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There is nothing about criminal procedure that makes the evaluation of a person’s propensity for future criminal sexual conduct more accurate by examination of their recorded criminal history than by evaluation of their post-sentence conduct, which is exactly the kind of information that civil Discovery methods could reveal. The statute uses what is inarguably a civil legal standard for the evaluation of release eligibility when it states that the Court may release a person if it “finds by a preponderance of the evidence that the individual does not pose a substantial risk of perpetrating any future dangerous sexual offense”. This is not a criminal standard; the criminal law does not operate on such imprecise rules, but civil law thrives on them. The statutory interpretation urged by the State in this case seems to follow the exact opposite of this rule; the only apparent way the standards urged by the State can be so consistently used against registrants in this manner is to engage in this forbidden practice.
The same rule that applies to pleadings themselves should apply to this statutory mechanism, since a petition for removal from the Georgia Sex Offender Registry is not distinctly tied to the criminal procedural scheme and is plainly disadvantaged by its use. 2014)(Court selective interpretation of child molestation sentence to eliminate probation requirement was improper).
This helps reduce confusion about the differences between being intersex, being transgender, and being gay/lesbian.
The most common DSD is Congenital Adrenal Hyperplasia (CAH), which results in a person with female (XX) chromosomes having genitals that look somewhat masculine.
As is my policy, once a document has been served and filed (though my submission is still awaiting approval by the Georgia Court of Appeals, and a rejection will cause me to scramble to submit a revised version by tomorrow’s deadline), I post it electronically for the benefit of anybody in a similar situation, whether it succeeds or fails. the temporary suspension of a public school student, or the suspension of a driver’s license.” Gerstein v. “[W]e have said times without number that there is no magic in nomenclature, and in classifying pleadings we will construe them to serve the best interests of the pleader, judging the pleading by its function rather than by its name.” , 130 Ga. The statute contains a penalty for failure to comply and for failure to obtain release, and might be considered to be a “penal statute”, in that respect. Instead, it appears that little more than convenience and refusal to adapt to the realities and complexities of human behavior over time is driving the resistance of the State, but when Constitutional rights are at stake convenience cannot stand against that change.
_______________________________________________________________________ IN THE COURT OF APPEALS STATE OF GEORGIA , rebutting the material inaccuracies in Appellee’s misstatement of the procedural history of the case, Appellee’s misunderstanding of the difference between the legal interpretation Appellant seeks as opposed to the application of an entirely different legal theory, and further elaborating on the fairness concerns that this interlocutory appeal embodies, and in support thereof respectfully states the following: Until the request of Appellant for the application of civil procedure to his petition for removal from the Georgia Sex Offender Registry (hereinafter referred to as the “registry”) is determined by the appellate courts to whom the trial judge has consigned it, no Discovery documents of any kind – civil or criminal – have been filed, contrary to Appellee’s false assertion. As he told the Court at the time, he seeks the sort of “specialized knowledge” that would tend to show evidence of a policy or prejudice against Appellant and his general class of offenders, such as would explain the behavior of trial counsel for the State and the refusal of the State to honor the statutory remedy that it has provided. Contrary to the misstatement of counsel for Appellee in the erroneous recitation of the Procedural History of this case in the Brief of Appellee, these documents were never submitted by themselves but were instead exhibits to other documents. However “even if judicial construction of this statute had been authorized, it is axiomatic that courts must strictly interpret penal statutes against the State and, more importantly, that courts are prohibited from interpreting a statute in a manner that renders some of the language superfluous, ineffectual, or meaningless.” , 328 Ga. OCGA § 24-1-1 states that “[t]he object of all legal investigation is the discovery of truth. 476 (2011)(district court may deviate on resentencing from sentencing commission ruling when the facts the commission relied on are unconvincing).
`”[T]he Constitution extends less procedural protection to an imprisoned human being than is required to test the propriety of garnishing a commercial bank account, . The importance of such evidence in the sexual offense context has been recognized by Georgia courts.
More importantly, it is plain from any analysis that the purpose of investigating a person on the Registry for such propensities as the statute might be intended to police against would be better served by the civil law provisions urged by Appellant than they would by the criminal law provisions that Appellee has tried to improperly bend to fit to the statutory scheme. There is plainly some reason for the State’s insistence that statutory rules of construction are inapplicable, beyond simply the assignment of petitions for release from the Georgia Sex Offender Registry to the Office of the District Attorney. More importantly, though, there is nothing included at any point in the relevant statutes that restricts them to interpretation solely under the rules of Title 17, rather than Title 9.
Over the past few decades, a great deal of progress has been made in exposing this idea for what it is: a set of baseless myths meant to reinforce and ideologically justify the oppression of women in our society.
1973)(pleading at equity not at law served function intended).
“[I]t is apparent that much of the evidence relevant to a [determination of future sexual criminal propensity] tends to be subjective in nature, and that evidence often may present meaningful factual and credibility disputes. 2008)(non-sexual offender could be sentenced with sex offender conditions). 1995)(trial court had authority to impost life sentence when legislature permitted it with statutory language).
This view still upholds an essential “maleness” and “femaleness.” Males have penises, females have vaginas, females develop breasts and the ability to bear children, males do not, or so it goes, but it is acknowledged that gender expression may not be tied to these characteristics in a rigid way.
This conception of sex as being distinct from gender can still be controversial in the popular discourse, but in academia, it is today somewhat mainstream.