A Federal Judge Says the DOJ’s Sex Offender Registration Rules Violate Due Process by Requiring the Impossible
The U.S. Department of Justice has threatened to prosecute people for failing to register even when their state no longer requires nor allows them to do so.
According to Reason.com, “Someone who fails to meet these requirements and travels outside his state can be charged with a federal crime punishable by up to 10 years in prison. At trial, the defendant has the burden of proving that he was unable to register as required by the federal Sex Offender Registration and Notification Act (SORNA).”
A federal judge in California has ruled that this violates the constitutional right to due process.
U.S. District Judge Jesus G. Bernal wrote, the Justice Department “has done exactly what is forbidden by the Constitution: ‘to declare an individual guilty or presumptively guilty of a crime.’” Bernal continues, saying that the Department of Justice “subverts the procedural safeguards deeply rooted in our history and constitutional framework.”
The Alliance for Constitutional Sex Offense Laws (ACSOL) joined this lawsuit. Thank you, Janice Bellucci.
I’m glad this federal judge put the feds in check mate for unconstitutional abuses. Sure wish mine did.
If only this went somewhere.
Quite a significant win for the community! Sure, the injunction (in effect) is limited to enforcement of the new Rule in California, but it certainly provides support for similar filings in all districts across the States and Territories. Well reasoned.
And who knows, maybe enough Justices will soon retake “Non-delegation” and ban delegations of authority to Federal agencies to create new criminal penalties as in SORNA.
Oremus indeed!
Duh!, any idiot should have known that when the system was set up.
Maybe the registry may be eradicated soon. Let’s hope! I’m sure there’s quite a few of us who shouldn’t be on there. Law enforcement is wasting their time as well as our tax dollars.
I’ve been on it from day one back in October 31, 1994 in N.J. You will hear about me soon enough. I’ve been in Lee County since 1998 when they put a tier 1 on public record. They are just starting to understand Due Process.
Can’t the DOJ use resources fighting real crime and leave us alone.
Why are they making this a lifetime sentence?
Some of us are in fact innocent. Others did something they regret but it was a single incident which they have more than learned from the experience and pose zero threat to anyone!
In America 🇺🇸 it’s always been once you pay you debt to society you are given a second chance.
This treatment is inhumane PERIOD
I totally have made the same points. It’s about punishment, pain, Hating, self-loathing too. Facts di not matter, but we must gather and show up, fight, show who we really are, and rise above rampant Puritanism.
Are you in Va as I am?
Norman I’m in Virginia in the Shenandoah Blue Ridge area. And if a Federal Judge says its a Violation that can be understood in many ways. Sure one could talk about the Five spheres of Government, the Puritian laws, or those without sin in high places, or wickeness of government. Now Virginia is a Commonwealth State and what makes it different from any other state.
Nothing at all. One either fights for freedom or is freedom handed to one on a silver platter. For Civil rights, Moral Rights, Ones individual Rights, or ones true Justice in this whole registry scheme. We are all in this together or who in government is vain and blind in their understandings.
Governments should take note from this federal Judge as many on the registry are sick and tired of this mousetrap game of true liberty and Justice for all.
Lee
Second chance? Well let us see, I know one guy who had a murder charge and was released after his sentence. He then did a home invasion and went to prison. Released and robbed someone. The list is really long so won’t drag it out but I have lists of people who have been in and out of prison numerous times, and get a 2nd, 3rd, 4th ………chance after chance.
And we who have proven ourselves over the years, (32 years for me) that we are not a threat. But they just do not give a @%$#.
Of course they is anyone involved in the registry, implementation, enforcement, sentencing etc. etc.
Cherokee second chances are always good. Sure I will admit that the sex registry issue is a sensitive issue but so is murder, drugs and a few more things but authority ranks sex it seems at the top of their checks and balance understandings so who ways the understandings of a choke hold? Many never even touched a teenager.
Many have to applaud that judge out in California for his wisdom and understanding. If government doesn’t have a good checks and balance than they might as well be Roman’s.
I like that his name is “Jesus”
I like that he is Hispanic. In which the name ” Jesus ” is very common upon.
David
First off, yes we could say W.W.J.D and it still be proper related to the judge.
