The Dobbs Wire: Rights for ALL?
The Dobbs Wire: Rights for all? Alarmingly, individuals and groups who are despised get shortchanged on constitutional rights. In a new piece for The Nation, JoAnn Wypijewski tackles this topic just as the Senate considers Ketanji Brown Jackson for a seat on the U.S. Supreme Court. The essay reveals how courts make the rights of those with a scarlet letter – persons required to sign the sex offense registry – disappear! A recent, rare statement by a current Supreme Court justice, Sonia Sotomayor, figures into the discussion. Have a look! –Bill Dobbs, The Dobbs Wire Drop us a line if you would like to join The Dobbs Wire email list or have something to say: info@thedobbswire.com Twitter: @thedobbswire
The Nation | March 18, 2022
On Principle: Ketanji Brown Jackson’s Profile in Courage
In an overlooked, once-anonymous article from her student days, Biden’s nominee emphasized the human impact of law on the most hated people in America.
By JoAnn Wypijewski
Excerpts: When she was but a young woman, a law student, Ketanji Brown Jackson did something few serving jurists have found themselves brave enough or principled enough to do. The year was 1996.
What makes the young Ketanji Brown Jackson remarkable is her challenge to legal interpretations of a system of control over people who were not only made a separate category of human being then but are still largely shunned by reformers now. In a Harvard Law Review Student Note titled “Prevention versus Punishment: Toward a Principled Distinction in the Restraint of Released Sex Offenders,” she placed the humanity of a despised class of people at center stage. Where might justice be, she asks in effect, if we begin by considering how state power affects the life and liberty of society’s most hated individuals?
In the intervening years, many more people who had completed their sentences had been forced to register as sex offenders with local police and have their faces, names, aliases, addresses, workplaces, etc. published on the Internet. Regimens controlling their freedom to move about, to work, get an education, reside in their own homes or with their own families—simply to live—had grown more byzantine, and by 2006 applied to certain juveniles 14 or older at the time of the offense.
Courts had, on the whole, taken limited interest in the human impact of these restrictions; and the Supreme Court had weighed in, blessing the registries in 2003, applying the same muddled reasoning that Jackson had critiqued, and introducing a poisonous falsehood—declaring that re-offense rates for people convicted of sex crimes were “frightening and high” when actually they are among the lowest. Here was another bit of junk science, since debunked, but widely repeated and never recanted. The law says this isn’t punitive. All of which makes Jackson’s youthful writing piercingly relevant. MORE:
https://www.thenation.com/article/politics/ketanji-brown-jackson-courage/
Even if the rate of re-offense was really high, why would “Everyone” have to suffer and pay the price of those who do not learn their lesson? Some of made a mistake that did not involve violence but bad judgement. When decades have passed since your offence, it is probably a good sign you will do whatever it takes to never let anyone down again.
But the fact that the statement, re-offense rates are “frightening and high” is not only false, but not based on a single bit of proof or study that can back that up. The system has been broken and crooked for a very long time.
Rich people wearing suits who value their time in office more than being moral, compassionate and forgiving. Everyone gets a second chance, unless you have a sex offense. Hello, we are not the broken one’s it is the people in the high glass towers that are broken and blind.
So true…my view is that if a lengthy prison sentence will not restrain the would be recidivist for committing a repeat act, the flimsy patchwork of registry regulations surely will not.
I’ve always believed the law should consider each individual case and make judgements tailored to the particular situation. Casting wide registry nets hoping to catch a shark (predator) may more likely snare twice as many dolphins.
People in glass tower’s shouldn’t throw stones, they should like at their reflection and see the ugliness in themselves.
Brandon
Also, if they are living in a glass tower, they better put on some clothes when they get out of the shower or they might join us on the registry.
Everyone who thinks the registry aligns with our national values should carefully consider these words from Nelson Mandela:
“A Nation should not be judged by how it treats its highest citizens, but it’s lowest ones” ― Nelson Mandela
If a person has been convicted, has gone through their sentence and been a law abiding citizen for years/decades, they should be left alone. Registries were passed on rare child crimes and has punished people who had nothing to do with it. It’s like getting in trouble for something a neighbor kid did, so everyone gets punished.
Brandon
I do not care what someone did, when you pass a law “AFTER” someone was already sentenced and retroactively apply that law, it restricts someone’s right to have a say in the matter. In what way you might ask? It would have caused me to withdraw my plea and go to trial, even if only with a public defender.
I basically gave the prosecutor everything she wanted and more. BUT, after I went to prison, MORE crap was added, called the registry. In what World is that fair. Then I was told I could not withdraw my guilty plea. What a legal farse.
FAC another great article. Yes I’m sure many are surprised about all this. I’m sure even many were surprised by the Don in his “Grab them by the pussy” comment but he still wound up as President. So how low is America getting. They couldn’t even impeach him but that’s history.
While much of this sex registry amounts to a shoe shine deal of plea deals where does truth come in. Guess the Ten Commandments are not part of American Justice or is justice more of a control factor in and of itself.
