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bindy View Drop Down
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    Posted: Jun 23 2014 at 11:36pm

Man's plea deal includes vasectomy requirement

Associated Press 
By LARRY O'DELL7 hours ago
This booking photo provided by Shenandoah County police shows Jessie Lee Herald. Herald has agreed to have a vasectomy as part of a plea deal in a child endangerment case. Shenandoah County assistant prosecutor Ilona White says she believes the unusual condition is appropriate for Herald, 27, who also pleaded guilty to hit and run and driving on a suspended license. She says she came up with the idea after reading a transcript from a previous case in which a judge expressed concern that Herald had fathered at least six children with six different women. (AP Photo/Shenandoah County Police)
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This booking photo provided by Shenandoah County police shows Jessie Lee Herald. Herald has agreed to …

RICHMOND, Va. (AP) — A Virginia man who has fathered children with several women has agreed to get a vasectomy to reduce his prison term by up to five years in a child endangerment case that has evoked the country's dark history of forced sterilization.

None of the charges against Jessie Lee Herald, 27, involved a sexual offense. Shenandoah County assistant prosecutor Ilona White said her chief motive in making the extraordinarily unusual offer was keeping Herald from fathering more than the seven children he has by at least six women.

"He needs to be able to support the children he already has when he gets out," she said, adding that Herald and the state both benefit from the deal, first reported by the Northern Virginia Daily.

Though Herald willingly — if reluctantly, according to his attorney — signed on to the deal, the agreement immediately calls to mind the surgical sterilizations carried out in Virginia and dozens of other states during the 20th century under the discredited pseudoscience called eugenics, said Brandon Garrett, a University of Virginia law professor.

"This takes on the appearance of social engineering," said Steve Benjamin of Richmond, past president of the Virginia Association of Criminal Defense Lawyers, who said he has never heard of a case like Herald's.

Some 8,000 people deemed genetically inferior or deficient were forcibly sterilized in Virginia from the 1920s to about 1970. Many other states also had eugenics programs but abandoned them after World War II when forced sterilizations became closely associated with Nazi Germany's racial purity efforts.

The movement resulted in the sterilization of tens of thousands of people, primarily the mentally disabled, minorities and the poor. North Carolina, the lone state to offer compensation to victims of its program, is allowing people until June 30 to apply for such payments.

Herald's attorney, Charles Ramsey, and White, the prosecutor, disputed any suggestion that the plea deal for Herald, who is white, has similarities to eugenics.

"I would never agree with that line of thinking. That was nowhere in my thought process," White said.

Said Ramsey, "I understand the comparison, but I don't think it's fair. That's kind of exaggerating it."

Herald, of Edinburg, was sentenced this month to one year and eight months in prison for child endangerment, hit and run , and driving on a suspended license in a crash in which authorities said his 3-year-old son was bloodied but not seriously hurt.

The agreement requires Herald to undergo the operation within a year of being released from prison and prohibits him from having the vasectomy reversed while he is on probation.

Herald will have to pay for the vasectomy, which can cost from a few hundred dollars to more than $1,000. Ramsey said the reason for giving his client a year to get the surgery was to give him time to come up with the money.

Charles Herald said he believes his nephew, who has worked as a roofer and in a poultry plant, has financially supported at least some of his children. But he could not say exactly how many there are.

"I don't think even he knows," Charles Herald said.

The Shenandoah County Sheriff's Office declined a request for a telephone interview with Herald, who is in the county jail.

Ramsey said he had an ethical duty to pass along to his client the prosecutor's highly unusual plea offer.

"It was not a no-brainer for him," Ramsey said. "It was a difficult decision. I had some reservations as well, but I don't want to get too much into my opinion of it because it's not my decision."

Benjamin, who said he was speaking in general terms and not about a specific case, said a vasectomy simply should not be a factor in plea negotiations.

"Sentencing conditions are designed to prevent future criminal behavior," he said. "Fathering children is not criminal behavior."

Said Garrett: "There's a question whether certain options should even be on the table."

http://news.yahoo.com/mans-plea-deal-includes-vasectomy-requirement-191927115.html

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naturesgift View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote naturesgift Quote  Post ReplyReply Direct Link To This Post Posted: Jun 23 2014 at 11:40pm
damn! that's crazy I really hope this is NOT A TREND! this has to be unethical
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thewonderfulwa View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote thewonderfulwa Quote  Post ReplyReply Direct Link To This Post Posted: Jun 23 2014 at 11:42pm
Well they are are not forcing him its his choice if he wants to reduce his time.
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Post Options Post Options   Thanks (6) Thanks(6)   Quote rickysrose Quote  Post ReplyReply Direct Link To This Post Posted: Jun 24 2014 at 12:10am
when they have systems and institutional processes in place to put a disproportionate number of black men behind bars for extended periods of time (compared to other races for the same crime)

this is very dangerous ... coming right on time, with the fear of unbalancing the white majority 

We can't fall for this
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maysay1 View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote maysay1 Quote  Post ReplyReply Direct Link To This Post Posted: Jun 24 2014 at 12:22am
Good. Plea deals often are much more ridiculous.

Get multiple DUI's, license revoked.
Multiple malpractice suits, can't practice medicine.
Multiple write-ups, get fired.
Multiple abuse charges, get your animals/children/elderly relatives taken away.

Actions have consequences. People should have the option to not continually f*ck up the lives of innocent children.

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Post Options Post Options   Thanks (3) Thanks(3)   Quote Benni Quote  Post ReplyReply Direct Link To This Post Posted: Jun 24 2014 at 2:15am
   

Even though the Law is archaic, I can't honestly say I disagree.

This guys seem irresponsible and the State and it's citizens is left to support his children.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote newin2009 Quote  Post ReplyReply Direct Link To This Post Posted: Jun 24 2014 at 8:53am
Originally posted by Benni Benni wrote:

   

Even though the Law is archaic, I can't honestly say I disagree.

This guys seem irresponsible and the State and it's citizens is left to support his children.

 
I agree.
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mizzsandra00 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mizzsandra00 Quote  Post ReplyReply Direct Link To This Post Posted: Jun 24 2014 at 11:25am
Should happen more often.....reproduction is a right many people just don't deserve.


Yeah I know.....sounding like Maysay......but its true.....
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