George Orwell Has Moved to Cleveland. (Or Is It Common Sense?)

 

Every record has been destroyed or falsified, every book rewritten, every picture has been repainted, every statue and street building has been renamed, every date has been altered. And the process is continuing day by day and minute by minute. History has stopped.”

 – George Orwell (1984)

On July 10th The Cleveland Plain Dealer and it’s online presence, cleveland.com, announced a new policy: The right to be forgotten. Writes President and Editor of Advance Ohio, Chris Quinn:

Not a week goes by anymore, it seems, that several of us in the newsroom don’t hear from people who are blocked from improving their lives by the prominence of cleveland.com stories about their mistakes in Google searches of their names. They don’t get jobs, or their children find the content, or new friends see it and make judgments.

I started asking the question in columns a few years ago: How long should someone have to pay for a mistake?

…People who have committed non-violent crimes who successfully petition the courts to permanently delete all records of their criminal cases will be able to send us a request, along with proof of the expungement, and in most cases, we will remove their names from the stories about them on cleveland.com. Google of their names will stop finding those stories.

Furthermore, they promise to stop using mugshots. Mugshots, you see, reinforce racial stereotypes. “Because many crimes we cover are borne of poverty, which disproportionately involves African Americans, the mug shots are disproportionately of African Americans.” There’s a lot to unravel in that sentence, not the least of which is the soft bigotry of low expectations.

But to what extent is it a newspaper’s responsibility to hide or alter truths? Doesn’t The New York Times constantly remind us that “The Truth is Hard,” and the Washington Post tells things “die in the darkness?” On the other hand, is this just really common sense?

Earlier this month I questioned the coverage that The Capital Gazette gave of the person that eventually entered their newsroom with a shotgun and murdered five of the paper’s employees. How much attention should local papers even give to the police blotter? The glare of the spotlight does strange things to people that are not prepared to deal with it.

For The Plain Dealer these are the new rules:

“We will greatly curtail our use of mug shots, restricting them to the most notorious of crimes. Generally, if we believe news value exists in a photo of an accused criminal, we will go to the court appearance and shoot our own photo.

We will stop naming most people accused of most minor crimes.

And we will consider requests for removal of names from dated stories about minor crimes from people who have had their records expunged. This is an experiment for us. We don’t know what to expect or how it might affect our resources. We might have to adjust the process based on experience.”

Should online media do this pro-actively? Or is this something that the courts should coordinate with the search engine companies? Who really has the right to rewrite and expunge history?

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  1. Misthiocracy, Joke Pending Member
    Misthiocracy, Joke Pending
    @Misthiocracy

    EJHill (View Comment):

    Chuckles: Doesn’t a hard copy remain? Are scanned images retained?

    That’s a good question. One of the leading suppliers of microfilmed newspapers now only archives 40 newspapers worldwide.

    The Plain Dealer still prints a paper every day (but only delivers to homes four days a week) but some papers are embracing digital content only. But that’s not that many at present. How the paper chooses to archive would be interesting to explore.

    One would like to think that the state-of-the-art for archival technology has progressed to the point where the cost of hard copy digitization would now be low enough for public and/or college libraries to do their own archivism.  Microfilm/microfiche seems like ancient tech at this point.

    Google had a project to digitized newspaper hardcopies, but they discontinued the project in 2011, and I don’t see the Cleveland Plain Dealer on the list.  The stuff they did archive is still online though:  https://news.google.com/newspapers

    • #31
  2. David Carroll Thatcher
    David Carroll
    @DavidCarroll

    EJHill (View Comment):

    David Carroll: If I understand correctly, the newspaper is eliminating the source that would be found in Google searches. The criminal record is still there and findable in the court records for anyone who does a reasonable background check.

    No, it’s just the opposite. They’re claiming that the official records have been expunged but the newspaper record survives.

    I find these private background check companies to be mostly horrible. I have a rather common and boring name and when being checked by Little League as a coach for my son’s team their “investigators” sent me a snail mail with the arrest records of two different sexual predators that share my name and demanded that I submit proof that I was neither one of those. Now, they had a copy of my driver’s license and the mug shots of the two perps. Even if the perps hadn’t been black there was no reason to believe I was either of the “gentlemen” depicted. But it was up to me to prove it.

