Mike Flores,

You wrote:

“maybe they are the ones with perverted intentions and they think that everyone is like them.”

I’d like to say that this very thought has passed through my mind several times since experiencing the laws after my offense. I truly believe the MEN who make these laws have perverted thoughts. And some of them even act on them. Mark Foley, anyone?

California Courts have held to such legal railroading for years. And it has paid the state well. State and County financial hoppers are filled with such lucrative unethically gained finances.
But we “Californa” in our legislative efforts have taken it to a new level of insanity by adopting the California One Whitness law.. It states… ” Any one Whitness who’s testimony in not discredited begore a trier of fact is suficient for a verdict”
In essence, burden of proof be gone.. It literally places the burden of proof on the shoulders of the defendant. And allows a conviction based on any statement made by any one person with no other required evidence.
Further is allows prosecutors to shift the burden of proof upon any defendant with no redress required.
When the right of any defendant is violated.. We are all at risk untill injustice is redressed..
Bottom line is simple..
WE ARE ALL AT RISK..
TBM

Its a simple conclusion.. They write such laws because it pays the state well. 300k for a two day trial..
TBM

This is the most crazy and insane law I have ever heard of. How are parent supposed to teach and take care of their kids. These law makers all need to be fired and locked up for being to stupid and don’t need to be in society because they are a danger to everybody else including there own families. The judge made the right decision and AZ should be ashamed of themselves for passing such an insane law. This is what society has turned into a bunch of stupid individuals who know nothing about anything and have nothing else better to do than make up retarded laws like this. How shameful is this. I will never go to AZ now.

” ‘You write into the law that we have to prove sexual motivation and now you have created a burden that currently does not exist in Arizona law.

The due process clauses of the Fifth and Fourteenth Amendments ‘[protect] the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.’

Seemingly the Maricopa County Attorney’s Office wants to skip over the part where one is considered innocence until proven guilty by a jury of his peers, and just lock people up.”

Hopefully, if the appeal is heard at the next level, they realize this basic fundamental part known as due process of the law still exists in our country and shouldn’t be disregarded just because AZ law does not specifically call it out.

Be nice to see the legislative members and the governor hauled into a session to defend what they meant then when they created this law and debated it before passing it and having it signed into law. It is, maybe, all documented and can be reviewed by the public record (not sure if all committee meetings are documented for the public record and we know getting emails on the topic can be hard to get), but for them to defend themselves in front of someone or a panel and then learn how it could be thought of differently would be a concept worth the price of admission. A public second guessing of their work could possibly get them to maybe think more before actually seeing it to a vote? I said maybe, not realistically, because it would require an open mind for them to see the other ways it can be construed and legislatures rarely have open minds when it comes to other ways of thinking besides theirs. Legislative members are on the same level with attorneys in public opinion as given by their low ratings.

Kudos to Judge Wake on this…..

Mens rea = criminal intent (short definition)