View Poll Results: Should repeal of a law void previous convictions?

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Thread: Should repeal of a law void previous convictions?

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    Should repeal of a law void previous convictions?

    Should repeal of a law void previous convictions?

    Scenario: A guy is convicted and sentenced to 50 years in prison for wearing plaid shorts in public in 1997. Fast forward to 2004, and the law against wearing plaid shorts in public is repealed. The guy is 7 years into his 50 year sentence. But... his wearing of plaid shorts in public is no longer deemed a crime.

    Should he be released, or should he serve the remainder of his sentence?

    Conceptual question purposely made up so we don't get sidetracked regarding specific real crimes.
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    Re: Should repeal of a law void previous convictions?

    Plaid shorts maybe. If the guy was locked up for wearing blue jean shorts he should do life without parole regardless.










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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by radcen View Post
    Should repeal of a law void previous convictions?

    Scenario: A guy is convicted and sentenced to 50 years in prison for wearing plaid shorts in public in 1997. Fast forward to 2004, and the law against wearing plaid shorts in public is repealed. The guy is 7 years into his 50 year sentence. But... his wearing of plaid shorts in public is no longer deemed a crime.

    Should he be released, or should he serve the remainder of his sentence?

    Conceptual question purposely made up so we don't get sidetracked regarding specific real crimes.

    Yes he should be released. People shouldn't be in prison or jail for things that are not crimes.
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    Re: Should repeal of a law void previous convictions?

    He should be released on parole. His conviction should stand since he damaged those who saw him in that era.

    His parole contract should have a fashion clause.



    Quote Originally Posted by radcen View Post
    Should repeal of a law void previous convictions?

    Scenario: A guy is convicted and sentenced to 50 years in prison for wearing plaid shorts in public in 1997. Fast forward to 2004, and the law against wearing plaid shorts in public is repealed. The guy is 7 years into his 50 year sentence. But... his wearing of plaid shorts in public is no longer deemed a crime.

    Should he be released, or should he serve the remainder of his sentence?

    Conceptual question purposely made up so we don't get sidetracked regarding specific real crimes.

  5. #5
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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by radcen View Post
    Should repeal of a law void previous convictions?

    Scenario: A guy is convicted and sentenced to 50 years in prison for wearing plaid shorts in public in 1997. Fast forward to 2004, and the law against wearing plaid shorts in public is repealed. The guy is 7 years into his 50 year sentence. But... his wearing of plaid shorts in public is no longer deemed a crime.

    Should he be released, or should he serve the remainder of his sentence?

    Conceptual question purposely made up so we don't get sidetracked regarding specific real crimes.
    No he should not. While something like that should be considered for parole hearings and the like, when you choose to break the law, you choose to accept the potential consequences of breaking that law.
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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by Redress View Post
    No he should not. While something like that should be considered for parole hearings and the like, when you choose to break the law, you choose to accept the potential consequences of breaking that law.


    really

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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by Redress View Post
    No he should not. While something like that should be considered for parole hearings and the like, when you choose to break the law, you choose to accept the potential consequences of breaking that law.
    Someone here plays it Lawfully Good, me I prefer Chaotic Good.
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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by Lachean View Post
    Someone here plays it Lawfully Good, me I prefer Chaotic Good.
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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by the_recruit View Post
    Like Minsc? GO FOR THE EYES BOO!
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    Re: Should repeal of a law void previous convictions?

    Quote Originally Posted by Redress View Post
    No he should not. While something like that should be considered for parole hearings and the like, when you choose to break the law, you choose to accept the potential consequences of breaking that law.
    I voted yes, although this issue took some deep thought before responding to .

    I had to break it down into two segments: Repeal was because the law was found unconstitutional; Repeal because social attitudes had changed and it was no longer considered a criminal offense.

    If the law was repealed because it was deemed unconstitutional, then of course the person should be released immediately and his record completely cleared. That's because his original conviction was a violation of his constitutional rights and he never really committed any wrong-doing in the first place.

    The second one is trickier, because even though a law has been repealed after a public change of heart; as Redress states in (his/her?) quote, the person should have been aware at the time that he was committing a criminal offense and in making the choice to do so also agreed to submit to the penalty if caught.

    Now we all know that while the dictum "Ignorance of the Law is no excuse" is upheld by courts even though they know there are too many laws for people (even lawyers, judges or cops) to have memorized, it's still done because otherwise every defendant would claim ignorance and expect to be set free.

    Still, in my opinion the fact that society has determined this activity is no longer illegal obviates the need to either continue punishment or maintain any record of such criminality. So I believe the person should not only be immediately released from all obligations, but his record should also be completely cleared. Why? Reall we live in an era of data-mining and background check businesses, so we should act to prevent his past from being used against him in this new era where the original act is no longer considered to be criminal.
    Last edited by Captain Adverse; 06-22-13 at 05:17 AM.

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