Let's look at this from a Biblical worldview, with the knowledge that God only authorizes 3 forms of punishment: restitution, corporal punishment, and death, and that prison should only be used to hold criminals until judgment can be passed.
Judge to addict: No more babies until fit to care for them
ROCHESTER, NY (Democrat and Chronicle) -- Disheartened by the parade of heroin-addicted parents
A symptom of a larger issue...
who appeared in her courtroom, a Family Court judge in late December ordered an addict-prostitute
Also a symptom, not a root issue...
to not get pregnant again
Ok, not the best ruling, considering God gave the command to "be fruitful and multiply," but ok...
until she was able to regain custody of her newborn son
Woah woah woah! HOLD UP HERE! Why was custody taken away in the first place? You're telling me that the newborn boy is being punished because the mother committed what should be a crime? Punishing the child for the sin of the parent? The system has already failed in multiple places at this point in the article, but this is one of the more serious mistakes.
the fourth child to be taken from her care because of neglect.
Wait... fourth? Punishing the woman's children because of her crimes is the absolute worst thing someone could do to these inoocent children. Whoever ordered that the children should be taken away should be flogged up to 10 times per child taken away, and be stripped of his judge status.
"The testimony in this case clearly established that the mother had little or no prenatal care, that the baby was born prematurely with a positive toxicology for illegal drugs, and that the mother admitted use of illegal drugs during her pregnancy." Family Court Judge Patricia Gallaher wrote in the decision.
All drug dealers should be rounded up, tried, and if found guilty, executed.
The woman should be flogged 5 times for each of her children whom she has neglected.
Gallaher retired at the end of December, and the 27-page decision reads like a salvo from a judge disturbed and dispirited by what she witnessed as a judge and previously a legal assistant in Family Court. And, she wrote, the epidemic of heroin in the community has led to more severe and frequent cases of parental neglect than in years past.
Which is a clear indication that the current system does not work.
"This court has seen about a half dozen seemingly 'nice couples' show up as respondents in neglect cases where both are addicted to heroin and literally throwing their lives away and the lives of their children in just this year," Gallaher wrote.
When you have bad law, crime increases.
The Dec. 27 decision is now over a month old, but is making ripples in legal circles where possible appeals are being weighed. The Monroe County Public Defender's Office represented the mother in the case, identified as Brandy F. in court documents, and may appeal.
If we had a good justice system, the only ones who could appeal a case would be the judges themselves.
The New York Civil Liberties Union, or NYCLU, is also considering assisting with an appeal.
Same as above. Also, lawyers are not needed in a good justice system, as good law can be understood easily even by children
"I understand why the judge may have had good intentions here,"
Good intentions do not make for good decisions.
said KaeLyn Rich, director of the Genesee Valley chapter of the NYCLU. "When it comes to interpreting here, we don't want to set a precedent
Judges do not have the right to judge the law. it doesn't matter what a judge thinks of the law (unless it's immoral, in which case he should disobey it.
that the court has the authority to tell a woman not to get pregnant or a man not to procreate.
God says "Be fruitful and multiply." No man can say not to.
Gallaher was a legal clerk to retired Monroe County Family Court Judge Marilyn O'Connor, who issued a similar ruling in 2004 that made national news and led many to applaud O'Connor for the decision. (Conservative Fox talk show host Bill O'Reilly said O'Connor would be secretary of the U.S. Department of Health and Human Services in his "dream cabinet."
Gallaher mentions O'Connor's decision, calling it "courageous and cutting-edge," but also notes that an appellate court overturned the ruling,
Rulings should not be overturned, because to do so would be to go against the Law. A good Law will never have a case where the ruling is overturned.
deciding that a Family Court judge did not have the authority to order parents to have no more children.
Again, no man has the authority to go against God's command to have children.
That legal dynamic has not changed since 2004, though Gallaher in her ruling implores appellate judges to reconsider the earlier decision.
Four children neglected
In July 2016, Brandy F. gave birth to her son Steven, born at 29 weeks and displaying immediate signs of drug withdrawal. He was in the hospital for 33 days before being released. During the pregnancy, Brandy ingested crack cocaine, methadone and alcohol, according to court testimony.
Brandy should have been flogged for harming her child.
She said she did not know who the father was.
So she's a slut.
Testimony showed that she "admitted using illegal drugs prior to the actual delivery of this child, resulting in her and the newborn having positive toxicology screens at the hospital for both cocaine and opiates," Gallaher wrote.
Again, she should have been flogged.
Gallaher ordered the baby removed from Brandy's care. Court records also show that another son was born prematurely to Brandy in 2014; the boy was addicted to drugs
A tragedy caused by the woman's actions, but even so, you don't punish the child for the mother's (or father's) crimes.
and "had no identified father."
So the mother is a slut. I think we've established that now.
A daughter was taken from her custody in 2011; the girl was also born an addict and "went through medically monitored withdrawal."
A tragedy caused by her mother.
Another son was taken from Brandy's care in 2007 and has been living with his maternal grandmother since that time.
The boy should have been living with his mother, who should have been flogged for harming her children and losing control of her faculties.
While in Brandy's care, the boy "was not protected from access to (a) hypodermic needle."
Drug dealers should be executed for the amount of harm they do, then things like this wouldn't happen.
In the ruling, Gallaher said her goal was to allow Brandy to stabilize her life so she could one day have custody of her children.
Brandy's children should never have been taken away from her. She should be the one punished, not her children. Flogging is the only punishment that will not hurt the children.
