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MN: Appeals Court – Sex Offender Program Constitutional

Minnesota’s program for keeping sex offenders confined after they complete their prison sentences is constitutional, a federal appeals court ruled Tuesday, reversing a lower-court judge who said it violates offenders’ rights because hardly anyone is ever released. Full Article

Decision

Related

‘A System That Is Clearly Broken’

The Latest: Official: Sex offender program needs more money

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  1. pgm111

    Kafkaesque to be sure.

  2. mike r iscensored

    wow a rational basis review? seems like indefinite incarceration would require more than a rational basis review….

    • David Kennerly

      I wonder how Auschwitz would have fared under the Eighth Circuit?

      • abolishtheregistry.com

        Probably great being the bush family was involved in picking two of the judges. Prescott would’ve been proud. Nazism is alive and well in this country and Clinton is not unfamiliar with it either.

      • Timmr

        Well back then it was regulating a race of inferior beings to protect the purity of the race, a legitimate government interest of the time. Who wouldn’t want a healthy race of people?

  3. Nicholas Maietta

    So, we are now second class citizens now, right?

    • Harry

      Second class citizens, would be nicer, I would say NO class citizen, we do not even break the surface.

    • American Detained in America

      Let’s be honest, we became second class citizens the moment we were arrested. Not saying it’s justified by any means, but we all know how it worked, we were guilty unless we could prove our innocence over, at least in my case, the DA’s manufactured “evidence” against us, we were put on more strict parole than any other offender, and once released from parole we find that half our rights as citizens have been stripped and continue to be stripped.

    • David Kennerly

      As if we needed any further confirmation of that.

      This is a huge disappointment, not the least for those in Minnesota’s sex offender concentration camp. Perhaps it might make its way to SCOTUS.

    • C

      Oh, that ship has sailed, my friend, and we are not in Second Class, but down in Steerage with the cargo and rats.

  4. abolishtheregistry.com

    It will never end till those that can choose the path to end it. The path is abolishment! S.T.O.P. Stop The Oppressive Policies!

  5. Ron

    What is really disappointing is that we now know we have less rights than prisoners at Guantánamo Bay, Cuba. They get released back into society and go back to terrorism. Their recidivism rate is multiple times higher than sex offenders.

  6. VPN

    someone in that federal appeals court needs thier head examined, wouldnt it be fun to perform a lobotomy and then run that brain over with a 18 wheeler ? hah

    • David

      Too late: that brain is already mush!

    • abolishtheregistry.com

      Many of them were born lobotomized, no need for any further action. Here’s an example in the news.. John podesta GAVE the “hacker” his email password in a phishing expedition. It wasn’t hacked… And the cherry on top? His password was ‘password’. How’s that for brain dead…

  7. Timmr

    I am truly amazed at the hope placed in the court system. And the court decreed the registry void and it was never more. Halelujaja. They are not going to completely brake the momentum that keeps them securely sailing through office, and cut off the public who pump hatred and fear into the beast they ride. It’s going to take a a lot of rocks on the tracks to derail this engine, and attacks from many different directions, not relying on the engine to see sense, cut the throttle and run itself out of fuel.

    • abolishtheregistry.com

      Feeling a bit down bud? Have you forgotten the Michigan case? That’s a pretty good thing if it makes it to SCOTUS and those attorneys go at the false stats, etc. I wish I could get the doubters to see what I see. I’m not deterred by expected setbacks. It’ll happen, you’ll eventually see.

      • David

        @ AbolishTheRegistry: Like you, I remain hopeful that SCOTUS will see the light.

      • New Person

        I think it’s the two view points of the courts. There are many more courts saying it’s not punishment AND it to protect the public than there are courts saying it’s has gone beyond the initial premise set in the 2003 decision to where it is punishment as the penalties have increased.

        Here, we have a microcosm of our situation. One judge said it’s unconstitutional. It gets sent up on appeal. Three judges (i believe it was three judges) that state is not unconstitutional. And yet the government is trying to reduce the penalty by a little bit. Why make any changes if it’s not unconstitutional?

        Therein lies the crux. I like the emphasis set in my Michigan. What was the original intent. Has it expanded since? If so, then the intent has completely changed. Also, Michigan did introduce actual stats, refuting the “protect the public” meme as there are no stats to corroborated this notion.

        It’s easier to perpetuate fear than it is to perpetuate facts. WW2 happened. We all know why. Yet, here it is repeating aspects that should never be repeated.

        Again, because of the original sin by the SCOTUS in 2003, a frightening and high FALSE recidivism rate was the basis for stating registering (a form of service) is not punishment. With all of the possible explosive growth of punishments, SCOTUS believed it to be conjecture because it has not happened – yet relied upon unsupported information.

        One more note… Roberts is still a part of the SCOTUS. His meddling on what should be has been duly noted in the 2003 decision for us. Yet his meddling continued in the SCOTUSCARE decision. His intervention is what makes all this very perplexing b/c he’s supposed to be a judge, not a lawmaker.

        Power corrupts. Absolute power…

        • abolishtheregistry.com

          That’s how it starts out. History of wrong. People rising up. The courts begin to crack and oppose one another. SCOTUS wises up. We win our freedom back. Cycles repeating throughout history. We’ve been on a downturn for decades, now we’re on an upturn.

      • Timmr

        Just don’t believe in the court system or the government as a whole to do the right thing on their own. You have to keep writing letters, speaking out protesting and making the smart ones out there here something besides fear mongering. We have to change the dialogue from policies based on fear to those based on evidence. The courts have always followed the culture, not the other way around, at least in the big picture of things.

        • abolishtheregistry.com

          I’ll disagree somewhat. They have followed till they’ve broken with culture. I don’t trust government in general but I know there are still good constitution loving people in all branches. Maybe not droves of them but they are there. I think we all have seen evidence of that recently.

  8. Ron

    “considering an appeal to either the full 8th Circuit or to the U.S. Supreme Court.”

    Bottom line for the lawyers is will they win. No lawyer is going to waste his investment of time if he can’t win. This isn’t a pro bono case. Right now they are looking at their odds vs continued investment.

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