Dying Girl Denied Chance To Visit Father

[JoeRedskin]

Originally Posted by Lady Brave

In my opinion, no. We have guidelines in place for a good reason and we don't make decisions hastily when confronted with issues like these. People may not agree with the rules we have in place, but they are necessary in order to maintain fairness when dealing with all inmates, not just a select few.

I think my credentials as a law and order guy are pretty well established. So, while I generally agree with you, I believe an essential part of our government and its criminal system is the human element which requires flexibility even within the rules. Judges and juries are expected to rely on there own experiences. Further, a state that inflexibly applies rules and regulations often ignores or acts contrary to the original intent of those rules.

No matter how carefully we draft rules, regulations or statutes, a situtation will arise that was meant to be covered, or should have been covered, but does not appear covered by the plain language of the writing.

In this case, if the plain language of the rules do not permit an expedited movement of the prisoner from one facility to another in situations where such movement can assist the health and welfare of an innocent without undue burden to the state or increased harm to the public, then a) the rules need to be changed; and b) a careful analysis of the applicable rules needs to be made so that the move can be accomplished, if (to paraphrase a Man For All Seasons) "a sliver of an opening exists" to permit the requested movement.