Monday, August 20, 2007

The Legal Conundrum Of Jack McClellan

"There is no law against someone making you feel uncomfortable."

Jack McClellan likes to go to the park, likes to sit and watch, and take pictures of little girls, and likes to go home and blog about how much the little girls turn him on.

Jack McClellan is a pedophile. He has never hurt a child, never molested a child, and vows he never will. Nothing he does is against the law, and he has never broken the law. However, because of the obvious discomfort and distress he causes to people, he is, nonetheless, targeted for law enforcement with restraining orders, trespassing, and likely whatever else police can come up with to satisfy the outraged parents who see this man ogling their children.

It's a fascinating legal situation: Can you target a person for prosecution because of their thoughts? Can you arrest a person simply because his presence upsets people? Can you convict a man based on a set of actions that are, by themselves, absolutely harmless... until coupled (or, legally, even when coupled) with a loathsome mindset?

Of course you can't do those things... it's unconstitutional; but the alternative of doing nothing is hardly acceptable either, isn't it?

Like I said... A truly fascinating legal study, and social one too: It's easy to stand up for liberty and freedom and equal protection under the law in generalized terms. Our difficulty lies where we are confronted by those for whom liberty and freedom and equal protection under the law should not apply... but still do.

3 comments:

Brunty said...

That's the thing. What if! The law enforcment and government would be open to massive law suits if he did do something and they hadn't taken precautions to prevent it.

I personally wouldn't like the guy a thousand feet near my kid even though he has done nothing legally wrong.

Morally the guy is a piece of shit and he would make good friends with your other mate "Harris".

It is an interesting case study as you said.

Anonymous said...

All that guy needs is a serious beatdown.No jury in the world would convict.

Issarat said...

This will be an interesting case: My prediction....the lawyers will (once again) get rich off of it.

tax dollars at work....