    If they are only eliminating the records of those whose records have been expunged, I agree with the decision.  Records of convictions are expunged only in limited cases and after a finding that the accused has been rehabilitated.  If the conviction is findable on Google, then the expungement is ineffective as a practical matter.

    • #32
  3. The Reticulator Member
    The Reticulator
    @TheReticulator

    EJHill (View Comment):

    Chuckles: Doesn’t a hard copy remain? Are scanned images retained?

    That’s a good question. One of the leading suppliers of microfilmed newspapers now only archives 40 newspapers worldwide.

    The Plain Dealer still prints a paper every day (but only delivers to homes four days a week) but some papers are embracing digital content only. But that’s not that many at present. How the paper chooses to archive would be interesting to explore.

    Which supplier is that? (I have a subscription to newspapers.com, which I would guess archives more than 40 current newspapers, but I don’t really know.) 

    • #33
  4. EJHill Podcaster
    EJHill
    @EJHill

    The company is called Pro Quest and I got the 40 number from an article in the Columbia Journalism Review. 

    There are many companies that supply digital versions of already microfilmed works, it’s picking up the slack of the last 10 to 20 years that’s the problem. At one point there were 28 people working in the morgue of The New York Times. Now there’s one.

    • #34
  5. Bethany Mandel Coolidge
    Bethany Mandel
    @bethanymandel

    Very thought-provoking, especially as someone who airs more on the side being beware of the dangers of the online mob. 

    • #35
  6. Phil Turmel Inactive
    Phil Turmel
    @PhilTurmel

    David Carroll (View Comment):
    If they are only eliminating the records of those whose records have been expunged, I agree with the decision. Records of convictions are expunged only in limited cases and after a finding that the accused has been rehabilitated.

    Rehabilitation is a dirty word, as far as I’m concerned.  Mainly because the evidence that it’s real is pretty thin.  As in anecdotes, not data. Combine that with the reality that “expunged” is basically permission to lie about one’s past, and I’m not down with that at all.  Not even for minors.

    If the conviction is findable on Google, then the expungement is ineffective as a practical matter.

    It should be ineffective.

    • #36
  7. Misthiocracy, Joke Pending Member
    Misthiocracy, Joke Pending
    @Misthiocracy

    David Carroll (View Comment):

    EJHill (View Comment):

    David Carroll: If I understand correctly, the newspaper is eliminating the source that would be found in Google searches. The criminal record is still there and findable in the court records for anyone who does a reasonable background check.

    No, it’s just the opposite. They’re claiming that the official records have been expunged but the newspaper record survives.

    I find these private background check companies to be mostly horrible. I have a rather common and boring name and when being checked by Little League as a coach for my son’s team their “investigators” sent me a snail mail with the arrest records of two different sexual predators that share my name and demanded that I submit proof that I was neither one of those. Now, they had a copy of my driver’s license and the mug shots of the two perps. Even if the perps hadn’t been black there was no reason to believe I was either of the “gentlemen” depicted. But it was up to me to prove it.

    If they are only eliminating the records of those whose records have been expunged, I agree with the decision. Records of convictions are expunged only in limited cases and after a finding that the accused has been rehabilitated. If the conviction is findable on Google, then the expungement is ineffective as a practical matter.

    Hmm…  Tricky.  

    How far does one go when following this logic?  In the case of an expunged record, should all coverage of the case be wiped from the Internet?  The investigation?  The arrest?  The trial?  

    If you wiped all record of the conviction from the web but don’t wipe all the other bits of information surrounding the case then the individual’s name could still pop up as a “person of interest” or “a suspect” in the case.  But then, if you do wipe all record of the entire incident that’s potentially a lot of history going into the Memory Hole.  What if there are victims involved who feel they deserve to have the incident recorded for history?

    Again, as far as I’m concerned it’s the prerogative of the newspaper, but if the argument is now about ensuring the integrity of the expungement in an absolute sense, that means that all third-party archives of the information would also have to be wiped.  I would not be comfortable telling archive.org that they would be required to wipe the information from their archive.

    • #37
  8. Misthiocracy, Joke Pending Member
    Misthiocracy, Joke Pending
    @Misthiocracy

    The Reticulator (View Comment):

    EJHill (View Comment):

    Chuckles: Doesn’t a hard copy remain? Are scanned images retained?

