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General Comments October 2017

Comments that are not specific to a certain post should go here, for the month of October 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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  1. rod

    can someone explain what tier I’m in, convicted of cp on violation of 2252a (5) (B), 2252A(b)(2) of possession of a single count. With no prior convictions. 9 years ago

    • Political Prisoner

      Good luck finding out, I have a 288.4(b) no prior, no contact, no victim and no one seems to care to answer my question.

    • NPS

      Those aren’t California penal codes and not included in the SB384. However, since all CPs in California are felonies (effective Jan 1, 2014), they will be subject to Tier 3 registration. Not sure how your codes will translate to a California PC, though. I’m not a lawyer. I only know how to read and understand government bills.

  2. David Kennerly, the Very Model of "Containment"

    Probable murder of Registrant. As usual, the many comments are blood-curdling.

    “Missing Florida sex offender found dead, foul play suspected ”

    http://www.palmbeachpost.com/news/wanted-florida-sex-offender-found-dead-xxx/iGJyzp1ifyx1MgLv6kU08N/

  3. Counting the days

    Did my polygraph test today. What a joke! First, the therapist asked me background questions. 7 questions. He looked confused and said, ” Well , this should be quick”. He asked me 6 questions . Then asked each again 2 more times. He then took $ 300 CASH ( because this whole therapy / testing thing is a cash cow for them). And said thanks. I asked if I would get results, and he said” you know you passed”. No wonder the ENTIRE SYSTEM is so hosed up. This is just a way for everyone involved, Cops, judges, politicians, therapists, to make a buck off me. I feel like the most used person.

    • TS

      @Counting the days, et al

      Next time, audio record it on your phone w/o their knowing so you have it on record (if acceptable by your state law of one person or two person recording consent), but also to show you asked for a written record of the session. Your PO may be pissed and say it violated some rule somewhere, but you could submit it to your atty to ask the judge for the written record and interpretation. It is YOUR record, not theirs.

    • Follow the $

      And polygraphs are full of shit and a century old technology that is notoriously unreliable which is why they aren’t even admissable in court.

  4. AJ

    Here’s an interesting tidbit about the fallibility of SCOTUS when it comes to statistics and expertise. “Frightening and high” is mentioned, but is not the thrust of the article. It does highlight how SCOTUS is making course-altering decisions without correct or complete knowledge.
    https://www.propublica.org/article/supreme-court-errors-are-not-hard-to-find

    • TS

      @AJ

      I saw that ProPublica article over at NARSOL and read it with interest. Here is something similar to what I posted on this website a while back on this topic and will do so again for people’s interest and reading leisure:

      There is a method to get the correct info to SCOTUS, but it does take time, a lot of time, for corrections to be entered, which they enter into the record. See this article: NYT, 5/25/14, SCOTUS keeps editing (https://www.nytimes.com/2014/05/25/us/final-word-on-us-law-isnt-supreme-court-keeps-editing.html)

      If Congress really wanted to, they would fund the SCOTUS Research Dept that is needed to ensure correctness is abound.

      • AJ

        @TS:
        The problem isn’t so much needing the record corrected, as it is the decisions SCOTUS is making based on the false information. We’re all living proof of that problem, to say the least. Yes, an independent method for SCOTUS to get and check information would be best. Amici are nice, but they’re also incredibly biased. That’s rather ironic, given “amicus curiae” means “friend of the court.” Hardly friendly, if full of lies!

    • mike r

      Interesting read AJ….Gives some insight into the court, and possibly more fodder for us….I will have to consider mentioning this…

  5. Illinois Contact

    Can you use 1203.4 if your conviction and probation were in another state (felony CP possession, no misdemeanor in that state) and then you move to CA and register there?

    • Follow the $

      No your conviction must have been in CA. You would need to get the expungement/dismissal in IL. Then CA would.claas you based on comparing CA law to IL law.

  6. Illinois Contact

    Great story in ProPublica “It’s a Fact: Supreme Court Errors Aren’t Hard to Find” citing the many factual errors made by the Supreme Court, including the one that has devastated all our lives: “In a 2002 opinion, Kennedy wrote that untreated sex offenders commit new sex crimes at a startling rate, ‘estimated to be as high as 80 percent.’ The statistic came from a magazine article, which did not provide a source. The article’s author has admitted to legal scholars the number was a guess. Studies of sex offenders indicate the true rate is a small fraction of the one Kennedy used.” We know this, of course, but it continues to help the cause to have it cited in mainstream press.
    Here’s the link to this story https://www.propublica.org/article/supreme-court-errors-are-not-hard-to-find
    The ProPublica story was also featured in The New York Times giving further currency to our cause: “The Supreme Court Justices Need Fact-Checkers” at this link: https://www.nytimes.com/2017/10/18/opinion/supreme-court-justices-factcheckers.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region&region=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region

  7. AJ

    It’s starting to seem like Gorsuch is a bit of a d!ck, or at least incredibly smug and self-assured.
    http://www.slate.com/articles/news_and_politics/jurisprudence/2017/10/why_rumors_of_a_gorsuch_kagan_supreme_court_clash_are_such_a_bombshell.html. His first few writings in SCOTUS cases have been less than impressive.

