posted
For those of you that remember the lovely Shik this may be of interest....He has had a sentence modification hearing go in his favour...his sentence had been reduced by 6 months to 1 year. This means he will be out at the end of the first week in April. He isn't sure of the exact date until the calculations come in. So far so good.
The second part is a request he has asked me to post. His probationary period is 2 years. It is a condition of his probation that he does not use the internet in this time. So to clarify..thats no Internet at all for 2 years. He is understandably miffed by this and would like to challenge this clause of his probation once he is out. Does anyone know of the legality of this kind of order? Is it used a lot, do you know if it has been successfully challenged and if so under what grounds. I can only imagine that it would make applying for any office work at all impossible as so much office work involves research online or at the very least email. Anyway any help would be gratefully received! I know plenty of people who could help me if this were British law. I have a couple of solicitor friends, but this is not useful because he is in the USA. I look forward to hearing from you all!! Clare X
-------------------- "Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming "WOO HOO, What a Ride"
Registered: Mar 1999
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I don't know about the law, but it might be worth (if you can't find any US precendants) asking your UK lawyer friends. In the UK law from Commonwealth countries and the US is sometimes regarded as persuasive precendant. The situation may be the same in the US (although I don't know for sure).
Wish him good luck!
-------------------- "I am an almost extinct breed, an old-fashioned gentleman, which means I can be a cast-iron son-of-a-bitch when it suits me." --Jubal Harshaw
Registered: Feb 2002
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posted
He seems was well as can be expected. His last note was a bit guarded, but I suspect that's because he hadn't heard from me in a while. (My last package was returned to me so it must have looked like I stopped writing for some reason). He has been writing a good deal and reading pretty much everything he can get his hands on. he has a job in the laundry at the moment which he seems to be enjoying. Better than being on his own I guess.
-------------------- "Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming "WOO HOO, What a Ride"
Registered: Mar 1999
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posted
The place hasn't been the same without silly old Shik - and now we're gonna have to wait two years for his return!?!! Bummer! I can only just cope with a two week absence from the Net on my family holiday, but two years! OUCH! Oh well, that'll teach him not to do again what he did.
Laundry you say? I have some that could do with being cleaned - could I airmail it to him?
-------------------- If you cant convince them, confuse them.
Registered: Apr 2001
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-------------------- Great is the guilt of an unnecessary war. ~ohn Adams
Once again the Bush Administration is worse than I had imagined, even though I thought I had already taken account of the fact that the Bush administration is invariably worse than I can imagine. ~Brad DeLong
You're just babbling incoherently. ~C. Montgomery Burns
Registered: Mar 1999
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If it was established that Shik met, or coresponded with te girl in question via internet then there's no chance he'll be allowed to use the internet. Recall that Shik pleaded "no contest" and that his current status is "sexual predator". While we all know Shik made a mistake getting mixed up with this girl, the sexual predator laws are there to ensure pedophiles (not talking about Shik here) dont get out and find braindead AOL teens to prey on.
So there's not much hope unless he can enroll in classes once he's out and prove he needs the internet for school. Possible, considering Shik's bound by probation to stay within a certain area: mabye he could petition to use the internet based onenrolling in Phionex University or some other online acredited school.
MaGiC, please pass along my good thoughts (as I never got around to making up a letter).
-------------------- Justice inclines her scales so that wisdom comes at the price of suffering. -Aeschylus, Agamemnon
Registered: Aug 2002
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posted
The charge IIRC was sex with a minor, even though she consented. Her parents found out that she was even going with him. Do I recall correct that her parents found out through a sex toy that was bought?
-------------------- Is it Friday yet?
Registered: Feb 2000
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posted
I don't know how they found out....I don't think that there was any great effort to keep their relationship a secret from the parentals...but maybe I am misremembering.
Jason, are you doing anything between the 5th and the 10th May?
-------------------- "Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming "WOO HOO, What a Ride"
Registered: Mar 1999
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posted
Well, according to my lawyer, a judge can put any stipulation on such sentence modification he or she wants. Shik can, of course, have his lawyer challenge it in court, but judges do pretty much what they want to do.
-------------------- Great is the guilt of an unnecessary war. ~ohn Adams
Once again the Bush Administration is worse than I had imagined, even though I thought I had already taken account of the fact that the Bush administration is invariably worse than I can imagine. ~Brad DeLong
You're just babbling incoherently. ~C. Montgomery Burns
Registered: Mar 1999
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posted
Lousy Judges! Who are they to judge Shik anyway?!?
...oh wait.
-------------------- Justice inclines her scales so that wisdom comes at the price of suffering. -Aeschylus, Agamemnon
Registered: Aug 2002
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posted
I wonder how that 'no internet' ruling would relate to telephone on-the-net service and email? He needs Bill Clinton to challenge the judge's definition of 'Internet'. Since Windows has Internet Explorer embeded into it, would he be in violation if Windows or an anti-virus program updates itself?
-------------------- joH'a' 'oH wIj DevwI' jIH DIchDaq Hutlh pagh (some days it's just not worth chewing through the leather straps in the morning) The Woozle!
Registered: Nov 2002
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posted
SInce "No Internet" means just that, he wouldnt have access to updates (or the vital need to plug security holes).
-------------------- Justice inclines her scales so that wisdom comes at the price of suffering. -Aeschylus, Agamemnon
Registered: Aug 2002
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![[Eek!]](eek.gif)
Bummer! I can only just cope with a two week absence from the Net on my family holiday, but two years! OUCH! ![[Frown]](frown.gif)
Oh well, that'll teach him not to do again what he did.![[Big Grin]](biggrin.gif)
![[Wink]](wink.gif)
![[Smile]](smile.gif)
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