Second, I like that you have a Bible name as well 🙂
Not surprising, really, with the hysteria surrounding registered citizens. Here in VA, a subcomte on Friday advanced 7-0 out of subcomte HB 1687, which retroactively places on the registry those who were convicted of a sex crime between 1970 and 1994, regardless of whether or not they have completed their time and “debt of society.” The reason? As its patron, Del. Brewer said, one of her elderly constituents was victim of a home invasion and rape at the hands of a sex offender convicted 20+ years before, and the public “needs to know.” So, everyone else needs to be punished, too, apparently. I wonder where ACSOL, WAR, or NARSOL on that? Absent. I was the lone voice speaking in opposition, and the pro-punishment chairman called me out by my conviction in this public forum.
They have already passed out of comte another bill which requires anyone convicted of a sex offense to undergo mandatory STD testing. I’ll wager it includes those who committed no-contact offenses, such as those caught in stings with fictitious personae the police craft when they pursue people online. A bill making its way through the democratic controlled Seante appropriations comte, SB 853, would supplement by $2.5 million annually the Southern Va ICAC group if the spcial fund set up for them fails to deliver. Again, where are the great “National” organizations on this? Utterly derelict of duty and absent.
Maybe those groups don’t know about the legislation, have you brought it to their attention?
Maybe they don’t have the resources to fight. What are you doing to stop it?
Can’t expect everyone else to do all your fighting. This is not just directed at you, it’s a reminder for everyone reading this. Don’t complain, fight.
I’m working on a big fight right now. As there are a couple Expose Facto cases going I’m working on a Double-Jeopardy case that is set to start here soon. They don’t know what is coming. I’m trying to hook up with a few others in Lee County that have been here for more then 5 years who dealt with a specific Sgt.
Norman stood alone before the legislature, speaking out against bad legislation at his own expense.
Thank you for standing up and making your voice heard. The utter stupidity in these bills is mind boggling and shows these people really are not fit to hold office and make decisions on any subject matter.
I don’t know if you reached out to the organizations you mentioned and asked if they would send a letter. Or what, if any, organization like this you have in Virginia, but it would impossible for them to know otherwise I would think.
FAC focuses on Florida. All these organizations are volunteers and do remarkable work considering the limited resources. Perhaps they would cross over to send a letter on the behalf of VA, I don’t know, but what I do know is we are lucky to have the leaders in FAC that we do as well as the other organizations. Perhaps you can reach out to them and see how you and your advocacy can fit in with starting a group in Virginia or learn to help improve what group you may have there in VA. But please do not call these endlessly hard working people derelict of any duty. Not a good look.
I would say the most urgent thing for Norman is determine where the bill is in the VA Senate. If not yet out of committee, slow its momentum by contacting his own state senator about it. And send an alert to other members of NARSOL’s Virginia affiliate to do the same. Virginia state senators may not be aware that there is opposition. Get it killed before it gets out of Committee. And if it has another House committee to go through, same.
There are some ways national organizations may be able to assist, but when it comes to state legislation, it must be state constituents that must do the heavy lifting. A state senator won’t care about (and may be annoyed by) the opinion of a national organization, but they’re more likely to take note of constituents.
At least that’s how FAC handles it in FL. Notice that FL has had no new bad registration laws for the past four consecutive seasons. That’s due partly to the hard work of JZ and our Legislative Committee and the many in-state members who support these efforts. With luck we will one day have a better presence in Tallahassee.
MP, I have tried to form a group in VA. I am not new to advocacy and organizing, though hardly expert. But for those who all ready have platforms, who solicit donations, and provide little more than soothing words and a “Resources” page, and who are most equipped to get in the game, and who have salaries, are not volunteers. If you are running a national organization, like so many “justice” organizations are, you need to look at what these stings registry are doing and get in the game. I have seen none little action outside of a few of us, and no aggressive stance when it counts the most.
Norman is right to be frustrated. NARSOL’s website states that they have an affiliated organization in Virginia. Did they offer Norman any sort of support in his fight against this bill?
Norman
This was only allowed to happen because the registry keeps being ruled “Not punishment”. We are all basically on probation if you think about it. Going to the registry office 2 to 4 times a year is like going to the check in with you P.O. (And more trips if you have changes)
I will spare you and others the long list of probation like sanctions we have as we ALL live it everyday.
Yes that started back in 1994 with NJ Megans Law being Civil not Criminal. Here is a good link to see the Constitutional Litigation http://www.megannicolekankafoundation.org/nj_court_challenges.htm
It is so fresh and divine when a judge looks past our history and looks TO the law. Very few judges would go out on a limb and stick up for the law when it comes to sex offenses. Some get around that by continuing to remand cases back to a lower court.
