Obligation

This newspaper editorial demands comment.

August 28, 2008 - "TROUBLING: Teacher acquitted in abuse case should be cleared in other areas" (from the Patriot-News)

The question of whether a Susquehanna Twp. High School teacher acquitted of sexual assault can teach again in Pennsylvania has been resolved.

But troubling constitutional rights issues remain in the case of James D. Frank.

Despite being found not guilty by a jury of his peers a year ago, Frank still had to fight for his right to teach, and he wouldn't have had a hearing until this month if he hadn't surrendered his teaching license for health reasons.

Despite the judge dismissing charges in one case and a jury acquittal in another, both the Education and Welfare departments continued investigations.

The system isn't perfect, and history shows juries and judges make mistakes in both acquittals and convictions. But the integrity of the system is contingent upon accepting their decisions.

There is also something called the U.S. Constitution. The Fifth Amendment states in part, "nor shall any person be subject for the same offense to be twice put in jeopardy of life and limb."

If Frank's case isn't in violation, it at least runs counter to the spirit of the double-jeopardy clause.

From the Patriot-News.

TT - our response can be found at the entry for Frank.