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Thread: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

  1. #181
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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by Hard Truth View Post
    National Registry of Exonerations 8/18/2014 Total = 1409 since 1989
    Exoneration by Year

    "..There’s a more rigorous way to crunch the numbers, according to Gross’s new study. And that approach leads to a false conviction rate that was high enough to make me gasp — 4.1 percent.

    To be more precise: Gross and his colleagues calculated a 4.1 percent error rate among people who are sentenced to death. This is a small subset (less than 0.1 percent) of the total number of prison sentences but, because of the stakes, these cases are scrutinized far more than most....."
    The guy who filed the suit won't be exonerated. He confessed to his crimes.

    So some people are falsely imprisoned. Yes, I can think of a few famous ones, including Clarence Elkins in Ohio.

    But was the guy at the center of this story? Nope.

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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by Ikari View Post
    If there is a systematic problem, than that problem needs to be addressed. Just reality.
    YOu have no clue as to if this is a result of a systemic problem or not. What you have is an isolated case that is being considered as the subject of a lawsuit. You cant win a lawsuit based on whether or not you believe there to be systemic flaws. Thats YOUR gig. Thats your problem...you are making this be about YOU...YOUR position on prison overcrowding. You loose before you ever start.

    Im not saying there isnt a systemic problem. Im not saying there shouldnt be things done or that there shouldnt be prison refomr. Im saying..>THAT is not what THIS CASE is about. Try to make it so and they will lose.

    I have been enjoined on one very ugly civil suit that involved every doctor in every department that came in contact with a specific patient, the hospital, nurses...any and everything including a failing of the state regulatory boards. The plaintiff lost the case precisely for that reason. Had they just gone after the radiologist that missed the scan indicating a stroke, they might have won and collected something (though because of the particulars, not much). Instead...they got laughed out of the courtroom. Literally. This case will be no different. If they can prove there was some specific incident of otherwise foreseeable negligence (and IMO, intent) they have a shot. If they try to make this on the violence inherent in the system...they lose.

    and on that note...



    Because life is a Python movie...

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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by tres borrachos View Post
    It's not. Let them all run free. What my town needs is thousands of pedophiles running around loose.
    I didn't think you would expand your mind on this, but I didn't think you were so closed minded either. Advancing in how we deal with criminals is part of civilized society and it's about time we start exploring ways to move past prison.

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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by Henrin View Post
    I didn't think you would expand your mind on this, but I didn't think you were so closed minded either. Advancing in how we deal with criminals is part of civilized society and it's about time we start exploring ways to move past prison.
    Then go down and lobby for a nice place to put the pedophiles if this bothers you so much. I can't help you. I don't want them near my kids. You take them near yours.

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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by tres borrachos View Post
    Then go down and lobby for a nice place to put the pedophiles if this bothers you so much. I can't help you. I don't want them near my kids. You take them near yours.
    I want people to be treated with a certain amount of civility and there is no civility at all in throwing people in cages and controlling their lives for however long we have decided to do so. We need to move past it and the sooner we start working towards solutions towards those ends the better.

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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Moderator's Warning:
    Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186] Cut out the baiting, attacks, and other nonsense.

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    re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by tres borrachos View Post
    I can't open the link. Sum it up please.

    Is there something in there that says how you keep cell mates from raping each other?
    It is a long document that includes many required procedures. I'll excerpt a few


    "§ 115.141 Screening for risk of victimization and abusivenes
    s.
    (a) In lockups that are not utilized to house detainees overnight, before placing any detainees
    together in a holding cell, staff shall consider whether, based on the information before them, a
    detainee may be at a high risk of being sexually abused and
    , when appropriate, shall take
    necessary steps to mitigate any such danger to the detainee...

    The agency shall provide multiple ways for detainees to privately report sexual abuse and
    sexual harassment, retaliation by other detainees or staff for reporting sexual abuse and sexual
    harassment, and staff neglect or violation of
    responsibilities that may have contributed to such
    incidents...

    The agency shall develop a written institutional plan to coordinate actions taken
    in response
    to a lockup incident of sexual abuse, among staff first responders, medical and mental health
    practitioners, investigators, and agency leadership...

    Hiring and promotion decisions.
    (a) The agency shall not hire or promote anyone who may have contact with detainees, and shall
    not enlist the services of any contractor who may have contact with detainees, who

    (1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility,
    juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
    (2) Has been convicted of engaging or attempting to engage in sex
    ual activity in the community
    facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent
    or was unable to consent or refuse; or

    Neither the agency nor any other governmental entity responsible for collective bargaining on
    the agency’s behalf shall enter into or renew any collective bargaining agreement or other
    agreement that limits the agency’s ability to remove alleged sta
    ff sexual abusers from contact
    with detainees pending the outcome of an investigation or of a determination of whether and to
    what extent discipline is warranted...

    For each lockup, the agency shall develop and document a staffing plan that provides for
    adequate levels of staffing, and, where applicable, video monitoring, to protect detainees against
    10
    sexual abuse. In calculating adequate staffing levels and determining the need for video
    monitori
    ng, agencies shall take into consideration;
    (1) The physical layout of each lockup;
    (2) The composition of the detainee population;
    (3) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
    (4) Any other relevant factors.
    (b)
    In circumstances where the staffing plan is not complied with, the lockup shall document and
    justify all deviations from the plan.
    (c) Whenever necessary, but no less frequently than once each year, the lockup shall assess,
    determine, and document whether
    adjustments are needed to:
    (1) The staffing plan established pursuant to paragraph (a) of this section;
    (2) Prevailing staffing patterns;
    (3) The lockup’s deployment of video monitoring systems and other monitoring technologies;
    and
    (4) The resources the l
    ockup has available to commit to ensure adequate staffing levels.
    (d) If vulnerable detainees are identified pursuant to the screening required by § 115.141,
    security staff shall provide such detainees with heightened protection, to include continuous
    dire
    ct sight and sound supervision, single
    -
    cell housing, or placement in a cell actively monitored
    on video by a staff member sufficiently proximate to intervene, unless no such option is
    determined to be feasible.
    § 115.114 Juveniles and youthful detainees.
    J
    uveniles and youthful detainees shall be held separately from adult detainees.
    § 115.115 Limits to cross
    -
    gender viewing and searches.
    (a) The lockup shall not conduct cross
    -
    gender strip searches or cross
    -
    gender visual body cavity
    searches (meaning a search
    of the anal or genital opening) except in exigent circumstances or
    when performed by medical practitio

  8. #188
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    Re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by Hard Truth View Post
    It is a long document that includes many required procedures. I'll excerpt a few

    snip
    I didn't see anything in there that really says how they could have prevented a child molester from raping his child molesting cell mate except filming or monitoring.

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    Re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by tres borrachos View Post
    This thread wasn't about rape by a prison guard.
    I suspect (but stats aren't available) that most prison rape is allowed or encouraged by guards.

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    Re: Convicted Child Molester Suing After Being Raped in Garfield County Jail[W:186]

    Quote Originally Posted by Henrin View Post
    I want people to be treated with a certain amount of civility and there is no civility at all in throwing people in cages and controlling their lives for however long we have decided to do so. We need to move past it and the sooner we start working towards solutions towards those ends the better.
    That's excellent. I wish you a lot of luck in your endeavor.

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