I know the supreme court has more cases to hear than they could ever get to in a lifetime, and they have to pick and choose. But the fact you have a million citizens nationwide who have completed their sentences decades ago, but are being treated for life like a group of lepers who have no chance of healing.
Let us hope and pray for more judges like this who actually believe in justice, not just when it meets their agendas.
I meant to say and many have completed their sentences not all of them
I think they missed the part where justice and mercy are supposed to go hand in hand.
This sounds great! Seems like at least one judge is starting to see what we’ve been talking about for years. However, I’d like to know what, if any, would be the impact for here in Florida. I know it’s not a binding ruling but will that help in future litigation?
Might I add, what SORNA “attempts” to prevent, is also impossible. This law doesn’t do the public thinks it does.
The Florida registry failed again.
https://www.clickorlando.com/news/local/2023/01/23/brevard-county-teacher-arrested-after-trying-to-lure-child-for-sex-deputies-say/
And this case is different, though we do not know any facts than what the dishonest, cop-loving media shills tell us. It’s different because there’s a real kid, who got freaked out, and reported it to authorities, and then cops should have had the kid contact and make arrangements (not sure if it was done this way — doubt it, cops like to have their fun). All opposed to trolling for someone, approaching the adult, hinting or crossing the line to mention sex, then claiming the adult did it all and they just happen to be there to see it all unfold.
Norman
Your comment reminded me of something that happened here locally last week . A person probably a woman called 911 and made a report. She said “ a strange looking dangerous looking person rang her doorbell. She didn’t answer it. But watched to see what he was doing. He then walked around back of her house . He had what appeared to be a large ice pick in his hand. She doesn’t know what he’s doing. “
Next she tells the operator “ I’m now locked myself in the bathroom and am scared for my life , please send help immediately. “.
Come to find out it was a utility worker that needed to check her meter in back. Just goes to show the mind set of many people today. Anything in anyway that appears out of normal they immediately jump to conclusions that a grave crime is being committed. They look at everyone they see and immediately suspect they are evil and out to harm someone. They relate their worst fears to law enforcement and they appear with guns a blazing ready to be a hero. This is the world we live in. No wonder the US constitution is being trampled on ,on a daily basis with no respect for people’s rights or the constitution.
If you’re on the registry you are automatically a predator and a pedophile. If someone just sees you they run the other direction and call cops no matter what you’re doing if they don’t know ahead of time otherwise. The registry imposes unrealistic fear and suspicion on the public . With politicians and media continually using it to further their personal ambitions . Till it is stopped it will continue to get worse.
This is Brevard, where sex offenders supposedly can’t get within 1,000’ of school property, and yet a student was lured FROM WITHIN THE SCHOOL.
https://nypost.com/2023/01/23/janitor-accused-of-threatening-to-cut-student-into-pieces/amp/ And sometimes it doesn’t have to be sexual same county, for instance this dude threaten to cut a couple kids up on school grounds where the hell is list for this?
This was also in Brevard! A direct threat to children from the center of a county-designated Child Safety Zone.
Many years ago when Florida classified people Offender or Predator I asked where was my due process? I was told there is no due process. There is 2 process for an act, Criminal and Civil. They did way with needing to take Offenders to Civil court because they didn’t make it retroactive.
Allan
England did something similar to their convicts by sending them off to an island where they expected them to die I suppose. Instead they banned together and created a new country which now thrives. (Sorry to the Indigenous people)
My point is, England thought these people could not change and were worthless and sent them off to hopefully die. Instead they worked together (Over many decades) to start a colonly of cooperation.
Some great people come from there too. I have a meeting being setup right now so we shall see where it goes. 24 years on the public registry wrongfully. I mean it’s hard being on it I know, but to be placed on it when your not to be is another thing. Heads are gonna roll when they find out that I was screamed at about it when I tried to show her what 1993 Civil Due Process Judgement said they refused to honor. Can’t enforce Constitutional Law – unconstotutionally.
Yes this is great news, hopefully this ruining will have a positive view in the draconian Florida courts. Maybe even helping us get rid of this lifetime registry requirements one day.
The question i have is this, if California is successful which I hope they really really are, what does Florida gain? Were a lifetime state so no one would be forced to reregister like in California where one is eligible to be removed upon a certain amount of time so they can claim injury. I can see other states that offer registrants a path off also suing in this class action lawsuit and maybe being successful, so do you think even though Florida is a lifetime state this ruling could benefit us? I know every ruling no matter how small is beneficial to us
I ‘m just trying to see what this could mean big picture?
