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countryboy 
Group: Members
Posts: 174
Joined: Nov. 2007
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Posted on: Sep. 17 2008,6:50 am |
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(busybee @ Sep. 17 2008,6:08 am)
QUOTE QUOTE More so to protect the next victims ( to prevent them from working in this field again) And...how is that going to happen if they have not been charged of a crime yet? Do people plan on following them around until something is done....if anything? If they get charged criminally, I can guarantee if they are released on their own recognizances, the Judge will order something from the bench that they have no contact with vulnerable adults, nursing homes, or any employment field that requires care for persons who are vulnerable. He will most likely order something to that affect as part of the condition of their release.
Right, problem is one of them is already working in another nursing home.
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| Post Number: 196
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Santorini
Group: Members
Posts: 2015
Joined: Nov. 2007
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Posted on: Sep. 17 2008,8:02 am |
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(busybee @ Sep. 17 2008,6:17 am)
QUOTE QUOTE Newbie, Who are you protecting??
You know who they are too, don't ya? Now why would you assume to think you have the right to ask that? Do you have FACTS to back up those types of questions? If not, then there isn't any reason for you to post remarks like this. Just recently you asked others to "back off." Maybe you could start sweeping your own doorstep too.
I stick to my statement if they were black, hispanic, or male charges would have been filed!
You'll see why, hopefully, soon!
Further,
read post #151 when I said why doesn't the country attorney get help from the Attny General!!!
Gee, guess somebody on this post has the right idea!!
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"Things turn out best for those who make the best
of the way things turned out." Jack Buck
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| Post Number: 197
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Newbie
Group: Members
Posts: 716
Joined: Mar. 2004
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Posted on: Sep. 17 2008,8:34 am |
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I really doubt the parents of these girls would condone the acts in any of the accusations. I'm sure most of these posts are heart wrenching to the families.
There is this thing called "free will" which people use quite often. It's a scientific fact the teenagers brains are not fully wired to predict distant outcomes of their actions most of the time. I think it's also true that many teenagers will lie to get out of trouble even if that means getting someone else in trouble.
Before Santorini breaks a finger trying to respond. 
I think it's only fair for the accusations to be substantiated so that the girls who are rightly accused can be held accountable for their actions.
I also find it unfair that any employee who had knowledge or claimed to have knowledge of this situation are not going to be held accountable for their part.
Aren't any of you upset that mandated reporters didn't report this and they still get to work in nursing homes. Why didn't they report if they knew what was going on?
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People who don't like cats must have been mice in a previous life.
Never argue with an idiot; they'll drag you down to their level and beat you with experience.
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| Post Number: 198
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busybee
Group: Members
Posts: 2510
Joined: May 2004
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Posted on: Sep. 17 2008,10:15 am |
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QUOTE I stick to my statement if they were black, hispanic, or male charges would have been filed!
You'll see why, hopefully, soon!
Further,
read post #151 when I said why doesn't the country attorney get help from the Attny General!!!
Gee, guess somebody on this post has the right idea!!
 You have all the answers.
Mr. Nelson rarely takes abuse cases to trial, Good Sam or not, he's a plea bargainer. It doesn't matter what color an abuser is, male or female. He simply doesn't like to try a case unless knows he can win...for sure.
So, it's an awesome thing that the Attorney General's Office offered their assistance. Hopefully everyone involved in the system will learn something, charges or not.
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| Post Number: 199
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Santorini
Group: Members
Posts: 2015
Joined: Nov. 2007
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Posted on: Sep. 17 2008,2:42 pm |
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Just an FYI:
Crime = "Every crime involves a wrongful act (actus reus)
specifically prohibited by the criminal law. For example, in the crime of battery, the actus reus consists in the striking or offensive touching of another person. Even the failure to take action can be considered a wrongful act, if the law imposes a duty to take action in a certain situation." Criminal Law and Procedure, second edition, John M. Scheb & John M. Scheb II (pg.4).
"In most cases the law requires that the wrongful act be accompanied by criminal intent (mens rea). Criminal intent does not refer to one's motive or reason for acting, but merely to one's having formed a mental purpose to act." Criminal Law and Procedure, second edition, John M. Scheb & John M. Scheb II (pg.4).
State v. Bey, 161 Me. 23,206A. 2d 413 (1965)
"this Court observed that assault and battery may become "high and aggravated in nature" by the presence of "circumstances of aggravation, such as great disparity between the ages and physical conditions of the parties, a difference in the sexes, indecent liberties or familiarities with a female, the purposeful infliction of shame and disgrace,..."...
State v. Rand, 156 Me. 81, 161 A. 2d 852 (1960)
..."What intention could the respondent have had other than an evil intention to indulge his own lustful desires?
By his indecent acts he violated the person and dignity of the child in a manner abhorrent to society."...
Cases cited: Criminal Law and Procedure, second edition
John M. Scheb & John M. Scheb II, chapter 6, Offenses Against Persons. Pg. 153.
..."Sexual contact " is defined as including the intentional touching of the victim's private parts or the intentional touching of the clothing covering the immediate area of the victim's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal...Mich. Comp. Laws Ann 750.520a(k))1).
"Fourth-degree criminal sexual conduct involves sexual contact with another person involving force or coercion, OR where the actor knows or has reason to know that the victim is mentally incapable, mentally incapaciated, or physically helpless..." Source: Criminal Law and Procedure, second edition, John M. Scheb & John M. Scheb II, pg. 140.
Interesting read if one is willing to research.
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"Things turn out best for those who make the best
of the way things turned out." Jack Buck
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