Greedy Trial Lawyer
Judge May Need "His" Head Examined
Category: News Defused
Riverside County, California, is about to become a major tourist attraction.
Judge Says Indecent Exposure Law Applies to Men Only; Drops Charge Against Woman
A Riverside County judge dismissed an indecent exposure charge against a woman who allegedly disrobed in front of a 14-year-old boy, saying the law applies only to men.Superior Court Judge Robert W. Armstrong said this week that the law mentions a person who "exposes his person."
"Usually when a section proscribes conduct, it's 'his or her.' This one is not," Armstrong said. "It's gender specific."
Riverside County Deputy Dist. Atty. Alison N. Norton argued that the lack of a feminine reference in the penal code was a typo and that solely applying the law to men would violate the state Constitution.
But Armstrong was not convinced.
"I'm just telling you what it says," he said. "So on that basis, this case is dismissed. And the people can take an appeal from the dismissal."
There is one big problem with the logic of the Judge's ruling. Take a look at the Bill of Rights to the U.S. Constitution.
Amendment VI Of The United States Constitution (Bill of Rights)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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