Tuesday, November 22, 2005

End Justifies the Means... Ga Constitution Ignored

In a rare move, the Ga Supreme Court reversed itself in an identity fraud case. The case centered around the rule that crimes had to be filed in the county in which the crime occurred.

In the 21st century, victims can suffer crimes at the hands of miscreants virtually. A schmuck in NJ or Alabama, or even the next county over, can steal your identity or raid your bank account.

Instead of fighting to change the state constitution to take into account the advent of computer crime, Ga. Attorney General Thurbert Baker and all 49 of Georgia's district attorneys begged the court to ignore the constitution and basically rewrite the law.

This is uncalled for. It should be an easy thing to pass an evolution of our state constitution to account for virtual crimes and where they should be filed.

First of all, had the District Attorney done the job correctly, the case could have been filed properly, easily prosecuted and the Ga. Supreme Court could have been prevented from soiling itself in this manner.

Instead they interpreted the constitution to fit the times instead of requiring the constitution to be further refined.

Kudos to Justice Harold Melton, who authored the original decision protecting the state constitution "Without a doubt, identity fraud is a growing crime and many have analogized it as a plague on our computer-driven society. As the crime evolves, our manner of dealing with it must evolve as well, but, as always, this legal evolution should occur within the framework of our constitution."

Shame on Thurbert Baker and the justices who thumbed their noses at well established constitutional law.

Predicatbly, I'm not on the same page with many Georgians.

I hope to see the state of Georgia undertake an initiative to account for the difficulties of prosecuting virtual crime within our constitution.