The children "would most probably rejoice in having (a) mother who was clean, sober and competent, and hopefully even would love them as a mother should love her children," she wrote.
As they rightly should. But they can't if they're not with their mother.
The ruling makes clear that the onus of responsibility is not solely on Brandy.
It is the responsibility of the parents to take care of their children. The responsibility rests solely on them.
The state's Social Services Law requires that caseworkers "advise eligible needy persons periodically of the availability at public expense of family planning services for the prevention of pregnancy and inquire whether such persons desire to have such services furnished to them."
For better or for worse, the parents are the only ones who are responsible for raising their children, not some socialist program.
Gallaher's ruling directs the county caseworkers to offer family planning and contraception to Brandy, as the law allows.
So the solution is to make it easier for the woman to be a slut without consequences? Why not encourage her to marry a man who will provide for her and her family?
Caseworkers can not require family planning or the use of contraception for a client. The services and contraception are provided at no cost.
Again, the focus should be on building a family, not on making it easier to destroy it.
Gallaher declined to discuss the ruling. Brandy could not be located to discuss the decision.
Retired Judge O'Connor said that the decision from Gallaher, who helped draft the 2004 ruling, shows that many of the same troubling issues she and Gallaher saw in 2004 still exist, and that heroin may be exacerbating the societal problems.
Because the current laws and system are completely broken. If the system was not inherently broken, these issues would not be prevalent at all.
O'Connor said she often encouraged county caseworkers to direct men and women to family planning services, which the county funded, but the county staff seemed loath to do so.
"The law requires it," she said. " ... And they just don't do it."
Instead of that, why don't they tell her that what she's doing is wrong and is destroying her life and the lives of her children?
"The (county social services department) deals with the children coming into their care," she said. "They do not deal with preventing the children coming into their care."
They should be focused on deterrence, not prevention. Also, the Government does not have the right to take away children from their parents. It's one of the reasons our country is so broken, that children grow upwithout one or both parents. Children need a solid foundation for growth, they cannot get that from a socialist program.
O'Connor said that caseworkers do not have to discuss contraception or family planning with someone who is religiously averse to it, but that too often the county staff seemed disinclined to offer to discuss it with anyone.
"They're not dealing with the reality," she said. "They're simply handling the numbers."
Which is exactly what happens when the system is broken. It becomes a numbers game, instead of one person caring for another out of love.
" ... The court is not ordering somebody to get an abortion, to go against their religion, to go against privacy and not have sex, O'Connor said.
God did not give governments the authority to legislate morality, meaning that NO ONE has the authority to allow or command murder.
However, God DID give the government the authority and obligation from God to punish those who are sexually immoral, meaning that if someone is committing a crime, then there is no privacy to be had. Crime is an offence to the public, and is therefore a public matter.
But opponents of the ruling claim the 2004 and current decision do just that, dictate to a woman what she can do with her body.
"It really violates the constitutional right (to privacy) and could set a bad precedent," said Rich, of the NYCLU.
Again, when a crime is being committed, it harms the public, and it becomes a public matter.
First of all, the only people who have the right to appeal a judges decision is the judge himself, and only in certain circumstances.
The NYCLU, Planned Parenthood and others opposed O'Connor's 2004 ruling, and the privacy issue was often the crux of their arguments.
Of course PP would be involved somehow. Planned Parenthood needs to be dismantled for killing millions of children in the womb.
"The implications of this condition are far-reaching," the organizations and others wrote in a 2004 brief appealing O'Connor's ruling. "It would permit unprecedented state intrusion into private decisions concerning reproductive health."
There's nothing wrong with the government dealing with crime. Criminals do not have the right to privacy.
While the appellate arguments focused in part on sweeping issues of privacy, the regional appellate court reversed the ruling on much more narrow grounds, basically saying that a Family Court judge did not have the legal autonomy to issue such an order.
Criminals do not have the right to privacy.
The legal obstacles do not appear to have changed in the past 13 years, though the judges on the appellate court have. Gallaher in her decision encourages the appellate judges to take a fresh look at the decision.
"Abandoning your child is endangering the welfare of a child and it is a crime, not a constitutional right," Gallaher wrote.
Abandoning
Gallaher acknowledges that a violation of her order could present a quandary: Just what would a judge do should Brandy get pregnant again?
If that happens, Brandy and the man who is the child's father should be forced to marry, and never allowed to divorce. Currently, she should be forced to marry whoever her most recent child's father is.
Obviously, a judge would not order an abortion, so jail could be a response, though Gallaher wrote that jail also "is not the intent of this decision."
Jail should never be used as a form of punishment. It is only to be used to hold criminals until they can be judged.
Instead, she said, she hoped the ruling would force both Brandy and the county to look at the best way to ensure Brandy had no more children until she is fit to care for them.
She would be better equipped to be a mother if social services would stop taking her children away. Putting your child in a bubble to protect them from the actions of the parents, what happens? Do the parents generally get better? No, they get worse, because the consequences of their actions have been removed.
"Family planning advice a day after a pregnancy has occurred means the advice is only good to prevent the next pregnancy," she wrote.
Pregnancy should only occur in a committed marriage relationship between a man and a woman. Any other time and it is harmful to both the mother and especially the child.
Agree or disagree with what the judge
Obviously I disagree. If America had a justice system that actually worked, instead of one that is broken, there wouldn't be crimes like this occurring.
Sent from my Pixel XL using
TheologyOnline mobile app