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AZ: Supreme Court – Bail denial for child sex offenses is unconstitutional

PHOENIX — State laws that deny bail to people solely because they’re accused of having sex with a minor are unconstitutional, the Arizona Supreme Court ruled today.

The justices acknowledged arguments by prosecutors that trial judges have the right to keep certain people behind bars while awaiting trial as a method of protecting the public. And they said that the crime of sexual conduct with a minor is a series charge.

But Justice Clint Bolick, writing for the unanimous court, said the seriousness of the charge, by itself, is insufficient to result in automatic denial of release. He said prosecutors have to prove that a defendant poses a specific threat and that there are no conditions that can be imposed that allow that person’s release and protect the public. Full Article

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  1. Nicholas Maietta

    Can anyone here see the writing on the wall? This just opened the door to do away with civil commitment (confinement to a pseudo-prison after serving a prison sentence) solely based on “might commit another sex offense”.

    I have no idea how one might argue this in a courtroom, but I bet some here would.

  2. DPH

    WOW, finally, AZ Supreme was non partisan of the State Majority…someone saw the light. Now since Arpio’s gone, they may humanely treat RC’s better and NOT put them in perm. incarceration that atleast Maricopa Co. had done off and on. What a start for that State of AZ. Maybe other states will follow suite that don’t abide.
    Why they haven’t done it with Murder’s, Arsonists, and DUI maimers, I don’t know. Guess they are still forgiven whilst RC’s are still bottom feeders in their mind. Good for AZ! Fairness is necessary. But, post decades and after school, moved here to Cali, and THINGS ARE WORSE!! (For RC’s). Close Watch. decades later. Gay vs. RC, weigh that out. AZ vs. CA. Thanks Nic for your comments too.

  3. Harry

    “The people of Arizona determined that sexual conduct with a minor is an acute problem and that pretrial detention for those accused of that crime was in the best interest of the community,” said Deputy Maricopa Attorney David Cole. 1. Is it an acute problem? 2. Facts will prove otherwise.

  4. mike r

    man these bastardssss are just trying to erode every constitutional right they can using us….indefinite incarceration( civil commitment), restrictions on free speech( Internet bans and indentifier disclosures), arbitrary oppression( lifetime parole and monitoring), absolutely no privacy rights ( public notification ie.megan’s law), taxation without representation(no public officials represents any of us), freedom to travel and association (IML,residency and presence restrictions), involuntary servitude (onerous, frequent and time consuming in person reporting requirements against our will), contract laws( forced into a contract under duress and coercion with threat of loss of freedoms under color of law), interference with our rights to raise and participate in gthe upbringing of our children and grandchildren( school bans, park bans, anywhere children congregate bans), violations of public lands use (federal and state recreation area and parks bans ie. nature trails, beaches, national or state parks, campgrounds, ect.), man I can go on and on….next it will be seperate bathrooms, back of the bus, separate waterfountains, we dont serve sex offenders signs in bussiness windows, lynchings, house burning, mob rules witchhunts and ostracism, governmental sanctioned vigilantism…….Wait almost all of those things are in action already……. Where’s our Thurgood Marshall……

    • Chris F

      “dont serve sex offenders signs in bussiness windows”

      Already there…facebook, ymca, many places local to me that check residence for an offender and deny services to entire household (can’t get swim lessons for my kids)…etc…etc…

      • Timmr

        Never thought of it that way until now, the sign on facebook’s virtual storefront saying no convicted sex offenders allowed, like no coloreds in 1950’s south or no Chinese in 1849 San Francisco.

  5. USA

    This was a terrible proposal! This proposal was way out of line! What if your innocent? What if this was a custody issue or angry ex wife?

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