat of anothers work at the point of a gun, etc) are incomprehensible to too many people.</p>
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		<title>
		By: Todd Rogers		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72979</link>

		<dc:creator><![CDATA[Todd Rogers]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 19:57:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72979</guid>

					<description><![CDATA[No Name Guy- are you sure about that?  You&#039;d probably strike out with that defense.]]></description>
			<content:encoded><![CDATA[<p>No Name Guy- are you sure about that?  You&#8217;d probably strike out with that defense.</p>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72978</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 19:31:42 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72978</guid>

					<description><![CDATA[I can only conclude that some good Christian -- you know, the sort who talks about forgivenness of sins -- called the cops on finding this guy in Church.

Bob]]></description>
			<content:encoded><![CDATA[<p>I can only conclude that some good Christian &#8212; you know, the sort who talks about forgivenness of sins &#8212; called the cops on finding this guy in Church.</p>
<p>Bob</p>
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		<title>
		By: R		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72976</link>

		<dc:creator><![CDATA[R]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 19:01:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72976</guid>

					<description><![CDATA[This seems like another case of bureaucratic rigidity trumping common sense.

300 feet? I can think of a lot of ridiculous results from such a policy. The mall near my home when I grew up had (has?) a play area for children in the middle of it. I wonder if it&#039;s forbidden for registered offenders to shop there.]]></description>
			<content:encoded><![CDATA[<p>This seems like another case of bureaucratic rigidity trumping common sense.</p>
<p>300 feet? I can think of a lot of ridiculous results from such a policy. The mall near my home when I grew up had (has?) a play area for children in the middle of it. I wonder if it&#8217;s forbidden for registered offenders to shop there.</p>
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		<title>
		By: A.W.		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72975</link>

		<dc:creator><![CDATA[A.W.]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 18:19:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72975</guid>

					<description><![CDATA[Bill

Now i think about it, i would be willing to bet that there is a requirement of knowing or something like that.]]></description>
			<content:encoded><![CDATA[<p>Bill</p>
<p>Now i think about it, i would be willing to bet that there is a requirement of knowing or something like that.</p>
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		<title>
		By: Bill Alexander		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72974</link>

		<dc:creator><![CDATA[Bill Alexander]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 18:08:16 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72974</guid>

					<description><![CDATA[Are there maps showing the prohibited areas? I can imagine many ways this law could be abused by police and prosecutors. How about being on one side of a river with a daycare center on the opposite side and no bridges for a mile? Although I am no friend of sex offenders, I believe there have been as many abuses of the rules as there have been benefits.]]></description>
			<content:encoded><![CDATA[<p>Are there maps showing the prohibited areas? I can imagine many ways this law could be abused by police and prosecutors. How about being on one side of a river with a daycare center on the opposite side and no bridges for a mile? Although I am no friend of sex offenders, I believe there have been as many abuses of the rules as there have been benefits.</p>
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		<title>
		By: A.W.		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72971</link>

		<dc:creator><![CDATA[A.W.]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 16:48:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72971</guid>

					<description><![CDATA[nevis

you wrote: &quot;The place is intended primarily for religious worship and related activities.&quot;

i am sure the interpretation they are pushing is that the church and the daycare are two different &quot;places&quot; in that sense of the word and thus while the church is not automatically verboten, a church within 300 feet of a daycare is.

Personally i don&#039;t have alot of sympathy for these guys, and yes, the recidivism rates are much higher.

And note there is some selectivity in the numbers Caldwell gave.  for instance, rates of conviction is not the same as how often they committ crimes.  further, the claim that victims are usually attacked by people they know can be very misleading.  People take this kind of statement to mean you have to worry about friends and family more than anyone else.  but actually it is much looser than that.  for instance, in the context of murder, if one gang leader guns down another, it is not considered stranger crime in FBI statistics. 

That all said, I would favor a limited exception here.  a man should, within reason, be allowed to practice his religion.  (i say &quot;within reason,&quot; or else soon you would hear people claim their crimes are their religious duty).  Some Catholics, for instance, believe that they must gain weekly absolution via. communion.  But bluntly i favor a prosecutorial discretion approach--i.e. we don&#039;t make it a rule that you are allowed to go to church, we just don&#039;t go after you for doing it.  that way the perv knows to be on his best behavior.

