{"id":471,"date":"2012-11-24T16:39:43","date_gmt":"2012-11-24T16:39:43","guid":{"rendered":"https:\/\/skepticink.com\/incongruentelements\/?p=471"},"modified":"2012-11-24T16:39:43","modified_gmt":"2012-11-24T16:39:43","slug":"okla-judge-defends-sentencing-teenager-to-church-even-if-its-not-legal","status":"publish","type":"post","link":"https:\/\/skepticink.com\/incongruentelements\/2012\/11\/24\/okla-judge-defends-sentencing-teenager-to-church-even-if-its-not-legal\/","title":{"rendered":"&#8220;Okla. judge defends sentencing teenager to church even if it\u2019s not legal&#8221;"},"content":{"rendered":"<p>&nbsp;<\/p>\n<p>Sigh. Why do people do this?<\/p>\n<blockquote><p>MUSKOGEE, Okla. (RNS) A district judge in Oklahoma who sentenced a 17-year-old boy to 10 years of church attendance is standing by his sentence as the right thing to do &#8212; even if it may not have been the constitutional thing to do.<\/p>\n<p>Judge Mike Norman gave Tyler Alred a 10-year deferred sentence for DUI manslaughter. Alred was driving a Chevrolet pickup in the early morning hours of Dec. 4, 2011 when he hit a tree. His passenger and friend, 16-year old John Dum, was pronounced dead at the scene.<\/p><\/blockquote>\n<p>Norman also ordered the boy to finish high school and complete welding school. Everyone involved has agreed to the sentence.<\/p>\n<p>However, the ACLU isn&#8217;t happy.<\/p>\n<blockquote><p>Ryan Kiesel, the executive director of the <a href=\"http:\/\/acluok.org\/\">Oklahoma chapter of the ACLU<\/a>, said the requirement to attend church is a \u201cclear violation of the First Amendment.\u201d<\/p>\n<p>\u201cIt\u2019s my understanding that this judge has recommended church in previous sentences, and I believe that goes too far, as well,\u201d Kiesel said. \u201cThis, however, actually making it a condition of a sentence, is a clear violation of the Establishment Clause and the Free Exercise Clause of the First Amendment.\u201d<\/p>\n<p>Norman said he didn\u2019t believe his sentence would pass a legal challenge &#8212; but he doesn\u2019t believe either side will seek an appeal.<\/p>\n<p>\u201cBoth families were satisfied with the decision,\u201d Norman said in an interview. \u201cI talked to the district attorney before I passed sentence. I did what I felt like I needed to do.\u201d<\/p><\/blockquote>\n<p>A rep. for The Oklahoma chapter of Americans United for Separation of Church and State have an interesting take on the situation:<\/p>\n<blockquote><p>The Rev. Bruce Prescott, executive director of the <a href=\"http:\/\/www.auok.org\/\">Oklahoma chapter of Americans United for Separation of Church and State<\/a>, said he is sure the sentence doesn\u2019t pass constitutional muster, but he is equally worried about the spiritual ramifications.<\/p>\n<p>\u201cI\u2019m a minister,\u201d Prescott said. \u201cI want people to go to church, but it\u2019s not helpful for a judge to sentence someone to church. What will the judge do if the young man changes his affiliation in the next few years? Will he be allowed to switch to a mosque or become an atheist? Religion is not a tool of the state, and it\u2019s certainly not for the state to use as a tool of rehabilitation.\u201d<\/p><\/blockquote>\n<p>This is one odd story, filled with pretzel logic. I mean seriously? Why would a judge do something unconstitutional? Isn&#8217;t that kind of like&#8230; breaking the law or something? If so, why isn&#8217;t law enforcement stepping in? I&#8217;m not an expert but this story is filled with all kinds of strangeness.<\/p>\n<blockquote><p>Kiesel said he is especially concerned in this case because the judge admits to making a decision he knows is not legal.<\/p>\n<p>\u201cThe Constitution is not exercised at your discretion,\u201d he said. \u201cYou take an oath to uphold it all the time, not just sometimes.\u201d<\/p><\/blockquote>\n<p>Sigh.<\/p>\n<p><a href=\"http:\/\/www.religionnews.com\/politics\/law-and-court\/okla-judge-defends-sentencing-teenager-to-church-even-if-its-not-legal\">Here&#8217;s the link.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; Sigh. Why do people do this? MUSKOGEE, Okla. (RNS) A district judge in Oklahoma who sentenced a 17-year-old boy&hellip;<\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8,7],"tags":[22,21],"class_list":["post-471","post","type-post","status-publish","format-standard","hentry","category-in-the-news","category-what","tag-in-the-news","tag-what"],"_links":{"self":[{"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/posts\/471","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/comments?post=471"}],"version-history":[{"count":0,"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/posts\/471\/revisions"}],"wp:attachment":[{"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/media?parent=471"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/categories?post=471"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/skepticink.com\/incongruentelements\/wp-json\/wp\/v2\/tags?post=471"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}