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shrinkykitten

"...another reason I'm intrigued with the hanged of Salem, especially the women, is that a number of them aroused suspicion in the first place because they were financially independent, or sharp-tongued, or kept to themselves. In other words, they were killed off for the same sort of life I live right now but with longer skirts and fewer cable channels." Sarah Vowell, The partly cloudy patriot.

1.03.2007

Any constitutioonal experts out there?

Earlier I posted about my frustrations regarding the District Attorney's office insistence that to ban from the subway the man who attempted to assault me last year was a "violation of his constitutional rights" (despite the fact that the two times I have seen him in the past month, he was again using the subway to gain access to unsuspecting victims).

I read the constitution today, the bill of rights, and the amendments to the constitution - and I can't find anything that could even come close to indicating that he has a right to ride public transport. The closest I could find was the right to assemble peacefully in public places (but I would argue that assaulting women would nullify that right as it isn't exactly peaceful). I then tried to find something that might indicate that I have a right to be safe and unmolested (the closest I could find was something about having the right to not be searched). Anyone have any ideas of constitutional rights that are more relevant?

3 Comments:

At 9:41 AM, Anonymous Anonymous said...

Sadly, the DA is correct. The 14th Amendment provides that all citizens receive equal protection of law. So, while you have the right to be safe and secure, the law does not allow restriction of another. So banning an individual from a public place like the subway would be a violation of his Constitutional Rights. Here is a link that may help.

http://www.law.cornell.edu/wex/index.php/Equal_protection

I know it sucks that this person can continue to roam the subway and harass or assult others. Sadly, it is another case of the criminals having more power than the victims.

 
At 9:42 AM, Anonymous Anonymous said...

Sorry, the link did not come out it's

http://www.law.cornell.edu/wex/
index.php/Equal_protection

 
At 2:37 PM, Anonymous Anonymous said...

SS beat me to it. It's amazing that Equal Protection seems often to give more rights to the perps than the victims. I'm sorry, Shrinky.

RussianViolets

 

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