Okla Legislature 2nd Worse in Nation

[heironymouspasparagus]

As the father of a 17 year old girl, I read up on this one pretty closely and am of two minds about it.   First, I completely agree that just because intoxication is not mentioned in the law is no reason not to prosecute.  This alone should not have factored into the decision and it's embarrassing to the state that it did.   However, as also the father of a 15 year old boy, it is very troubling that charges could be brought against a boy in this case.   To quote from one of the linked articles:

Afterward, the boy’s attorney mind bogglingly explained, “There was absolutely no evidence of force or him doing anything to make this girl give him oral sex other than she was too intoxicated to consent.” That last part is kind of what it’s all about, thanks!

And my question here is how do you prosecute this?  What is the level of intoxication needed for consent, etc?   It's troubling from both sides, and I don't know if there is an easy answer here.

It would all just be so much easier if kids weren't just stupid tools from about 14 to about 30 or so....but we were all there at one time.  Some of us even later....

Very troubling.

[cannon_fodder]

Even Snopes has chimed in on the god awful coverage and memes from this ruling. It is basically all shenanigans. If anything, it is rightfully listed here under horrible legislature. But the real story is that the pubic lacks a basic understanding of how our justice system works and the media doesn't care to get the story right when they can just feed outrage.

If you want a little more on it, a former federal prosecutor explains why the Court's ruling was correct.

What the defendant is alleged to have done IS a crime (he apparently says she instigated, but evidence suggests she was terribly intoxicated), but under the crime that he was charged under. If the law says "force" is required, then you need to have force included in the facts. The Defendant was likely charged under Forcible Oral Sodomy (instead of sexual battery) because he could be charged as an adult, denied bail on appeal, and face 20 years instead of 10. Prosecutors are often encouraged to stretch the charges in order to force a plea deal - in this instance, they picked a charge that was too high and a Court through it out.

It isn't clear to me if they will be able to file Sexual Battery charges against the Defendant in juvenile court

HOW INTOXICATED IS TOO INTOXICATED?

There is no easy definition that I'm aware of in Oklahoma. Basically, if the victim is so intoxicated they do not understand the consequences of their actions then they are unable to give consent (for sexual acts, they can still give consent to the police for DUI breathalyzers, searchers, etc.). The phrase "too intoxicated to consent" doesn't appear in Oklahoma case law and our rape law involving intoxication was updated in 2011, so older case law may not be instructive anyway. Nationally, case law suggests the victim has to be "over the line" type of drunk for it to be rape, not merely tipsy.

The rule taught on college campuses now is engage in sexual conduct with a drunk person at your own risk. Because there is lots of gray area, any conduct with any level of drunk person could put you at risk of criminal charges.

[patric]

We made national news again

http://www.usatoday.com/story/news/world/2016/05/19/okla-lawmakers-ok-bill-make-performing-abortion-felony/84593624/

check out the Swastika tie 
http://www.gannett-cdn.com/-mm-/89deff096e84b50a2bb5868cd6fc7bccdf050417/c=88-0-2752-3552&r=537&c=0-0-534-712/local/-/media/2016/05/19/USATODAY/USATODAY/635992603141951514-AP-Oklahoma-Legislature.jpg

[dbacksfan 2.0]

Too bad they demolished Hissom, they could have used it to house the children born from rape cases, and unwanted pregnancies.

[swake]

It's long past time to change the title of this thread. 2nd my a$$.

[heironymouspasparagus]

Just think.... 2/3 of the people around any of you every day of the world are the ones voting for this.  Unless you are one of the 2/3!!  Gotta be so proud of our circle of friends, acquaintances, and co-workers!!

[patric]

Just think.... 2/3 of the people around any of you every day of the world are the ones voting for this.  Unless you are one of the 2/3!!  Gotta be so proud of our circle of friends, acquaintances, and co-workers!!

Makes a recall vote unlikely, so the AG gets a blank check and the crazy continues:


Oklahoma Introduces Measure To Impeach Obama Over Transgender Bathroom Rights
State lawmakers also want to take down the U.S. attorney general and the U.S. secretary of education.

http://www.huffingtonpost.com/entry/oklahoma-introduces-measure-to-impeach-obama_us_573f34a7e4b0613b512a12fb

State Representative John Bennett, a Republican, said in a statement the White House directive was "biblically wrong," and a violation of state sovereignty.
It also allows the attorney general to file lawsuits to implement the changes.

