District Attorney Suggests That It May Be a Crime for Teachers to Follow the New State Law Mandating Certain Forms of Sex Education
April 8th, 2010 admin
(Eugene Volokh) The letter, from Juneau (Wisconsin) County District Attorney Scott Southworth, is here . The D.A. is complaining about the new state statute on sex education ; some of his objections: [T]he new law … [p]romotes the exual assault of children — §118.019(2)6 requires schools to provide instruction on how to utilize contraception. However, it is a crime to engage in sexual intercourse with any child under the age of 18…. Forcing our schools to instruct children on how to utilize contraceptives encourages our children to engage in sexual behavior, whether as a victim or an offender. It is akin to teaching children about alcohol use, then instructing them on how to make mixed alcoholic drinks. While it is true that some children will wrongly choose to engage in …
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Via Radley Balko , a Wisconsin prosecutor has decided that he will wield his power to indict and prosecute teachers for teaching students about contraceptives. His theory is that since children aren’t allowed to have sex under Wisconsin law, providing sex ed about contraceptives encourages students to break the law. The problem is that teachers...
(Eugene Volokh) State and federal evidence rules generally bar the prosecution from introducing evidence of defendant’s past crimes to show a propensity on the defendant’s part to commit similar crimes. If, for instance, the defendant is charged with child molestation, the prosecution can’t introduce evidence that defendant had molested other...
Certainly many criminals engage in conduct that is stupid and offensive.
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(Eugene Volokh) NBC Philadelphia has the story; the New Jersey appellate decision itself is here . This family first made the news in Fall 2008 , when a bakery refused to write the child’s name on his birthday cake. The appellate court held that the parents shouldn’t regain custody of the children, because of various abuse; the Nazi sympathies get...
(Eugene Volokh) This is a difficult and recurring question, and arises with regard to a wide range of privileges — lawyer-client, psychotherapist-patient, clergy-penitent, and more. It is particularly difficult when the conflict is with the constitutionally secured privilege against self-incrimination: A defendant argues that to properly defend himself...
(Eugene Volokh) From Kramer v. New York City Bd. of Ed. , 2010 WL 2010462 (E.D.N.Y. May 20) (Weinstein, J.) : To a senior judge, father, and grandfather, educated in the New York City public schools, there appears to be no more daunting undertaking than discussing sex and HIV/AIDS with a class of female and male thirteen– and fourteen-year-old eighth...
(Eugene Volokh) I had always assumed that federal district court opinions (as opposed to Court of Appeals opinions or Supreme Court opinions) don’t serve as binding precedent on district judges even within the same district, and are no more persuasive precedent than any other district court opinions from any other district. But now, I see in Kerr...
The Manhattan DA’s office spends a lot of its time going through other people’s bank records in order to put together money-laundering and other financial prosecutions. They’ve gotten so good at it, that since 2007, the office, now led by Cy Vance (pictured, left), has obtained $450 million worth of pre-indictment settlements,...
It must be special to be a victim, for that’s what everybody wants to call themselves. Victim. We all feel sorry for the victim. So sorry, in fact, that our eyes water and minds grow fuzzy with empathy. And that’s how reason becomes twisted to reach the rationale of the victims rights advocates. Lawprof Paul Cassell has posted at ...
Samantha Geimer’s name isn’t nearly as well as known as Roman Polanksi’s, but it’s known enough. She’s his “victim”, when she was a child of 13 back in 1977. But now, she’s had enough . Geimer’s attorney petitioned the court on March 23 to dismiss the case against Polanski, arguing recent changes...
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