    That’s a good question. One of the leading suppliers of microfilmed newspapers now only archives 40 newspapers worldwide.

    The Plain Dealer still prints a paper every day (but only delivers to homes four days a week) but some papers are embracing digital content only. But that’s not that many at present. How the paper chooses to archive would be interesting to explore.

    Which supplier is that? (I have a subscription to newspapers.com, which I would guess archives more than 40 current newspapers, but I don’t really know.)

    Newspapers.com claims that they archive over 8,500 newspapers dating back to the 1700s.

    • #38
  9. EJHill Podcaster
    EJHill
    @EJHill

    Misthiocracy, Joke PendingNewspapers.com claims that they archive over 8,500 newspapers dating back to the 1700s

    But that’s not the question. How much has been archived non-digitally since the beginning of this century? And who did it on microfilm before? Was is the newspapers or third parties? 

    As someone once said, “Digital is forever. Or five years. Whichever comes first.”

    • #39
  10. Judge Mental Member
    Judge Mental
    @JudgeMental

    Phil Turmel (View Comment):

    Rehabilitation is a dirty word, as far as I’m concerned. Mainly because the evidence that it’s real is pretty thin. As in anecdotes, not data. Combine that with the reality that “expunged” is basically permission to lie about one’s past, and I’m not down with that at all. Not even for minors.

    You can also get one if the arrest was improper in the first place.  Hypothetical: you’re arrested without probable cause, the case is dismissed on that basis, without prejudice (meaning they can refile the charges with new evidence), and it is therefore left pending.  That will show up as you currently being under indictment, even after the statute of limitations has run.

    • #40
  11. TBA Coolidge
    TBA
    @RobtGilsdorf

    Anything that could lead to a wrong conclusion must be made an unfact. 

    • #41
  12. OccupantCDN Coolidge
    OccupantCDN
    @OccupantCDN

    Ok, if you have the right to have past misdeeds forgotten, then how will back ground and credit checks work?

    I can imagine that you have the right to have facebook posts and google stuff purged (that you created) but public records, like mug shots, arrests or bankruptcies?

    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    • #42
  13. The Reticulator Member
    The Reticulator
    @TheReticulator

    OccupantCDN (View Comment):

    Ok, if you have the right to have past misdeeds forgotten, then how will back ground and credit checks work?

    I can imagine that you have the right to have facebook posts and google stuff purged (that you created) but public records, like mug shots, arrests or bankruptcies?

    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    How about Supreme Court nominees. Do they have the right to have past deeds and misdeeds forgotten?  If so, does this right depend on which party they belong to?

    • #43
  14. Stad Coolidge
    Stad
    @Stad

    Judge Mental (View Comment):

    Stad (View Comment):

    Ekosj (View Comment):

    The media these days ….

    They really do try tell the truth. And mostly nothing but the truth.

    But The Whole Truth? Not so much. No, the whole truth is a dangerous thing. The readers might draw uncomfortable deductions and come to conclusions at odds with the recommended narrative.

    Examples. The WaPo recently reported on a 91 year old Hispanic man attacked with a brick here in the US. His assailant reportedly shouted “Go back to your own country!”

    A clear hate crime, right? You can picture the angry white guy in a MAGA cap.

    Not until the fifth paragraph do they tell the reader that the assailant was a black woman.

    https://pjmedia.com/trending/washington-post-article-buries-race-of-hate-attack-culprit-in-fifth-paragraph/

     

    A week or so there was a knife attack at an apartment complex in Idaho. The complex is home to many resettled refugees. And refugees, including children, were among the victims. The perpetrator was at large. It lead the news here in NYC. Again, you were invited to picture the angry anti-immigrant white guy going ballistic. There were frequent updates. Then … nothing. Crickets. The next day I had to Google the incident to find out that the perp was apprehended and identified as a black man from LA who had been staying at the complex. He’d been asked to leave the day prior and he came back for revenge. The story never re-appeared when, a day or so later, one of the children died. Nothing to see here. Move along.

     

    Once you realize they they do it … you notice it all the time. Everywhere. I’m actually kind’a surprised the Cleveland paper admitted it up front.