The measure was introduced just hours after lawmakers in the budget-challenged state set itself up for a bruising legal fight after approving a bill that would make abortions a felony punishable by up to three years in prison for doctors who perform them.

[Conan71]

According to Brian Bingman, the legislature’s actions are not to blame, it’s the media’s attention on it:

State Senate leader Brian Bingman blames media for focus on social issues

Related story: Oklahoma Senate passes bill to make it a felony to perform abortions

Related story: Oklahoma lawmakers call for president’s impeachment, file religious-accommodation bill over bathroom directive


Oklahoma’s top state Senate leader says the Legislature is focused on core issues such as education, transportation and health care but that the media’s focus on social issues such as abortion has distracted from that.

Senate President Pro Tem Brian Bingman criticized the media while speaking to the Tulsa World during a fundraiser Thursday night in Tulsa, just hours after the Senate passed a bill that would make performing abortions a felony in the state.

“That’s the media’s doing,” said Bingman, R-Sapulpa.

“They can pick and choose and they can elevate the issue and people call and (say), ‘Is that really what you all are doing?’ My focus has been on the budget this year.”

Bingman is one of two authors of legislation introduced this week responding to federal guidelines relating to transgender people’s access to bathrooms.

He made his comments during the Center for Legislative Excellence’s spring reception at the Tulsa Historical Society. The nonpartisan political action committee prioritizes transportation, education and health care and raises money to elect like-minded legislators.

The bathroom bill is co-authored by House Speaker Jeff Hickman, R-Fairview, and would allow students to cite their religious beliefs in order to be exempted from using restrooms where transgender people are allowed.

A resolution also was filed Thursday calling for the impeachment of President Barack Obama.

At this late point in the session, new legislation can be filed only by leadership members such as Bingman or Hickman.

Bingman maintained Thursday that funding core services is his priority and that the legislation touching on social issues is just what gains the most attention.

The Legislature is facing a $1.3 billion budget hole for next year. It must adjourn by May 27.

Legislators have been piecing together a budget in light of a major revenue shortfall, making compromises along the way — which entails making tough decisions, Bingman said.

“Everybody’s got their idea about how to get there,” he said. “It’s kind of a three-legged stool between the governor, the Senate and the House.”

As far as the abortion bill, Bingman said he is pro-life and that the bill’s passage was meant to be more than just a message, despite the fact that the U.S. Supreme Court legalized the procedure in 1973.

“The Supreme Court shouldn’t be meddling in states’ rights affairs. It’s a constant battle,” he said. “The majority of Oklahomans are conservative and pro-life. That unborn child has rights, too. We want to do everything we can to protect that.”

Gov. Mary Fallin vetoed the bill Friday, saying it was unconstitutional.

http://www.tulsaworld.com/news/capitol_report/state-senate-leader-brian-bingman-blames-media-for-focus-on/article_dd7a0af2-68c1-5edd-a995-bedf3371c271.html

[Hoss]

According to Brian Bingman, the legislature’s actions are not to blame, it’s the media’s attention on it:

http://www.tulsaworld.com/news/capitol_report/state-senate-leader-brian-bingman-blames-media-for-focus-on/article_dd7a0af2-68c1-5edd-a995-bedf3371c271.html

If their focus has been on the budget, then pancakes do we have a budget deficit like we do?

These lawmakers are buffoons.  Each and every one of them.  Their faces are all punchable.

edit:  Really?  W T F is a censored term now?  Wow.

[Vashta Nerada]

It's long past time to change the title of this thread. 2nd my a$$.

There are other state legislatures that are for sale fit the bill:


When a cop leaves marks on you, they are required to file charges against you to cover their tracks.
Now a national police union wants to pile Hate Crime charges on top of that.

https://www.washingtonpost.com/news/post-nation/wp/2016/05/21/this-state-is-about-to-become-the-first-where-targeting-police-is-a-hate-crime/


While hate-crime laws often refer to ethnicity or disability or gender, Louisiana is about to do something different. The state is poised to become the first in the nation where police will be a protected class under hate-crime law — a move that comes amid a simmering national debate about police shootings and whether that debate has given rise to an anti-law-enforcement climate.

