Is the Tide Turning Against Public Sex Offender Registries?
On June 8, the American Law Institute, arguably the most prestigious non-governmental law reform organization in the country, concluded its national meeting.
One of its agenda items was to have its thousands of elected members—top federal appeals judges among them, who enjoy lifetime appointments after being confirmed by the United States Senate—vote on a draft of the revised chapter of the Model Penal Code for sex crimes. The Model Penal Code, first codified in 1962, helps guide legislation as well as interpretative decisions by courts.
ALI’s membership voted to approve the most recent draft, which included seismic proposed changes to state sex offender registries.
Perhaps most importantly, the approved draft states that these registries should be limited to law enforcement access for law enforcement purposes, as is the case in virtually every other country besides the US.
Currently, the identifies of people registered as having committed sex crimes can be searched on public online databases, along with a slew of other data including their home addresses. The rationale for this has been that it enables parents to make informed decisions about who their children can interact with. But it also means that exile, extortion and vigilante violence are often perpetrated against people with such convictions, and even their family members.
Today, Supreme Court jurisprudence still holds that public registries of this kind are not “punishment,” though lower courts are growing more skeptical.
We can only hope. I still expect to see FL County Sheriff Departments to foster laws like residency, driver license, and other restrictions. Shackleton made it out of Antarctica alive, and I intend to survive Florida.
When you do a back ground check a person’s arrest record is a part of that. So to say people who do background checks won’t know is BS. Not to mention you can go to any Clerk of The Court and enter a person’s name and see their record. For free.
Second this comment. Criminal background checks are not difficult. Even a law enforcement only special “list” is redundant. Trying to argue that the registry itself is not added punishment is an outdated argument considering all the additional conditions that go along with being on the list since it’s inception.
Background checks by land lords will still occur. But having no public registry will take public pressure off land lords when renting to people with criminal records. Abolishing the public registry is an obvious first step. The next step is to abolish strict liability and require judges to consider intent and mens rea.
Mark
Out of the long list of punishment arguments we have, not being able to live in certain places is for sure a biggie. Most don’t do background checks and even if they do, might over look if you are not on registry. More pressure on owner when others can just look at the internet and go beserk when they find out someone on the registry just moved in.
Supposed to be for public safety but just admitted, the publics safety is more important than our in their opinions (They worded it different but exactly what it means if you read it.
Housing is almost as essential as food. If it was not for my parents when I got released, I would have ended up in the woods.
Even without the registry, you’ll still come up with a felony when a landlord does a background check. I’m 100% against this crap of landlords worrying more about your past criminal record than worrying about if you’re able to pay the rent based on the credit check and previous residence check they do.
This is a first world country ffs! Why are we contributing to homelessness!? This is something that should be challenging in court for ALL people with a background, not just those on the registry.
Maestro
I had several renters who told me if it wasn’t for the registry, they would have rented to me as no one is going to take the time to go down to the court house, look you up then complain to me for renting to you.
But, with the registry, anyone with a phone can type in your address and get an entire page about you and your crimes if you are on the registry. Not sure how not being able to find housing because of that is not punishment?
I told that to a judge once and she said “There are half way houses you can go to”. I replied ” No maam, they do NOT take us in”. She then dismissed my concerns and told me to work it out with my attorney,she had other cases to hear.
Basically she was telling me “I don’t care where you go but you got to get out of my courtroom, NEXT case please”.
CO Appeals court Justice Webb once opined, in the appeals court case which the CO Supreme Court just ruled on about repeat minor offenders and their lifetime registration, people who see the registry need to be able to draw their own risk assessment about those on it.
Using a scientific term with a non-scientific and ignorant populace who would not know how to draw up and execute a risk assessment other than by observation. I once thought my neighbor was a risk to do something stupid because he was an ass, but I could not base that on anything substantial a court would regard as valid.
Registries need to be stricken altogether.
Once a debt is paid the punishment should end and restoration begin. What is to be gained from punishing someone for life if that someone has taken corrective act, paid the price, and is trying to regain respectability in the community? These registries also punish families. Where is the sense in all of this? What am I thinking? These registries are not punishment. Of course that assumes that sense is in many of the laws in our nation today. I see now that anyone 6 years and younger cannot be arrested. I’m amazed they even had to pass such a law. If a parent or a school official can’t handle a 6-year old then this nation is more screwed up than I can ever imagine.