    They also tend to withold the names of the perps when they are something like “Mohammed”, “Abdul”, “Khalid” . . . you get the idea.

    You mean, a Cleveland Man?

    Hehe . . . they initially say “A British citizen” or “A French citizen”, leaving out words like “Naturalized” and “from a Middle Eastern country”.  So far, the truth has gotten out . . .

    • #44
  15. Dr. Bastiat Member
    Dr. Bastiat
    @drbastiat

    RossC (View Comment):
    I am kind of a second law of thermodynamics person

    Oh my goodness that’s a great line. 

    • #45
  16. KentForrester Inactive
    KentForrester
    @KentForrester

    Full Size Tabby (View Comment):

    I have a bigger problem with the new policy of not using mug shots because I believe it is being done with a motivation to deceive the public by hiding from the public information about the people committing crimes.

    When I subscribed to the newspaper for the city I live near, I was struck by the lengths the newspaper would sometimes go to avoid identifying the race of the person arrested. I believe they did so because the people who put the newspaper together were ideologically uncomfortable with the fact that persons of one race committed a highly disproportionate share of the region’s crime, particularly violent crime. Putting in mug shots would highlight that ideologically uncomfortable fact.

    Ms. Tabby, I think you have analyzed the situation perfectly. 

    • #46
  17. Midget Faded Rattlesnake Member
    Midget Faded Rattlesnake
    @Midge

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    • #47
  18. Phil Turmel Inactive
    Phil Turmel
    @PhilTurmel

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    If it was sufficiently serious to merit public punishment, it was sufficiently serious to merit permanent public memory thereof.  I will agree that there are such offenses that probably shouldn’t require registration.  On the flip side, like for any other crime, deterrence is best established with serious punishment.  Preferably quick and certain punishment, but there are some things our system of justice just can’t seem to manage.

    • #48
  19. Dr. Bastiat Member
    Dr. Bastiat
    @drbastiat

    Phil Turmel (View Comment):

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    If it was sufficiently serious to merit public punishment, it was sufficiently serious to merit permanent public memory thereof. I will agree that there are such offenses that probably shouldn’t require registration. On the flip side, like for any other crime, deterrence is best established with serious punishment. Preferably quick and certain punishment, but there are some things our system of justice just can’t seem to manage.

    This is just one of the problems with redefining “sexual harassment” to mean “anything that makes anyone feel uncomfortable, ever, even in retrospect.”

    • #49
  20. TempTime Member
    TempTime
    @TempTime

    I was getting ready to click the ‘like’ button on your comment.  Then I read this …

    J.D. Snapp (View Comment):
    How well would it play out if someone served prison time for molesting children (not necessarily a violent crime),

    (emphasis mine for clarity)

    • #50
  21. Midget Faded Rattlesnake Member
    Midget Faded Rattlesnake
    @Midge

    OccupantCDN (View Comment):
    Ok, if you have the right to have past misdeeds forgotten, then how will back ground and credit checks work?

    They will likely keep working, no matter what people think they have a right to. There is too much at stake, I think, to make it feasible to keep relevant information out of their hands. I imagine their most common problem will continue to be what EJ reported — mixups in documentation that damage innocent people, and that these innocent people must then sort out for themselves as best they can.

    FICO really is more interested in estimating credit correctly than it is in ensuring that people cannot escape past mistakes. For example, FICO 9 (many institutions are still stuck on FICO 5 and will be for the foreseeable future) treats medical debt differently from other debt, when previous FICO #s hadn’t. FICO 9 doesn’t do that to be nice, or compassionate, or even “fair”, but because mounting evidence showed that the change leads to better predictions of creditworthiness.

    • #51
  22. Ekosj Member
    Ekosj
    @Ekosj

    Ekosj (View Comment):

    The media these days ….

    They really do try tell the truth. And mostly nothing but the truth.

    But The Whole Truth? Not so much. No, the whole truth is a dangerous thing. The readers might draw uncomfortable deductions and come to conclusions at odds with the recommended narrative.

    Examples. The WaPo recently reported on a 91 year old Hispanic man attacked with a brick here in the US. His assailant reportedly shouted “Go back to your own country!”

    A clear hate crime, right? You can picture the angry white guy in a MAGA cap.