The Louisiana legislation is labeled as “Blue Lives Matter” — a phrase popularized in response to the Black Lives Matter movement, which exploded following the fatal 2014 police shooting of an unarmed black teenager, Michael Brown, in Ferguson, Mo.

Black Lives Matter activists have protested what they deem as excessive force by police, and they have called attention to specific instances in which police shot unarmed civilians.

But those who respond with “Blue Lives Matter” argue it’s officers who are under assault — that criticism of police fosters animosity toward law enforcement.

Louisiana House Bill 953 faced little opposition from lawmakers; the House passed it 91-0, and the state Senate approved it 33-3. The bill now heads to the desk of Gov. John Bel Edwards (D).

“Talking heads on television and inflammatory rhetoric on social media are inciting acts of hatred and violence toward our nation’s peace officers,” Chuck Canterbury, national president of the Fraternal Order of Police, said in a statement. “Our members are increasingly under fire by individuals motivated by nothing more than a desire to kill or injure a cop.”

The numbers disagree

In 2015, 124 officers died in the line of duty, according to the National Law Enforcement Memorial Fund. The number of officers fatally shot declined, falling to 42 from 49 a year earlier, while the overall number of deaths increased because of more traffic accidents and job-related illnesses.  Fatal shootings of officers has decreased over the previous few decades — from an average of 127 in the 1970s to 57 yearly between 2000 and 2009.

But many officers and their relatives have said they feel greater tension with the increased attention to fatal shootings by police.

Louisiana state Rep. Lance Harris (R), who authored the hate-crime bill, has pointed to high-profile cases in arguing for his bill.

Harris cited the brazen and deadly ambush of two New York police officers in December of 2014 and a drive-by shooting that wounded a firefighter that same month in Florida.

No other state includes police officers as a protected class under hate-crime laws, according to the National Conference of State Legislatures. But at least 37 states — including Louisiana — have enhanced penalties for assaulting police officers.

In some states, hurting a police officer can be an “aggravating factor” to an assault or battery charge. And in many states, killing a police officer can be an aggravating factor or circumstance, making a crime eligible for the death penalty.

“By treating the police as specialized citizens held above criticism and the laws they are charged to enforce, we lose our ability to exercise our First Amendment right” say civil rights watchdogs. “Including ‘police’ as a protected class in hate crime legislation would serve to provide more protection to an institution that is statistically proven to be racist in action, policy, and impact.”

[Conan71]

Their faces are all punchable.

Memorable quote of the week.  Thank you!

[heironymouspasparagus]

The numbers disagree

In 2015, 124 officers died in the line of duty, according to the National Law Enforcement Memorial Fund. The number of officers fatally shot declined, falling to 42 from 49 a year earlier, while the overall number of deaths increased because of more traffic accidents and job-related illnesses.  Fatal shootings of officers has decreased over the previous few decades — from an average of 127 in the 1970s to 57 yearly between 2000 and 2009.

So when they have a wreck because they are busy playing Rickie Racer and doing their best "Fast And Furious" imitation qualifies as protected status.

Or "job-related illnesses".... Bah!  I disagree...heart attack from donut overload does not qualify!

[heironymouspasparagus]

While every other state agency is getting cut.  Gutted in some cases, like education.

Guess who gets a huge $9 million increase, bringing their budget to $13 million??

Legislators services, of course.  New computers all around !!!


http://www.tulsaworld.com/news/capitol_report/most-oklahoma-agencies-see-cuts-but-there-s-a-big/article_b04a453e-9566-5548-a4c8-e8099185400c.html

[Conan71]

While every other state agency is getting cut.  Gutted in some cases, like education.

Guess who gets a huge $9 million increase, bringing their budget to $13 million??

Legislators services, of course.  New computers all around !!!


http://www.tulsaworld.com/news/capitol_report/most-oklahoma-agencies-see-cuts-but-there-s-a-big/article_b04a453e-9566-5548-a4c8-e8099185400c.html

Remember this come November, people.

[heironymouspasparagus]

Remember this come November, people.

There is no hope....