FAC you just may be 100% right on that. In fact the very word they used against me was the word “Action” or how many people are naked today. I would say everyone that doesn’t have any wisdom and understanding myself included. See the bible says who know’s the thoughts and intent of a person in this show and tell text con game ruse.
There use to be a game show on TV way back when called. “To tell the truth” now the bible says we all lie. Are their differences in lying? Are their differences in swearing and false swearing? Why do you think they took the bible out of the courtroom? or do they still have a bible in the courtrooms today in some remote cyberspace, or do you promise to tell the truth the whole truth. Who is judging fairly or rightly or doing a miscariage of justice.
So if actions’ speak louder than words than who’s in denial. I’m in denial because I did not sign that paper saying I was talking to a teenager and I’m sure everybody goes thru the same process. That paper that if you signed it signs your life and rights away. And yes their are other methods they use such as the violations and being home at a certain time, things of that nature. I even wonder if they still have bed checks today.
Talk about Hogan’s Hero’s or who’s piecing all this together to make wsome sense out of this lame type of justice for many or how many people are guilty for running a caution light or red light.
Two years, probation. Ruined my 40’s, Destroyed my 50’s, turned my 60’s into hell with America dont give a dawmn
Maybe Chris Hansen from to catch a predator can tell us . He loves entraping people. Now he is under arrest
https://www.msn.com/en-us/tv/news/to-catch-a-predator-host-chris-hansen-arrested-after-not-turning-over-sex-trafficking-video-evidence/ar-AALK0Ad?ocid=msedgdhp&pc=U531
@ CherokeeJack
Chris Hansen found his Predator and it was starring at him in the mirror this whole time.
This is probably slightly off topic but what the US and all 50 states need are laws passed which require every new or updated law to include goals which are definable and measurable. If the law does not meet those goals, it is determined to be inefficient and is automatically repealed. They do NOT get a chance to try and fix it.
For example, when it comes to criminal law I assume the goal is the reduction of the criminal activity. So if a State raises the maximum sentence for a crime and over the next 2-3 years measures its rate of occurrence and a decrease is not shown in the data, the legislation was not effective and the law should be repealed.
Same is true for civil laws, such as the registry and residential restrictions, etc. If the purpose of passing these laws is a decrease in occurrence of “sex” crimes and the overused and abused “public safety”, then 3-5 years down the road it should be easy to look at the data and see if they had a measurable effect. In the case of the registry and restrictions on where you can go and live, studies continually show they make no difference.
I do not call these checks ‘Background Checks’ ; I call them ‘Dirtground Checks’ because they are not looking for the positive side of a person’s life (background)…that part that could contribute positively to society, but they look for any ‘dirt’ that they can find. Of course we all have ‘dirt’ somewhere in our lives, the difference being some have been outed while others have successfully hidden their failures. Paying a debt on a failure should mean restoration and a resumption of life…but to some forgiveness and restoration is not part of the equation…of course unless it includes the tyrants who themselves get outed, and that is happening more and more nowadays.
Bob, they are reverse welfare checks. They don’t CARE about us. They only care about those living AROUND us. They’ve created the perfect fantasy world where we’re the villains and they’re the heroes.
So, is the tide changing? If that question needs to be asked, then obviously it’s not. The public will always, ALWAYS remain fearful and ignorant, so if’s a fool’s game attempting to win over their “hearts” & minds.
This article that Florida action committee has introduced has meaning and yes it would seem the tide is turning or about to turn. Yes we can all talk about these aregont rules to demean others but who is practicing the golden rule. From what everyone says on here it seems government isn’t practicing that with this registry issue. Sure we can all look at the preamble to the constitution and yes we all should keep on fighting. I just hope our efforts are not in vain or are many of these callous and irreverent and/or disresprectful in one’s forethought or forsight.
If the registry isn’t punishment than do the goalposts move constantly without no warning. If the registry is for public safety why is it okay to harm children of registrants who have not committed a crime? Why is it ok to arrest and convict a child who engaged in once normal human behavior; yet lawmakers decide to make it a crime? Lawmakers passed laws based on rare cases and public emotions wanting something to happen. All of them lived by the sword and they can all die by the sword.
