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#239221 - 07/20/08 09:29 PM State's child abuse law becomes model
TNuss Offline
Member
MaleSurvivor

Registered: 02/28/06
Posts: 202
Loc: Del-A-Ware???
Article Title:
State's child abuse law becomes model

To view the contents on http://www.delawareonline.com, go to:
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/200807200345/NEWS02/807200370

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#239228 - 07/20/08 09:49 PM Re: State's child abuse law becomes model [Re: TNuss]
BJK Offline
Member
MaleSurvivor

Registered: 08/02/07
Posts: 1526
It seems to me that this law in Delaware as well as the one in California violates Article 1, Section 9 of the United States Constitution which guarantees that Congrees shall pass no ex post facto laws. This statute was passed along to the states along with the other limitations of Congress by the Fourteenth Amendment which states "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

I'm not in favor of breaking the law to protect children, as a government that is seen as being a protector of children is generally excused of violating the most perverse of atrocties.

Bryan

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Revenge is nothing more than another way of perpetuating abuse.

What the world needs now
Is some new words of wisdom
Like la la la la la la la la la.
-David Lowery

Having a friend who will keep a secret for you is worthless compared to a friend who won't keep a secret from you.

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#239231 - 07/20/08 09:54 PM Re: State's child abuse law becomes model [Re: BJK]
CDavid Offline


Registered: 07/05/08
Posts: 184
But, uhm, Bryan...did the original law limiting liability based on a statute of limitations do the same thing?

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States..."


:-)


CD


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#239247 - 07/20/08 11:19 PM Re: State's child abuse law becomes model [Re: CDavid]
BJK Offline
Member
MaleSurvivor

Registered: 08/02/07
Posts: 1526
While my belief that the statute of limitations should go, or should at least be lengthened to 40 years (minimum), my argument is that people who commited the crime under the previous statute of limitations are being tried in violation of the Constitution provisioning for no ex post facto.

I guess I fail to see the point in your response unless your argument is that all statutes of limitations for all crimes need to be abolished. Even then, my argument is that people who are tried for crimes that were committed while the previous statutes of limitations were in place would be exposed to a violation of the no ex post facto provision in the Constitution.

Bryan

_________________________
Revenge is nothing more than another way of perpetuating abuse.

What the world needs now
Is some new words of wisdom
Like la la la la la la la la la.
-David Lowery

Having a friend who will keep a secret for you is worthless compared to a friend who won't keep a secret from you.

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#239249 - 07/20/08 11:22 PM Re: State's child abuse law becomes model [Re: BJK]
CDavid Offline


Registered: 07/05/08
Posts: 184
I yield the floor to the guy from the Dakotas...


:-)


CD


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