Dr. Lorandos explains biased child molestation laws

http://www.falsely-accused.net

Dr. Lorandos explains biased child molestation laws

Now Id like to tell you about some of the very difficult changes that have occurred in the law, particularly concerning allegations of abuse. First of all, changes in the hearsay rules are particularly dangerous. For many years, hearsay has been outlawed as unreliable. How do you attack somebody that isnt in court? How do you attack a document or something that somebody was supposed to have said, when theyre not there? Hearsay has always been thought to be dangerous for these reasons.

When a child is alleged to have said something to a therapist, and for some reason the child is unavailable, or the prosecutor insists that its too traumatic for the child to come and testify, the prosecutor will attempt to get the therapist to come in and say what they think the child has said. At http://www.falsely-accused.net/ we remind clients that this is hearsay. But many states create exceptions for statements allegedly from children when they are given in court by a therapist.

When that doesnt work, many states use whats called a catch all hearsay exception. That is to say, if its not a statement thats made for the purpose of medical diagnosis, or if its not a statement that is present sense impression, which could be seen to have some reliability, the prosecutors insist that the statement should come in under the catch all exception to the hearsay rule. This is quite dangerous for defendants because it is very difficult to defend against. Of course, many say that the new case of Crawford Vs. Washington had some impact in this area, but its difficult to push prosecutors and many judges off their biases. For more information about important cases such as this one, see our website at http://www.falsely-accused.net/

Then there are the propensity rulings. After about two hundred years of prohibiting propensity testimony, many states are allowing in propensity evidence. An example would be: Because Bill had an allegation of inappropriate sexual contact with someone four or five years ago, that means that Bill is probably the kind of guy that had inappropriate sexual contact with this particular complaining witness. Thats very dangerous and its propensity evidence. It has a propensity to show that Bill does these kinds of things.

Problems with extrinsic evidence of character are now coming about. Many states have outlawed extrinsic evidence of character, but with respect to the issue of child abuse and sexual abuse cases in general, and in physical abuse cases coming online now, we see extrinsic evidence of character creeping into trials. It is also very difficult to fight against. What happens when the defendant wants to testify that hes not the kind of guy that would do what hes accused of doing? Many states see this as opening the door to allowing in all kinds of propensity evidence, such as, You know in 1973, this happened, In 1985 that happened, etc.

At http://www.falsely-accused.net/ we remind clients that another set of difficult laws that we have to face in these cases are the sentencing laws. Sentences to prison are mandatory in many states if force or duress is used. What is force or duress? What does it mean? When the legislation was originally passed, it meant strong, physical and bodily force. Now, the Law and Order, and the Get tough on crime, folks say that force can be something as little as pushing a piece of paper across a table. That requires force, so thats force according to these prosecutors. Let me say again that when the legislatures of the various states passed the laws concerning the use of force, they were anticipating that force meant holding the victim down, grabbing them, abusing them in some terrible way; forcing them into the room, etc. But in many recent cases, just putting your hand on the alleged victims shoulder and moving them down a hallway is considered force. Let me say again that when the legislators of the various states passed the laws concerning the use of force, they were anticipating that force meant holding the victim down, grabbing them, abusing them in some terrible physical way, forcing them into the room. But, in many recent cases, just putting your hand on the alleged victims shoulder and moving them down a hallway is considered force.

At http://www.falsely-accused.net/ we remind clients that another example from a recent case was that the defendant was alleged to have put his hand on the alleged victims head and guided her towards some sort of sexual interaction. That was considered force as well. No real harm, no bruise, no bleeding, or anything of that nature is necessary now. Any kind of force is seen to constitute force for the purpose of increasing sentences and requiring mandatory prison.

http://www.falsely-accused.net/

Category:

Education

Tags:

• Falsely
• Accused
• Dr.
• Lorandos
• child
• molestation
• laws

[PurpleBlazeeKid]

Your fucking stupid, defending child molesters, smh.

[KateAusten27]

this is scary