Reflecting a bit more on this topic one should be aware when one dwells on these types of ordeals is the .. “Why are we talking about this”. In my own ordeal after taking a guilty plea and getting probation I went back to the officer that did the sting on me and ask him why you wanted me to plea guilty. The sting operator really didn’t have an answer. and just said Why are we talking about this.
Talk about putty in the hands in this mixture of devilish scheming. Even having one sign a paper after sex classes are completed doesn’tr make much sense. So there’s where the catch is.
Is hindsight is better than foresight or should we go with insight to understand much of this registry jargon that has really rubbed people the wrong way and has created even family problems among other issues. From probation or jail time, prison time, lifetime feloney probation or other it is not right. Any person with an ounce of Christian understanding should press this issue more.
Here is some more proof that the registry causes violence.
I was driving home yesterday from a relatives house about 30 minutes from my house. I was on a road the cuts through Florida. When the light changed, the last vehicle to pass through the light ended up being right in front of me.
As I caught up to traffic, the truck with dark tinted widows had a huge 6 foot sticker in the back window that read :
“Shoot your local Pedophile”. What is even more scary, as we passed a HUGE gun shop/gun range he made a U-Turn. I made a bet with myself that he would turn into the gun corral. And of course he did. So that says to me the sticker was not just for show but he was willing to make that happen.
I wanted to take a photo with my phone while stopped at the light. However paranoia took over and was worried he would see me and chase me down for daring to look at his truck. So I did the next best thing and looked that up when I got home.
I found out, There are entire websites out there that sell t-shirts, stickers, hats and more that say Shoot your local pedophile, hunt your local pedophile, Kill your local pedophile etc.
So here are my take aways. #1 Even though I am not listed as a predator, I am on the registry and as far as some are concerned, we are ALL pedophiles no matter what you did as long as you are on that registry. There are people who would be praised for killing us and in fact lie to cover up what they did by saying we tried to attack the shooter.
Stay vigilant my friends. While on the registry, we have very little if any privacy. Not saying to be paranoid but this fight is far from over. We have seen several registrants killed across the country with very little outcry from anyone but the families. No one crying “No justice no peace” for us because many think by killing us, justice WAS served.
Stay blessed, stay safe, stay aware.
I saw the same bumper sticker in Englewood when I lived in Florida. I just got what I needed and left. Funny no Florida politician has said anything about Rep. Gaetz yet if it was a nobody they would hang you.
Brandon
These are the same type of Yahoos that would have been members of the Klan back in the day. Burning people they do not even know and have no beef with, just because the color of their skin.
Back to the guy with the huge sticker. You know, on the one hand, if someone molested my daughter, I would probably want some revenge as well, I think we all would. BUT, having said that, most of the people who harass us, do not know us, have never met us and we have done NOTHING to them.
Additionally, not saying I am better than anyone else, far from it, but I did not rape some kid. But we are all made out to be John Wayne Gacyes as far as some are concerned.
Even in the Prisons, the other prisoners loved attacking people with a sex offense, because they knew nothing would be done about it. I have 5 guys jump me and almost kill me. Each of the 5 guys testified none of the others did anything. I guess my face was a bloody mess because I tripped? They all got out of the charges and I was sent to lock up on a charge of lying and lost a lot of gain time.
I appealed to the prison council and they did no respond until the day I was scheduled to be released. It said “DENIED!”.
NO!
‘Shoot a pedo’ stuff has nothing to do with the registry. Most registrants aren’t what these people imagine when they refer to pedophiles.
Now ‘shoot a registered sex offender’ (or even, shoot a ‘sex offender,’ the media’s favored term) I’d have more of a problem with.
‘Shoot a pedophile’ advocates barely even understand who their target is. Is it a person diagnosable for pedophilic disorder in the Diagnostic and Statistical Manual? No, that is a use of the term that is limited mostly to psychiatrists. When the public refers to ‘pedophiles’, they usually mean serial sexual abusers of children. Some make the mistake of conflating those with ‘registered sex offenders’, but we’re gradually educating them, one by one.
Even if registries disappeared tomorrow, ‘shoot a pedophile’ sentiment would remain.
As a Side Note, There are now over One Million People on The HIT LIST, of which over 93,787 are People under the Age of 18….93K-plus Children are on the HIT LIST!
Can We Say, PURE INSANITY!