Eugene, it’s a good thought and nice sentiment, but this ruling is only persuasive. But that is not why this ruling will not set a president. In Florida you have to get passed the Republican legislature first and then past DeSantis next. Any ruling from a fed judge will just be met with a red wave of new laws being created. Florida holds the champion trophy for ignorance and stupidity when it comes to turning a blind eye to the US Constitution, and their own Florida Constitution.
Well, I’m to the point where I realize I have nothing to lose. It’s where I relax and say I’m going all out, with the expectation of nothing happening. I’ve forewent a career, family, a home, or any stability or illusion of stabitlity in order to fight this throughout the years. I’m officially broke. I ‘ve developed several mental illnesses as a result of this registry. I thought life was a dream, not real, because how could it be real if something like this was allowed to happen to me and everyone else. But it is real, and I’m not in a dream. This happened, and yes, people are that desperate to keep us down.
I have ptsd from being tortured by the governemnt under the guise of safety. I am deemed disabled but i have never been allowed recognition of why. Its been over a decade at this point and i can only question whetehr any of this is real. The educated just blindly repeat whatever they see hear on tv social media etc. There is no critical thought within the general population they have been conditioned to just react.
Suck it up an move forward. There as been people on this registry for more then 28 years already who have taken a lot of additional punishment wrongfully. We battle this injustice everyday at some point we will have justice in our favor. Don’t lose faith. We started out with 1172 people placed retroactively to almost a million in 28 years. These laws were not made to curb offenses. It was a big stepping stone by making any kinda registry constitutional.
Allan
I have been on it since Florida adopted it. Applied retroactively since my crime was nearly a decade before it was enacted in Florida. I know several on this forum who said they were not on it and were later told they now would have to register.
With them calling it civil, they are doing everything they can to put anyone still alive on it no matter when your crime occurred and a recent comment by someone on FAC stated some that have been released from the registry are being told they may be arrested if they do not register if they travel out of their state. (Prisoners in their own state?) So is that like a jail break by leaving state lines?
Further, I personally know(because of a ministry I follow) of at least two people who died that were on the registry still. Although upon a recent search, one of them is no longer on the list anymore but his DOC record is still showing.
I was placed on it retroactive also by the state of NJ where Megans Law started. I didn’t run from it, I fought to get the best outcome I could with being made an example of. Had I not fought, I wouldn’t have a leg to stand on today fighting LCSO and FDLE. I know I have 100% winning case against them but I will not forget to fight for all the people who have been wronged by these unjust laws today. When they give no ability to be removed off the registry with public notification on all levels might be where they should look for a loophole in unconstitutional laws. With that being said, I must also say I can’t fight against her law. Megan Nicole Kanka this child lost her life at just 7 years old from a monster authorities knew was going to do it again. That is why they catered to the mother. I know people who were in his ADTC group with him. We are being punished for their crimes not just his. ADTC was a treatment center as they call it. I thought treatment means that it is a sickness. Now Governor DeSantis wants to make it punishable by death? Now I have a problem with this…
The Sex Offender Registry Failed Them: 21 students sue 6 gyms in 7 states
https://www.npr.org/2023/01/24/1135145304/ex-students-file-12-sex-abuse-lawsuits-against-6-cheerleading-gyms-in-7-states
I know FAC resources are spread thin. And I don’t know what it takes to make websites or web pages. But maybe the FAC site should have a specific section for “The Registry Failed Them” posts. We can all contribute to the posts when we see news reports such as the ones posted here. Then a yearly report could be made about about the registry doesn’t work.
I’ve been doing that informally since last summer. I create a bookmark in my browser each time I see a news article regarding sex offenses or Amber alerts. I just wanted to get an idea as to the number of recidivist vs first time offenses there are. My intention is to have some evidence for later use in legislative discussions.
I’ve not done a deep dive into the marked articles so these are only my impressions. I don’t recall news articles about an SO reoffending. It is a sure bet that would be extremely prominent. The same can be said for stranger abductions. Amber alerts seem to be due to some non-custodial relative taking the child.
FAC does an awful lot on a thin budget and even thinner volunteer resources. To do it right would require developing some categorization scheme to produce meaningful statistics. That will take a lot of work. I’ve not done that and have only anecdotal impressions. It is a great idea to chronicle news articles. However a list is merely a list. Data and information are not the same things.
The Sex Offender Registry Failed Them: nearly 300 victims sue LA County over decades of sexual abuse by officers in juvenile jails
https://amp.theguardian.com/us-news/2023/jan/23/california-los-angeles-juvenile-center-abuse-survivors
California had a registry all along, and yet…
The most obvious example of it being criminal is that most of the provisions they have added throughout the years have not been retroactive. Aside from the markings on the DL, and internet identifiers, all of the laws have been “On or After” a certain date, such as the residency restrictions, and the 20/25 yr registrant pertaining to the case out of Polk County. Also, the juvenile registry, unlike the adult registry, was written as “any juvenile convicted on or after Oct 1, 2007”, whereas the adult registry was written as “anyone convicted on or after Oct 1 1994, or still serving sanctions”. How is it possible that this point has not been argued? Do I have to argue it? I can’t afford any more attorneys at this point.
The ex post facto lawsuit maybe posted a year ago showed all the stipulations they have added over the years, it is being argued it just hasn’t successfully been argued yet. FAC lawyers just recently were able to overcome the B.S. statue limitation claims and will now go to court in a few months to prove its punishment.
They will stonewall it for as long as they can for that crap. Far and few judges willing to streamline this injustice today. Even putting it blunt in their face punishment they say they don’t see it.
‘They will stonewall’ except they most recently ruled in our favor.
Yes the courts did. I don’t know the facts on these 2 Expo Factos cases I just hope they do have a good outcome. Here is the Federal Constitutional Law. Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution. Now I’m sure Florida has something in theirs also. Here is what can become an issue. The registry is not criminal it is a civil matter. An ACT can have 2 Due Process, 1 criminal and 1 civil. Until you have had civil due process can they enforce any law on you until you have a civil judgement date? They may have to take an offender back to court for a Civil judgement unless they already have one like I do from New Jersey. Here is the Federal Ruling. United States, 409 U.S. 232 (1972), the Supreme Court held, “Congress may impose both a criminal and a civil sanction in respect to the same act or omission, for the Double Jeopardy Clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense.” Yes, I have been working on a case that LE has feared would happen.
Anyone pursuing a constitutional challenge, I would urge them to stay in touch with FAC’s Legal Committee. Don’t fight this alone.
It’s above Constitutional challenge as it has already been ruled on by the courts all the way to the 3rd circuit where it all started in N.J. The laws they are enforcing were created way after my conviction. I’m a NJ Megans Law retroactive Tier 1 that is a B52. Crazy as it sounds this is what it all means. Retroactive- I was convicted in 2/93 placed on registry when I was released on 2/95 pending constitutional law. Tier 1 – Not for Public Notification. This Judgement was on 3/96 the Fed law wasn’t created until 5/17/96 B52 – B is for before the Attorney General Janet Reno stepped in with her 2 cents taking the burden off the offender an placing it on the prosecutor. ( We retros were all tiered by then ) The 52 is I am one of only 52 who challenged the prosecutors assessment and won a tier reduction by the courts. I need to find away to get with people who have had dealings with a Sgt. In Lee County here in FL.
so basically what this is coming down to is
there is no more 10 25 LIFE so after you have done your tour of the registry the feds now want to put a person back on it?
The Feds haven’t said that, no.
thank you Jacob
this entire nightmare makes no sense at all
as for a person commented PTSD that is a true statement
cause after a person has been off for many yrs (18) and put there life back together and built a good reputation and a family life. the government wants to rip that away from a citizen with double jeopardy after completion of the requirements of the reg.
and that’s not punishment? putting them back in the 1960s Era of MLK and segregation and the destruction and the stigma of a 2nd class citizen.
was also reading as well a withhold/deferred sentence/Alfred plea is still considered a conviction under federal laws
I have often thought if all of the over 1 million registered folks got together and formed a human chain and blocked major intersections until there was change, we might get heard.
Then I remembered several points. Most of us what to stay out of the lime light. Secondly we would probably all be arrested, unlike others who are allowed to protest, we would most likely be deemed causing a riot or disturbance. Even if charges thrown out, we would all have a new arrest our records.
To be clear, I do not fear for myself, I fear for my family, that is why I stay in the shadows. I am going through a huge fight with my neighbors now due to Nextdoor outting me. People who have known my family for 40 years now what to slice our tires, they throw trash in our driveway and more.
The few neighbors who stood up for me have since given up because they are now being attacked for standing up for me. All this for charges for something that happened 33 years ago.
https://www.law.com/newyorklawjournal/2023/01/27/biden-taps-retired-albany-city-court-judge-for-doj-sex-offender-management-post/ Came across this yesterday this is what I got past a pay wall: Biden Taps Retired Albany City Court Judge for DOJ Sex Offender Management Post
Former Judge Helena Heath said it’s an opportunity to have a meaningful and impactful role in using that particular law to protect individuals from sexual abuse.
President Joe Biden appointed former Albany City Court Judge Helena Heath to a U.S. Department of Justice role assisting criminal justice professionals on their sex offender management activities, effective on Monday.
Heath, who has 33 years of legal experience in public service, will direct the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). Thought it was interesting what’s going on.
Cherokee Jack and others
here is something that is real…I can bet my life there isn’t 1 registered citizen who dont wake up EVERY morning with some kind of thoughts of being on the registry or former member of the club. that is called PTSD I’m former.18 yrs and I still to this day the thoughts are ALWAYS in my head.
either the knock on the door from LE or a neighbor trying to do some kind of harm or retribution or some new law or legislation to create more drama and PTSD in the head.
Now we know or government pays veterans some not all depending on the degree of the PTSD
here is what I’m driving at there are 1 million members
we ballpark the number of family members and children
Ill go 1/2 so 500.000 (on the lowside)
using the figures of 1.5 million ppl affected by the PTSD
yes children and family members deal with some sort of PTSD from the registry directly or indirectly
a civil suit filed against the the US government for unwarranted PTSD due to harm and threats and anything else a attorney could toss in. 1.5 million cases of PTSD the government created
due to civil rights violations just sayin its proof that the registry hurts more families then it protects
civil suits pay damages more motivation of the person with nothing left in life to come out and stand up
Jacob
here is something now in Iowa
trying the same thing the feds did
https://www.legis.iowa.gov/legislation/BillBook?ba=HF77&ga=90
hey Jacob – So are the feds putting people back on the registry or not??? Because I didn’t understand your answer to #experienced
Feds have not put anyone back on the registry, to my knowledge.
And part of the aim of the CA lawsuit is to ensure they don’t even try.
The article states that DOJ has ‘threatened to prosecute people.’ Well, yes and no. The ‘threat’ is that they have issued regulations. Plaintiffs in this suit are trying to make sure that the DOJ never gets a chance to enforce those regulations on former registrants and others.
what’s good about that is that many states have changed their laws regarding the registry, and North Carolina is one of them. They had to reclassify everyone basically, and even out of state registrants at that. When you go to register, you have a right to elect a court hearing to determine if your case falls within NC’s definition of a crime that requires registration.
Florida did that here back in 2002 I think it was. I remember when the Deputy came here an told me that they had classified me as an offender. I was like okay well where is my due process? He said there is no process you are what we say you are. That’s when I knew they don’t have a clue what they are doing.
Eugene V. Debs
not really picking up on this or understanding your comment cspt looks like looks likeverone is giving each other a high 5
anyway here is a different link to that
Free https://www.law.com/nationallawjournal/2023/01/27/biden-taps-retired-albany-city-court-judge-for-doj-sex-offender-management-post/
Experenced ,
I just thought it was interesting that Bidden just appointed this retired judge to head up the S.M.A.R.T office post. We have a partial injunction in California involving a Fed vs State registration issued just recently maybe just is just something to watch. And this new lady is appointed to head up the group they just might be wanting to move in a new direction on policy, I really doubt it tho if the person she replaces is just going to be the deputy director. It could just be a random hiring event. I thought it kind of would tie into your question about the Feds coming back for people who had did their time. With maybe SMART wanting to move into a different direction. From the few articles I could find it just looks like a typical job vacancy post hiring, so just disregard my comment.
Eugene V. Debs No thank you very much for your thoughts and input on your comment Im older had TBI back in my 20s and the residuals of it are catching up quickly comprehension thought process and seems dementia is not far behind.
dont want to spend my so called last yrs of life in the streets or tent city due to the feds wanting to destroy more life then it intends to save..
Had another thought come to me too. and was wondering the what ifs. war breaks out and now the Gov. says we are low life’s yet when it come time to fight “there” War im sure the younger generation of the registered persons club will be the 1 ones to hit the front lines ,
basically following the same 60s Era of the black man the former 2nd class citizen’s
Unfortunately, ex post facto suits can’t be won by explaining the constitution to the court. There must be clear proof that the registry provisions are purely punitive, that they have nothing to do with re-offending or public safety. And to make that argument requires the involvement of expert witnesses. These experts are expensive, which is why it’s fortunate that FAC raised so much $ for its ex post facto challenges.
Well it is punitive when you have a judgement that says not for public notification an they still made it public by using a constitutional law that was created after the judgement.
No. A judgement is not required to enumerate every future administrative regulation that one will be subject to. Unless that administrative regulation is in fact nothing more than a punishment. Which must be clearly proven. Which cannot be clearly proven without prudent use of costly expert witnesses.
It shouldn’t be this way, in my opinion, but my opinion is not what matters, not yours, but the courts’.
That’s why FAC’s EPF challenges are being argued in the way that they are.
Pointing out to the court that a regulatory scheme wasn’t contained in the judgment order, won’t be sufficient to prove in court that that regulatory scheme is in fact just punitive. Even when you and I are absolutely convinced that that’s what it is.
Folks’ll get mad at me for pointing this out, but I’m just the messenger.
@Jacob. You can never say never anymore, even when common sense tells you it’s not.
Jacob
What is unfortunate is, some judges (Being human) have their own ideas, thoughts and agendas. You could blind poll 20 judges of equal authority on an issue and you could get 20 different opinions.
Too much emotion goes into rulings about sex offenses. My judge basically gave me a sentence equal to committing a murder. It took me several years to win an appeal. By that time, I only had 6 years left of a 25-year sentence.
You cannot tell me some judges already know what they are going to rule even before hearing your case. Before I get moderated or censored, this is my opinion and also not all judges are like that.
My proof of that is, if I was not over sentenced, why did an appeals judge cancel the remaining sentence when the original judge denied me 3 times, even after staying out of trouble and doing 75% of my sentence.
Even some of the best superstar lawyers do not always win. Lawyers who claim to only win do so by only taking cases that are a slam dunk like an elderly lady getting hit by a city bus.
Yes, my date was a bit off. I was thinking about the year that I took a plea. As far as the Oct 1, having that date stuck in my head caught me a FTR charge, because I forgot it was the month prior and I was thinking it was Oct. Now, I can’t get off the registry supposedly. Even though I have pointed out another flaw in their wording of the law, saying that if you are convicted of any felony or misdemeanor offense, you are not eligible to be removed. Well, I’ve pointed out to several people now, that failing to registry can, in no way shape or form be considered an criminal offense. You are not going on any kind of offensive, at all. It can only be considered a crime. If they(law enforcement and prosecutors) want to nit pick words in statutes, why can’t we?? Nonetheless, I condemn the registry and everything it is about. There is no way that you could not convince a neutral jury or judges that it is a punishment. Anyone would agree. They turn their heads because they answer to no one. It’s disgraceful and ugly of them.
Mike
Just to add to your point. An example is the law in Missouri if you’re on the registry and you are arrested for anything you are automatically put on a tier 3 , which is for life. You don’t have to be charged with anything or convicted only arrested. Even if it’s falsely. Just another way to bump up the figures and incarcerate more people on a registry which is like prison without bars or free meals.
Wow, I heard MO was tough but I didn’t think that could be done. That should be challenged in Federal Court because when you have a civil tier level done by the court on that ACT they can not exceed the tier level. It’s called Burden of Proof an the state would have to show the court that you have become a higher risk. That would be a tough fight for them with just any arrest. I mean if you are arrested within that time, then yes they can enforce a life registry if that is what your CIVIL judgement states but increase it might have to be done by the courts.
We have not one but two ex post facto cases being litigated as I type this.
I’m actually fighting this right now with Lee County an they know they don’t stand a chance so they are passing it off on FDLE. Your date is a bit wrong it is Oct. 1, 1997 unless you had to register in another state then you must register in Florida. Problem Florida has is that people from other states had Civil Due Process that specifically states Not for Public Notification an they just made it public anyway. Their problem was this Civil Judgement was on 3/25/96 58 days before the Federal Amendment of May 17th, 1996 allowing the states to make their registry public record. They are enforcing laws that were created way after my conviction.
The following commissioners will be term-limited next year:
John Tobia
Rita Pritchett
Kristine Zonka
At the risk of sounding partisan, I say good riddance to these clowns, and let’s hope they figure out a way to make an honest living rather than seek higher office where they could do more damage.
Creating demons from a few high-profile, admittedly heinous, crimes in the 80s and 90s made it prime material for politicians to fan the flames to get the votes.
MADD did more for public safety than the sex offender registry!
One theme to the offender rehabilitation I went through after prison was that almost every…single…man had childhood trauma or bullying that created an environment where the individual did not develop socially/emotionally or was abused where their actions later in life were a learned experience from the past. If you want to stop having so many sex offenses, then don’t worry about those who have already fallen to those psychological illnesses. What they need to do is change it from a registry of sex offenders to a registry of the juvenile delinquents and bullies who are ultimately responsible for creating childhood victims who grow into maladjusted adults who don’t know any better or have the skills from a healthy upbringing to know right from wrong and how to have healthy relationships. That’s God’s honest truth that needs to be aired out to the public.
The registry failed again:
https://knewz.com/female-teacher-missouri/
Meanwhile,
New Mexico lawmakers propose bill to chemically castrate pedophiles as parole condition
https://www.foxnews.com/politics/new-mexico-lawmakers-propose-bill-chemically-castrate-pedophiles-parole-condition
They been threatening this for years. When these laws started they wanted to make that a part of the registry.
City of Debary that has been in the news in the past for strict sex offender ordinances, just had one of their former council members get arrested for sex crimes. Irony.
https://www.msn.com/en-us/news/crime/former-debary-councilman-one-of-two-volusia-county-men-charged-with-child-sex-abuse/ar-AA16MivV?ocid=msedgdhp&pc=U531&cvid=78fe3e8c36a2455cbe4cce0603d7e97f
I would like to know whether this councilman ever voted in favor of a sex offender ordinance.
Jacob
That my friend, I cannot answer. I know as much as the article printed depending on how much coffee I had the day I posted this LOL
should be a public record
Check out another article linked in this one re: the “one man cyber cop.” Basic fluff piece patting the guy’s back for his ability to text like a teenage girl. I dropped a comment, but doubt it’ll be there long.
I just added a comment to your comment. I’m sure we hear from the yahoos soon.
The registry fails yet again:
https://www.wesh.com/article/tillis-pest-control-molestation/42672853
For Cherokee Jack and everyone else instead of scrolling down and I put my answer here. The way to fight this is the way that nobody wants to come out of the Shadows man up be honest and hold them accountable for the same so-called Republican values of individual rights and doing your time and constitutional principles and all the rest. Don’t block intersections show up in the state house and fill the gallery fill the floor protest directly gathered together and go door to door during elections and educate the public about what they do to people and how unjust and unfair it is how low the recidivism rate is and all the rest. But all they do is yak and complain and that won’t get you anywhere
I will be coming out of the shadows as you say. This week I have meeting with authorities to bring out a very big injustice that has been done. It is why I’m trying to contact anyone who lived in Lee County during the time that Sgt. Booth ruled over us. I need to see if she told anyone else to move out of her state. Yeah, She had to get me to move because I was not to be on the public side of the registry an they did. She doesn’t know who she messed with, I’m a NJ Retroactive, B52, Tier Level 1 sex offender. It may not make sense to you but they are screaming thier laws are constitutional. Issue is you can’t enforce constitutional on people who were convicted before the laws. The State of NJ was able to place people retroactive under the civil side with “Due Process” That is the Tier Level 1 Not for public notification. 24 years because of the threats of punishing me to the fullest extent of her laws. right after she said a list of new laws of 3rd degree felonies. If I didn’t like it MOVE OUT OF MY STATE… Yep, she sure did say that. It’s not the laws we need to go after it’s these deputies who get a wild hair an then they take the authority to their heads an add punishment.
It’s not just Republican law makers, Democrats have screwed us too. They are all politicians.
More Law enforcement doing what they want to do and not what they should do. More good ole boy, bag em and tag em mentality, Even if they are not on the wanted list. Lawsuit pending.
https://www.msn.com/en-us/news/crime/brevard-county-sheriff-sued-for-wheel-of-fugitive-defamation/ar-AA16UOTT?pc=U531&cvid=1177f242e0824d6b925f37181e2523b8
Logue is everywhere, I can tell by his writing style. Glad to still have you here, Derek.
That’s not me. I’m me. I think. Hard to tell these days.
Yeeeeeah. It don’t matter. I’ve wrote responses and answers to my own replies. It’s all about spreading knowledge.
FAC
I have not received any updates or posts since Jan 31st. Is everything ok?