    Not until the fifth paragraph do they tell the reader that the assailant was a black woman.

    https://pjmedia.com/trending/washington-post-article-buries-race-of-hate-attack-culprit-in-fifth-paragraph/

     

    A week or so there was a knife attack at an apartment complex in Idaho. The complex is home to many resettled refugees. And refugees, including children, were among the victims. The perpetrator was at large. It lead the news here in NYC. Again, you were invited to picture the angry anti-immigrant white guy going ballistic. There were frequent updates. Then … nothing. Crickets. The next day I had to Google the incident to find out that the perp was apprehended and identified as a black man from LA who had been staying at the complex. He’d been asked to leave the day prior and he came back for revenge. The story never re-appeared when, a day or so later, one of the children died. Nothing to see here. Move along.

     

    Once you realize they they do it … you notice it all the time. Everywhere. I’m actually kind’a surprised the Cleveland paper admitted it up front.

    Oh.   And here is a wonderful example.    I stumbled across this story by accident.    

    Illegal alien drug runner beheads special needs 13 year old American girl after making her watch as her grandmother was stabbed to death.   This happened just outside Huntsville Alabama.    

    On the news?    Not in my paper    Not on any news outlet I have seen.    I tripped over the story in the Atlanta Journal Constitution quite by accident.    And while googling the incident returns some regional accounts, hardly any mention the immigration status.    The one below does … at the very end.  

    http://m.live5news.com/live5news/db_383282/contentdetail.htm?contentguid=pfy6SENC

    • #52
  23. TBA Coolidge
    TBA
    @RobtGilsdorf

    THE PLAIN DEALER: “Ohio’s Paper of Temporary Record”. 

    • #53
  24. Dr. Bastiat Member
    Dr. Bastiat
    @drbastiat

    Ekosj (View Comment):

    Illegal alien drug runner beheads special needs 13 year old American girl after making her watch as her grandmother was stabbed to death. This happened just outside Huntsville Alabama.

    On the news? Not in my paper Not on any news outlet I have seen.

    My goodness.  You might think that would make the news. 

    If the victim had been a black woman and the murderer had been a white male in a MAGA hat, I think that might have made the news. 

    • #54
  25. David Carroll Thatcher
    David Carroll
    @DavidCarroll

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    Phil Turmel (View Comment):

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    If it was sufficiently serious to merit public punishment, it was sufficiently serious to merit permanent public memory thereof. I will agree that there are such offenses that probably shouldn’t require registration. On the flip side, like for any other crime, deterrence is best established with serious punishment. Preferably quick and certain punishment, but there are some things our system of justice just can’t seem to manage.

    So take the case of an inebriated college student with a clean criminal record stumbling from the campus bar back to his dormitory. He has an urgent need to urinate. (Who hasn’t been there). For some quick relief. Local police officer arrested for public urination, a “sex offense.” The kid carries a sex offender label for life.

    Do you really think that is fair? To me, it is a perfect case for expungement.

    • #55
  26. Phil Turmel Inactive
    Phil Turmel
    @PhilTurmel

    David Carroll (View Comment):

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    Phil Turmel (View Comment):

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    If it was sufficiently serious to merit public punishment, it was sufficiently serious to merit permanent public memory thereof. I will agree that there are such offenses that probably shouldn’t require registration. On the flip side, like for any other crime, deterrence is best established with serious punishment. Preferably quick and certain punishment, but there are some things our system of justice just can’t seem to manage.

    So take the case of an inebriated college student with a clean criminal record stumbling from the campus bar back to his dormitory. He has an urgent need to urinate. (Who hasn’t been there). For some quick relief. Local police officer arrested for public urination, a “sex offense.” The kid carries a sex offender label for life.

    Do you really think that is fair? To me, it is a perfect case for expungement.

    No, it’s not fair.  That’s a perfect case for reforming the “sex offense” classification.  Let that man explain his youthful indiscretion to any to question his record.

    • #56
  27. Midget Faded Rattlesnake Member
    Midget Faded Rattlesnake
    @Midge

    Phil Turmel (View Comment):

    David Carroll (View Comment):

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    Phil Turmel (View Comment):

    Midget Faded Rattlesnake (View Comment):

    OccupantCDN (View Comment):
    How about sex offender databases? is a lifetime membership in the club no longer permanent?

