Banned from the library

January 14, 2010
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First they were prohibited from living too close to schools and then public park bans became the norm. Now, one legislator hopes to ban registered sex offenders from public libraries. If they show up there to check out a book or work on legal documents for a case, they can be charged with a Class D felony. There is one exception – they can vote in the library if that’s where their polling place is located, but the bill specifies they need to hightail it out of there once their vote is cast. No dillydallying before or after voting.

I know the idea behind the legislation HB 1326 is the same as the other bans imposed on sex offenders: to protect children. But are these bans creating a slippery slope where soon sex offenders won’t be able to leave their homes?

Children congregate in lots of places – churches, shopping malls, restaurants. Will we have to enact legislation to ban registered sex offenders from these places? I guarantee you there are sex offenders working in malls and restaurants – just visit the state’s online database of sex and violent offenders to see for yourself.

I am in no way trying to downplay the seriousness of the crimes these offenders commit against innocent children. We need to protect children as best we can from becoming victims, whether that be vigilant about knowing who lives in your neighborhood, not letting your children play or walk alone outside, or in other ways.

I know that not every sex offender can be “cured” or rehabilitated in prison. But I also know that they have served their time and that unless our legislature wants to impose tougher and longer penalties against those who commit sex crimes against children, our society is going to have to find a way to deal with sex offenders interacting with the general public.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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