Of course, that begs the question, is that what is happening here?  When the police seem to be overreaching this way--i.e. busting an 18 year old guy for statutory rape of a 17 year old girl--you have to wonder if there is more to the story than we are being told.  I suspect if we talked to the prosecutors and got the whole story, we would realize this guy needed to be locked up.]]></description>
			<content:encoded><![CDATA[<p>nevis</p>
<p>you wrote: &#8220;The place is intended primarily for religious worship and related activities.&#8221;</p>
<p>i am sure the interpretation they are pushing is that the church and the daycare are two different &#8220;places&#8221; in that sense of the word and thus while the church is not automatically verboten, a church within 300 feet of a daycare is.</p>
<p>Personally i don&#8217;t have alot of sympathy for these guys, and yes, the recidivism rates are much higher.</p>
<p>And note there is some selectivity in the numbers Caldwell gave.  for instance, rates of conviction is not the same as how often they committ crimes.  further, the claim that victims are usually attacked by people they know can be very misleading.  People take this kind of statement to mean you have to worry about friends and family more than anyone else.  but actually it is much looser than that.  for instance, in the context of murder, if one gang leader guns down another, it is not considered stranger crime in FBI statistics. </p>
<p>That all said, I would favor a limited exception here.  a man should, within reason, be allowed to practice his religion.  (i say &#8220;within reason,&#8221; or else soon you would hear people claim their crimes are their religious duty).  Some Catholics, for instance, believe that they must gain weekly absolution via. communion.  But bluntly i favor a prosecutorial discretion approach&#8211;i.e. we don&#8217;t make it a rule that you are allowed to go to church, we just don&#8217;t go after you for doing it.  that way the perv knows to be on his best behavior.</p>
<p>Of course, that begs the question, is that what is happening here?  When the police seem to be overreaching this way&#8211;i.e. busting an 18 year old guy for statutory rape of a 17 year old girl&#8211;you have to wonder if there is more to the story than we are being told.  I suspect if we talked to the prosecutors and got the whole story, we would realize this guy needed to be locked up.</p>
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		<title>
		By: Jim Collins		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72970</link>

		<dc:creator><![CDATA[Jim Collins]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 16:17:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72970</guid>

					<description><![CDATA[Two 17 year olds make a video of them having sex.  The file sits on a computer for several years.  In the mean time several years pass and the couple marries.  They take their computer to a shop to have a virus removed.  The technician finds the video and calls the Police.  The man now 22 is charged with posessing kiddie porn.  No charges are made against his wife.  He&#039;s fighting it, b ecause if he loses he is on the sex offender registry.  He&#039;s in college to be a teacher.]]></description>
			<content:encoded><![CDATA[<p>Two 17 year olds make a video of them having sex.  The file sits on a computer for several years.  In the mean time several years pass and the couple marries.  They take their computer to a shop to have a virus removed.  The technician finds the video and calls the Police.  The man now 22 is charged with posessing kiddie porn.  No charges are made against his wife.  He&#8217;s fighting it, b ecause if he loses he is on the sex offender registry.  He&#8217;s in college to be a teacher.</p>
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		<title>
		By: No Name Guy		</title>
		<link>https://www.overlawyered.com/2009/10/n-c-offender-arrested-for-attending-church/comment-page-1/#comment-72966</link>

		<dc:creator><![CDATA[No Name Guy]]></dc:creator>
		<pubDate>Mon, 12 Oct 2009 15:34:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=14113#comment-72966</guid>

					<description><![CDATA[No brainer defense on this one:  Congress shall make no law respecting the establishment of religion NOR PROHIBITING THE FREE EXERCISE THEREOF.

No one - not Congress, not a legislature can&#039;t prohibit a person from attending a church of their choice.  

The pastor and or the congregation may not want them there - and it&#039;s there choice to invite the person to move along.  But it&#039;s not the decision for anyone in government to make.]]></description>
			<content:encoded><![CDATA[<p>No brainer defense on this one:  Congress shall make no law respecting the establishment of religion NOR PROHIBITING THE FREE EXERCISE THEREOF.</p>
<p>No one &#8211; not Congress, not a legislature can&#8217;t prohibit a person from attending a church of their choice.  </p>
<p>The pastor and or the congregation may not want them there &#8211; and it&#8217;s there choice to invite the person to move along.  But it&#8217;s not the decision for anyone in government to make.</p>
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