  8. TXSO4life

    Why you might need a passport card to travel domestically in 2018…
    https://www.yahoo.com/finance/news/might-need-passport-card-travel-domestically-2018-141115032.html
    I wondered how would this play into SO ability to travel interstates in the future.

    • Follow the $

      The states you are travelling to get no notification by TSA (under current policy). They are only there to make sure you are who you say you are. Any attempt to use TSA to screen classes of citizens to prevent travel between states fr anyone except those on federal or state parole or probation would be asking for a lawsuit as it would violated about a dozen laws.

  9. David Kennerly, the Very Model of "Containment"

    Operation “Cross Country”

    “These are children. They are hardened children but they are still children.” – F.B.I. Special Agent Bernie Riedel.
    So, we have another nationwide multi-agency crackdown on “child prostitution” which, invariably, means that they have “rescued” a handful of adult-looking seventeen-year-olds and even older young adults who they attempt to portray as “children.”

    It’s debatable if any of these “children” actually wanted to be “saved.”

    http://abc7.com/fbi-sex-trafficking-crackdown-nets-120-arrests;-84-underage-victims-rescued/2552074/

  10. ML

    Does anyone know what the stated rationale was for keeping the possession of CP as a crime for which there was no relief from registration? Was there any basis that suggested they those individuals were more dangerous than some of the other crimes?

    • David Kennerly's Spectral Evidence

      There’s really no basis for the penalties for any sex crimes. Notice how sentence ranges are in multiples of five years. It just sounds good to the punitive ear. None of it is rational.

      It’s a little like how Marshall amps go up to “eleven” instead of just “ten”. It just sounds more impressive.

      So much ersatz mythology was developed around child porn that they could only floor the punishment accelerator in response.

      • AJ

        @David Kennerly:
        I don’t know that Marshall amps in general go to eleven. That was something from “This Is Spinal Tap”, poking fun at Marshall’s seemingly endless quest for louder and bigger. (https://www.forbes.com/sites/allenstjohn/2012/04/05/it-goes-to-11-the-loud-legacy-of-guitar-amp-guru-jim-marshall-dead-at-88/#2dd9e79d5528)

      • Tim Moore

        Yeah, that seems to be the Pavlovian response when the media starts a shock campaign. If the offense is domestic, add another five years or 25 to life or mandatory minimums. If the shock originates foreign, then drop some more bombs over there. As long as someone’s suffering some more, the problem must be being solved.
        You’re right, even the tiered registries go in fives. Heck, residency and presence restrictions seem to go in multiples of five hundred, except that 300 feet seems to be used a lot for some reason. Where do they get these numbers? It’s a mythology, a religion. The numbers have their own sanctity.

    • Follow the $

      No it was purely irrational posturing. For some reason, the public views the simple possession (and distribution in conjunction since nearly every CP offense involved receiving or sending across state lines to or from a person or site run by LE) as a crime more heinous than actual production of CP, physical assault or improper contact with a minor or in some cases rape and incest. This is the fault of mass media fear-mongering and hyperbole and is now the most disfavored class of SO. It is regarded as such even though there is a pleasure evidence the low level CP offender is the least likely of all to reoffend after treatment or to progress to more serious offenses. There is a belief that we are the cause of the whole CP industry as without demand the production would stop. Similarly to drug war where you busy the users and not the producers to somehow kill demand thus destroying the financial incentive to sell. One problem though, there is no financial market for CP in general. Nearly everything out there is digital media and freely available through the dark web. This there is no financial incentive driving production. The production occurs by seriously depraved individuals while the users are generally classified as either mentally ill, involved in self destructive behavior, victims of sexual abuse themselves, or people who make a bad decision and get caught. Almost none of us were using it as a gateway to physically assault minors. Like people who look at pictures of murders and gang violence. They are viewing an illegal act but are not guilty of a crime for doing so.

      All sentencing is based on emotional reaction and not on a rational basis involving empirical evidence. Everyone who voted to include the amendments keeping CP as level 3 is probably up for reelection and can now go back to constituents telling them they voted to protect the children.

      • AJ

        I see it as how it was with crack during the 90s. Crack penalties were way worse than other drugs, and it was seemingly based purely on attention and the “crisis” of it. Likewise CP versus other SO crimes. It’s the easy hit, the crime that seems rampant. That an actual assault is more harmful than a picture seems not to matter. Those crimes are too hard to prove and get conviction. CP is easy to nab, and widespread (read” “crisis mode”), so it gets hit harder with the hammer. My $0.02.

  11. Follow the $

    Got a question. As of 11/2016 my conviction was reduced to misdemeanor. After several letters to CA DOJ, they finally removed me from the public website as required by law and confirmed by someone other than me. However, that someone has confirmed my information is still being displayed on the Federal NSOPW with a link (broken) back to CA ML. Anyone have any advice on what I can do to get the information removed from the Federal site since it is only a repository of the state databases in situations where the crime was not federal in nature? Do I write a letter to them as well or get a lawyer to do it? Or do they never remove anything like say Florida where you are screwed for life.

  12. mike r

    Man AJ, you just have a link to everything don’t you????LMAO>>>>

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