Jurist Jackson will Use Empirical Data to Verify and Validate Her Decisions or Dissents…
Justice Soto, Just Recently Referred to ‘Empirical Data’; So, Therefore, We All Shall See How This Plays Out…
Perhaps, this, Will Bring, Better Learned Reasoning Processes to the Entire Highest Court of the Land!
Processing Information ‘Inside the Box and Outside the Box’, Portends to Yield Greater Than Average Results…..
Truth
If the Supreme court would do their job and rule at least, that the Retroactive application of the registry is illegal, punitive and and unfair to those who did not get a say in their sentencing, since this added well after most of us were sentenced.
Not trying to throw anyone under the bus on the registry, but at least those who got arrested during a time a registry was already in place, at least got to use that as a pawn in the plea deal, like “less time or I will got to trial because the registry will add to my punishment”.
Now to the question of, is the registry even a deterrent?
Empirical Data Illustrates that Criminal Registries for Former Felons Have No Effect on the Total Reduction of Crimes; So Therefore, They Should Never Exist!
Plain and Simple….But, Sadly, they are Part of the $268 Billion US Criminal System…It is a Business….
-As A comparative, Amazon’s 2021 Annual Revenues were $279 Billion..
…Hummmmm?!?!?
Food For Thought: It is hard to compete against an ‘Amazon’; so, therefore…….
Truth
Ok, so if your stats are true and based on fact, $268 Billion Could fix a lot of more pressing issues in our nation. For example the post office has gone broke almost every year since the 1980s.
One senator in the past, stated that to fix the issue they would have to raise the price of a stamp to $5.00 a letter. Although they knew that wasn’t going to happen, they were just giving the reality of how far in debt we are.
CherokeeJack
Lawmakers can pass all the laws they want, but they never can legislate what’s in someone’s heart. How many crimes are committing when a person is at a low point in life and acts out due to lack of judgment or impulsively? Only deterrent the registry does is make life more difficult with impossible restrictions run by a vengeful overpaid babysitter.
I hope Judge Brown gets confirmed and a slam dunk lands in front of the Supreme Court. Now if Justice Thomas would retire or be impeached I’d be celebrating.
Brandon
I do not want to be a nay sayer here, but even though I wish her well, she alone cannot overturn 30 years of registry horror. When you are a single judge, you pretty much get the run of the court (Other than it being appealed). Once at the supreme court, usually a majority has take place.
Yes she is one more person who may help us, I think some of the scrutiny she is getting may cause her to pause on future cases involving us. Then again, once you are on, you are there for life so maybe she won’t care what anyone thinks? She has to go with her heart.
And they did say none of this really matters because she just has to convince the Dems side because the news said they do not need any republicans to vote for her and she can still be approved by the Dems. * I personally hate politics, it divides the nation and turns people into something out of a horror movie.
CherokeeJack
I agree with you but I believe if she’s conformed it’ll be an asset for our side; which could change other Justices minds. We’ll have to see what happens and I hope meaningful changes come soon. As of now registrants and their families should never give up or in to people who want to use us for an agenda. Misinformation about sex offenses has divided this country and both sides are guilty. Enough is enough of the status quo about our re-victimization for life.
Ps if I’m wrong I’ll apologize, it’s not my first time.
https://www.huffpost.com/entry/republicans-hawley-ketanji-brown-jackson-supreme-court_n_6234b708e4b019fd812d8aab/amp
Here is a view from a conservative publication, penned by a Federal prosecutor:
https://www.nationalreview.com/2022/03/senator-hawleys-disingenuous-attack-against-judge-jacksons-record-on-child-pornography/
I see a pattern here .. a patterns that I haven’t seen before. Is as suddenly everyone is seeing things how really they are. I see a supreme justice talking in our favor, I see a prospect supreme justice, saying it how it is, and I see federal prosecutors and senators giving declarations in our favor. I’m not sure if anyone else is seeing what I’m seeing .. but America has awaken and change is coming !!
Johandy
I was watching part of the hearings and some are really playing hard on accusing her of being soft on what they call “Sex predators”. Those throwing that shade pretty much lump all sex crimes into the category of sex predators because it sounds more scary to the public. Hearing that the public lets out a gasp and are on board with sending us all to the gallows.
Remember, sometimes someone with a sex offense gets arrested for something mundane like being on a school property (For a legit reason) and gets arrested. Instead of saying that in the news, it is portrayed that a sex predator was trying to lure children into their car. Next thing you know the news and vigilantes are showing up at that person’s home. And to think, they call us the sick ones.
Senator Hawley, Senator Cotton, and Senator Cruz more than likely are running for President in 2024 or 2028. What better way to enrage the Republican base is to be tough on crime and more importantly tough on sex offenses. Republicans didn’t want a circus during the hearings, but it seems that way.
Well, I gave mixed feelings. With this potential new Justice also comes some far left ideology. Be careful, here. On the other hand, she seems fearless in dealing with the lepers. If she’s the ultimate scale tipper, I’m going to support her since “constitutionalists” are ignoring the Bill of Rights, regularly.