    It shouldn’t always be permanent. Many young men’s lives are ruined by being caught in sexual follies that, if they deserve punishment, do not deserve the lifelong punishment of being branded a sexual offender for life.

    The reason to label someone a sex offender for life, to be permanently quarantined from his sexual prey, is because he’s an ongoing danger to them. Many who land on the sex-offender registry in youth aren’t that kind of hardened pervert.

    If it was sufficiently serious to merit public punishment, it was sufficiently serious to merit permanent public memory thereof. I will agree that there are such offenses that probably shouldn’t require registration. On the flip side, like for any other crime, deterrence is best established with serious punishment. Preferably quick and certain punishment, but there are some things our system of justice just can’t seem to manage.

    So take the case of an inebriated college student with a clean criminal record stumbling from the campus bar back to his dormitory. He has an urgent need to urinate. (Who hasn’t been there). For some quick relief. Local police officer arrested for public urination, a “sex offense.” The kid carries a sex offender label for life.

    Do you really think that is fair? To me, it is a perfect case for expungement.

    No, it’s not fair. That’s a perfect case for reforming the “sex offense” classification. Let that man explain his youthful indiscretion to any to question his record.

    OK, so consider the following scenario:

    A guy commits statutory rape with his underage girlfriend. They are too far apart in age to be protected by Romeo and Juliet laws (laws which say it’s not statutory rape if the age difference is small enough), but even though the guy was, according to the law, technically old enough to have known better, he’s still pretty young, and it seems like it’s probably not a case of an adult exploiting a minor.

    But… maybe it was. After all, according to the law, even with a Romeo and Juliet clause, this young man was old enough to know better. There is, therefore, some ambiguity as to whether this was just a disastrous youthful folly, or actual predatory behavior.

    What if this young man got put on the registry for a limited length of time, just in case he is a predator, then removed after a few years if he doesn’t reoffend in that time?

    We have statutory rape laws for a reason. Someone committing statutory rape isn’t just taking his willie out for a wiz and getting caught, it really is a sexual offense. But it’s the kind of sexual offense that, if committed young enough, seems like an offense you don’t have to be a hardened pervert to commit.

    Moreover, there are other cases involving sexual contact between the young where the contact absolutely should be punished as a sexual offense (because it is) but it seems unreasonable to treat the young as hardened perverts deserving a brand of “sex offender” for life (which they often are). You can read about some of them here. It’s a harrowing read, I warn you. These kids deserved punishment, but not the punishment they received.

    • #57
  28. Phil Turmel Inactive
    Phil Turmel
    @PhilTurmel

    Midget Faded Rattlesnake (View Comment):
    What if this young man got put on the registry for a limited length of time, just in case he is a predator, then removed after a few years if he doesn’t reoffend in that time?

    We’ve kind of drifted from the OP, which is about forcing private entities to expunge crime records.  Whether the above adjustments to the sex offender registry are reasonable or not, which is certainly debatable, I maintain that silencing private entities reporting of old crimes is an egregious first amendment violation.  And a terrible policy, too.  I personally don’t believe any crime records should be expunged.  Every potential employer or social acquaintance should be able to decide for themselves what grace a criminal should receive in the present day.  Government should never be issuing “licenses to lie” about ones past.

    • #58
  29. EJHill Podcaster
    EJHill
    @EJHill

    Phil Turmel: We’ve kind of drifted from the OP, which is about forcing private entities to expunge crime records.

    No one is “forcing” cleveland.com to expunge anything. This is a volunteer effort. The OP is simply asking the question if this holds true to the tenets of journalism. Are they in the “truth” business or the social engineering business?

    • #59
  30. Phil Turmel Inactive
    Phil Turmel
    @PhilTurmel

    EJHill (View Comment):

    Phil Turmel: We’ve kind of drifted from the OP, which is about forcing private entities to expunge crime records.

    No one is “forcing” cleveland.com to expunge anything. This is a volunteer effort.

    True enough, in this case.  I was playing back in my mind the EU’s “right to be forgotten”.  Chaps my [expletive].

    The OP is simply asking the question if this holds true to the tenets of journalism. Are they in the “truth” business or the social engineering business?

    That’s a rhetorical question, right?

    • #60
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