Warm Southern Breeze

"… there is no such thing as nothing."

#ALpolitics #RoyMoore: Activist Judge

Posted by Warm Southern Breeze on Thursday, November 16, 2017

Activist Judge, anyone?

For many years, Roy Moore has attempted to gut the state’s “Rape Shield” law by his rulings from the Alabama Supreme Court bench as Chief Justice, and has written opinions from the bench that expressed disdain for the law, and which were totally opposite the other justices’ opinions. THAT is the very definition of an “activist” judge.

“Rape Shield” laws are designed to protect victims from further victimization by the judicial system by disallowing testimony about their sexual lives which has no bearing upon a case in which they are the victim.

The Guardian analyzed numerous Alabama Supreme Court cases from 2013-2016 and found 10 where Moore dissented from the court’s majority and sided with offenders who were appealing to the court to overturn convictions or punishments for sexual crimes.

Among them:
• The case of David Pittman, who had plead guilty to raping a 12-year-old girl. In September 2015 Moore wrote that Pittman ought to have been allowed to present evidence to court indicating that the girl had been sexually active and had a sexually transmitted disease, and wrote in par that, “I believe this evidence could be relevant to the complaining witness’s alleged motive in accusing Pittman and that it is not barred by … the rape-shield rule.”

• The case of Sherman Tate, a school mentor convicted of coercing two 15-year-old female students to touch him sexually. In June 2014 Moore argued that Tate’s attorneys should have been allowed to tell jurors that he believed the girls were bisexual and in a relationship together, and wrote in part that evidence of a relationship between the teenage girls “could be relevant to the victims’ alleged bias against Tate or their collusion” and that a victim’s sexual history with others “does not bar cross-examination regarding a victim’s romantic relationship or even sexual behavior with another complaining victim,” despite Alabama’s Rape Shield rules.

An appeals court had already described Tate’s theory about his accusers’ sexual arrangements as “at best, speculative” and said it would have “confused the jury by diverting its attention to issues that were not germane to this trial.”

THAT IS EXACTLY WHY RAPE SHIELD LAWS WERE WRITTEN!

TO PREVENT THE VICTIM FROM VICTIMIZATION BY THE JUDICIAL SYSTEM!

Point being that,

Roy Moore
is
UNFIT FOR ANY PUBLIC OFFICE,
much less in any judicial,
or
legislative/law-writing capacity such as Senator.

For more information, see:
Roy Moore Challenged Alabama Law That Protects Rape Victims, Documents Reveal
https://www.theguardian.com/us-news/2017/nov/14/roy-moore-alabama-law-rape-victims-judge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

 
%d bloggers like this: