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Biden’s SCOTUS nominee once argued judicial system is ‘unfair’ to sexual predators

Jackson argued the unconstitutionality of certain preventative measures adopted as common practices by state governments and applied to confirmed sex offenders.

Per the Harvard Law Review article “Prevention Versus Punishment: Toward a Principled Distinction in the Restraint of Released Sex Offenders,” she argued that America’s judicial approaches might be unfair to sex offenders.

“This Note critiques current judicial approaches to characterizing sex offender statutes and suggests a more principled framework for making the distinction between prevention and punishment,” Jackson wrote in the piece.

Jackson maintained that “even in the face of understandable public outrage over repeat sexual predators, a principled prevention/punishment analysis evaluates the effect of the challenged legislation in a manner that reinforces constitutional safeguards against unfair and unnecessarily burdensome legislative action.”

SOURCE

35 thoughts on “Biden’s SCOTUS nominee once argued judicial system is ‘unfair’ to sexual predators

  • March 2, 2022

    Here are some of the nasty comments being said about her on an AOL story. I have removed the User names just so I am not called out, for “Outting” anyone.

    *We are not the only ones who get hate comments

    Once again diversity and inclusion and not the best and brightest.

    Reply

    4

    4 minutes ago

    SCOTUS JUSTICES traditionally sit silent and still during the SOTU address, as an INTEGER of the NON-PARTISAN ROLE they serve. But PUDDIN’HEAD put PINNOCHIO BREYER on the spot and revealed BREYER to be the LEFTIST POLITICAL PUPPET that he is. (Even BREYER’s body language suggested how UNCOMFORTABLE and INAPPROPRIATE PUDDIN’HEAD’S call-out was for someone in BREYER’S POSITION.)
    Time for you to GO, PINNOCHIO! PUDDIN’HEAD SAID SO!

    Reply

    5 minutes ago

    When it becomes a race thing, and it will, it will be because the Democrat media is obsessed with her skin color, not Republicans. Perhaps a precursor to Kamala Harris running to be president. Vote for Kamala or you are racist, even if you aren’t a Democrat, and especially if you aren’t.

    Reply

    6 minutes ago

    Another racist affirmative action nomination

    Reply

    8 minutes ago

    Another racist endeavor by Dems.

    Reply

    Reply
    • March 2, 2022

      CherokeeJ…AOL is still Around?????

      Do You Still Hear The ‘Dial-Up Sound’ When Connecting?

      Wow…You Must be Slightly Older Than Me!

      Ha!

      Reply
  • March 1, 2022

    Said it before and will say it again even if it does not get posted. Which party you vote for matters.,

    Reply
    • March 2, 2022

      G

      I vote for politicians who put country over party, truth over fiction, Constitution over public opinions, calls a spade a spade, has character and compassion for fellow citizens. If not it’s all window dressing and I’ll never vote for the lesser of two evils. I’ll never sell my soul to the Devil.

      Reply
      • March 2, 2022

        Brandon

        Would you care to share your favorite President and why? Mine was Reagan. He had a way of bringing both parties together, yet being tough when needed. He was instrumental in uniting the 2 Germanys into one and even took a bullet during an assassination attempt.

        Reply
        • March 2, 2022

          CherokeeJack

          I’ll have to think about who my favorite President is and why. I have a few; however I don’t want to risk my comment becoming political and off topic. Can I send you my response telepathically? Tell me at what time do you face the north and I’ll go from there.

          Reply
          • March 2, 2022

            Brandon

            I never try and think politically. I never mean to sound racist, mean, harsh, ignorant, etc. However, over the years I have learned no matter what we say, someone is going to get offended.

            Last year I put a Bible scripture in one of my posts. The next day someone had posted right under me with a quote from the Koran. I suppose someone thought me or someone else would complain. Instead I commented on his post stating that if he was on the registry, we have a cause in the same fight. I did respected that person’s freedom of religion as I hoped he respected mine.

            I do occasionally get mad when one of my post is not listed yet they allow people to come on here and leave comments about we all need to be murdered. I am not a softy at all but no other website in America would allow a post like that to be seen by readers. If FAC wanted someone to see that, instead us seeing it, maybe law enforcement?

          • March 2, 2022

            CherokeeJack

            I understand where you are coming from and even if I disagree with you and others I still respect your decision to be a part of this forum. We all have different political views, experiences, opinions, and we shouldn’t allow what divides us to be used to intimidate people on here. In today’s society people are to quick to be offended instead of asking why a person feels that way or just respecting another’s view. If we can’t stand together our lives will become worse.

            I answered your question about who my favorite president was and it wasn’t posted. It wasn’t offensive to anyone because I was making fun of myself. I know this forum shouldn’t go to much of topic; however it’s nice when we can batter back and forth even when discussing the registry and other related bills/laws. It’s actually nice to feel like a human being carrying on a conversation with someone in your shoes.

            Hang in there my brother from another mother we will get through this and always keep the faith.

          • March 3, 2022

            CherokeeJ…
            ..As A Young Lad During Culinary School, I Was With A Culinary Team That Prepared A State Dinner For ‘Win Just One For The Gipper’ And Ms Nancy!…The Jelly Bean Gelato Was a Hit!

            It Will Always Be A Memorable Event To Me!…Perhaps, you are ‘Slightly’ Older Than Me!..LOL!

          • March 3, 2022

            On that note, it would be interesting to know how much vitriol FAC spares us from in their moderation of these forums. I occasionally like to spar with some of the ignorant masses out there just to show how unsupportable their positions are. Logic and reason are on our side.

          • March 3, 2022

            CherokeeJack

            I agree with you about President Reagan even though I was in my single digits during his terms. He got the Berlin Wall taken down and the collapse of the Soviet Union. Hopefully the Adam Walsh Act will be be taken down and collapse into thin air. I’d comment more but I’d be censored for my opinion; yet as my grandma used to say, it is what it is and sometimes I have to say Uff Da.

          • March 3, 2022

            Brandon

            Sadly it looks like Putin has cashed in his pawn shop ticket and the Soviet union is being restored.

          • March 4, 2022

            CherokeeJack

            Putin is the gift that keeps on taking freedom. Are you sure he isn’t a US politician or is he in bed with them? I know on Sunday gas was $2.75/ gal and now it’s $2.95. I wish I would discover oil in my backyard and be the next version of Jed Clampett without the hillbilly.

            Brandon Clampett out

    • March 2, 2022

      I completely agree and I have brought this topic up atleast on one occasion.

      Reply
      • March 2, 2022

        While all politicians usually follow the lead of the voters (and is why educating all voters regardless of party is key), one party is clearly more criminal reform minded and less tough on crime minded. All I am saying is, it is pretty clear to me which of those two is more likely to be best for our cause.

        Reply
      • March 2, 2022

        Most of us in Florida on the registry have a lifetime ban on voting. Another way to suppress the masses. We are forced to pay taxes for services we are not allowed to use like parks and more.

        They know if all the ex-felons in Florida got to vote, there would be major upsets to say the least. There are organizations like Rock the vote dot org that have made some impacts on voting and the initiative in Florida to allow “Some” ex felons to regain their voting rights. However there are millions across the nation who may never be able to express their constitutional rights again if something doesn’t change.

        Reply
        • March 2, 2022

          Not to brag but I’m one of those few felons who can still vote. My adjudication was withheld for my SO. After my completion of probation my rights was restored. I think my 2nd amendment right was not restored but all the others was. However, now I’m a convicted felon due to my 2nd failure to register so my 2nd amendment right is definitely gone but I can still vote.

          Reply
          • March 2, 2022

            Tim

            Please, brag away. Enjoy your success. I am never mad when someone wins in life. It means there is a chance for at least some. If I had between getting to vote and getting off the registry, I would choose getting off the scarlet letter list.

            I never got a chance to fight the registry during my case, since no registry existed in Florida at that time. As I dwell on the fate of the Ukrainian people and their freedom, I remember the 9/11 attacks here and realize that we sometimes get too comfortable in thinking it couldn’t happen here.

    • March 2, 2022

      Thank you FAC for posting this . Politics has a major influence in our cause.

      And thanks again for all you do!! Without FAC life would be even worse in Florida for us Registrants

      Reply
  • March 1, 2022

    She gets it. If there was a time to call into your Senators and share your thoughts on her, then this is it.

    Here is the AAF’s media release on this matter: AAF INVESTIGATION UNCOVERS SCOTUS NOMINEE ARGUED THE JUDICIAL SYSTEM IS “UNFAIR” TO SEXUAL PREDATORS (https://www.americanaccountabilityfoundation.com/post/aaf-investigation-uncovers-scotus-nominee-argued-the-judicial-system-is-unfair-to-sexual-predators)

    “”In the article, Judge Ketanji Brown Jackson writes:

    In the current climate of fear, hatred, and revenge associated with the release of convicted sex criminals, courts must be especially atten­tive to legislative enactments that “use[ ] public health and safety rhetoric to justify procedures that are, in essence, punishment and detention. Judges should abandon the prevention/punishment analyses that rely on legislative intent, that routinely apply the Kennedy factors, and that assess the “excessiveness” of a sex offender statute’s punitive effects in favor of a more principled approach to characterization. Although “[a precise] analytical solution is almost impossible to construct,” this Note suggests that such a principled approach in­volves assessing the impact of sex offender statutes and deeming the laws “punitive” to the extent that they operate to deprive sex criminals of a legal right in a manner that primarily has retributive or general­ deterrent effects.””

    Here is the full 18 pg “Note” (PDF) she published in the Harvard Law Review: Prevention vs Punishment: Toward a Principled Distinction in the Restraint of Released Sex Offenders (I saved you the link length but you can see it at the AAF media release (where you could leave a comment on it like @Derek Logue did) or probably search for it online.)

    AAF sounds like a scorched earth policy place of thought. I’ll reserve judgement.

    I’m just going to throw this in here too for reading as you see fit: The Other First What it means to nominate a veteran public defender. (25 Feb 2022, New York, Intelligencer, https://nymag.com/intelligencer/2022/02/ketanji-brown-jacksons-public-defender-experience.html)

    Reply
  • March 1, 2022

    To: TruthandScience

    To be honest, from age 18 until I got arrested, I was a hard core Republican. After prison of course I couldn’t vote so it didn’t matter. Having said that, if I did get my voting rights back, I for sure would NOT remain a republican. Along the way the blinders fell off my eyes to the hate and division spread by a large number of control freaks.

    Here is a Quote I like very much from someone many of you may know

    ” We call our country home of the brave and land of the free, but it’s not. We give a false portrayal of freedom. We’re not free – if we were, we’d allow people their freedom.”

    Jesse Ventura

    He was neither democrat nor Republican by the way and Became a state’s Governor.

    Reply
    • March 1, 2022

      CherokeeJack

      Jesse Ventura was Governor of Minnesota and I actually voted for him. I got my butt chewed but I’ll never vote for a tyrant again. If a dirty politician can vote on bills all Americans should be allowed to vote and tell the tyrants to go to Hell on their lying brooms.

      Ps I hope someday you’ll be allowed to vote again. You may have out of the box views, however I respect you as a person even if I may not agree with you.

      Reply
    • March 2, 2022

      @Cherokee Jack

      I would encourage you and others in FLA and other states who cannot vote today to read up on the Freedom to Vote act (https://www.congress.gov/bill/117th-congress/senate-bill/2747) and use your 1st Amendment voice to express your desire to vote again with your elected FLA officials who work in Congress. Maybe you can speak to others who want to grant you the power to vote again but don’t represent you. You don’t have to go into great detail about you to get them to hear your desire.

      I know FLA restricts voting at the state level as witnessed by their voting restoration efforts of late, read online. Maybe this can be a way you, et al, can overcome that.

      Peace

      Reply
  • March 1, 2022

    Between her and Justice Sotomayor, we are potentially getting a SCOTUS voting block in our corner? Heck yes! Think positive, put those good vibes into the world, and hopefully it will happen! I recently read The Power of Positive Thinking by the founder of Guideposts and I’m trying to be more hopeful and not so negative.
    I was reading the works of some of the guys who made Florida what it is today, and a concept kept coming across: Perception is reality. RCs and their loved ones are often perceived, in Biblical terminology, as leprous, tax collecting prostitutes, in other words, the most outcast of all outcasts. Like all the worst of the worst rolled into one. The media portrays us that way. But occasionally there are those who stand by us and with us, those who don’t take the arrest report as gospel, who know us from before and are willing to hear our side of the story.
    I’ve feared reaching out to old friends and loved ones due to a fear of rejection, brought on by the already experienced rejection from friends both long and short time, and the fact that only two of my friends kept in touch during my incarceration. But I want to believe that there are those who knew the me from before all this who still believe in me, that the best parts of the me they knew are the real me, not my DC number or my mug shot. I am NOT my charges.

    Reply

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