casualrider43
Active Member
205 messages
joined Nov 2012
I have a question for those who are perhaps a bit more legally inclined—looking at you, valsimota or Laura Mitchell87: has any petition been filed to challenge the constitutionality of the Sports Fan Act?
In my estimation, Section 32, Subsection 7 is highly contentious. It is precisely this specific clause that effectively bars our guys from entering the stadium.
The argument for why this needs to be struck down is based on the following: (the statute: )
The Right to Rehabilitation
Section 18.
Any individual convicted of a criminal offense, or subsequently acquitted, shall have the right—following the expiration of the timeframes established by law and under the conditions specified herein—to be considered an individual who did not commit said offense. Consequently, their rights and liberties shall not differ from those of individuals who have never committed a criminal offense.
Effectiveness of Rehabilitation
Section 19.
(1) Upon the completion, pardon, or expiration of a sentence involving incarceration, long-term imprisonment, or juvenile detention, as well as upon the payment of fines, convicted individuals possess all the rights of citizens as established by the Constitution, federal law, or other regulations. They may exercise all such rights except for those specifically limited by security measures or the legal consequences of a conviction.
(2) The provisions of subsection 1 shall also apply to offenders subject to special obligations, protective supervision, or those whom the court has acquitted of the charge.
(3) The provisions of subsection 1 apply to individuals on parole, provided their rights are not otherwise restricted by specific parole regulations.
(4) Provided that the offender is not subsequently convicted of a new crime, rehabilitation occurs automatically by operation of law once the following periods have elapsed:
– twenty years from the date of completion, expiration, or pardon of a sentence involving long-term imprisonment,
– fifteen years from the date of completion, expiration, or pardon of a sentence of ten years or more,
– ten years from the date of completion, expiration, or pardon of a sentence of three years or more,
– five years from the date of completion, expiration, or pardon of a sentence of one year or more, including juvenile detention,
– three years from the date of completion, expiration, or pardon of a sentence of up to one year, from the date a fine is paid, from the end of a parole probationary period, from the completion of community service, or from the date a judgment of acquittal becomes final.
(5) Once the timeframes specified in subsection 4 have passed, the offender is deemed to have no criminal record. Any use of data identifying the individual as a criminal offender is prohibited, and such data usage carries no legal weight. A rehabilitated person maintains the right to deny their prior conviction and, therefore, cannot be held liable or suffer any legal repercussions due to it.
This is vital reading; please, read it carefully.