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PA: Despite legislative fix, challenges to Megan’s Law continue

nnsylvania lawmakers insist they have fixed problems with Megan’s Law that threatened to allow thousands of sex offenders to avoid having to register with the state.

Not so fast, say defense attorneys.Full Article

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  1. Cassandra

    Don’t forget to layer this with Gundy vs United States…. nondeligation.

  2. David

    Tweak the Registry anyway you like, it’s still punishment!! 😡

    • Will Allen

      And much worse than just worthless. The Registries have protected no one and never will. But they are delivering harm to tens of millions, by far mostly people who are not Registered.

      Wage war.

  3. Against Hypocrisy & Sensationalism

    I just ‘enjoy’ (extreme sarcasm; of course) how the news reporter wrote this story in a “Psychological – Negative Way”. (As an example to explain my ‘meaning’; would be like, a new person (John) has been hired for a company. Another employee (Tim) has been on vacation, and upon returning to work, speaks to a different co-worker (Steve). They both have a conversation and Steve tells Tim all kinds of ‘negative’ things (like his attitude, hygiene, etc.) about the new hire John. Now; all of the sudden, Tim’s has a Psychological Negative thoughts about John. (Which may possibly be absolutely incorrect; as John is a kind and decent person). So when Tim finally does meet him, John already has a ‘negative’ “First Impression”.

    So; hopefully my just one example, makes sense.

    Anyway, as I was originally saying, I love how the reporter wrote the story; however, only mentioned very minimal details regarding the new Law. As opposed to actually writing the story with extensive details and data that actually explains why it is ‘considered’ Unconstitutional. Plus, using (2) individuals cases who are of younger and more severe in nature (which intensify’s the emotions of public); as opposed to the other cases that are involved such as 15-17 year old person who had ‘consensual’ relations with someone older (and its only a crime because of being a minor).

    So this story casts a ‘Negative’ Physiological Image in the public; which in turn, creates more/added hysteria.

    • Michael

      Clearly the writer is not a journalist. Hence the inability to report the news without injecting personal opinion.

      ….

  4. AJ

    “I am proud to sign this bill, which helps to keep Pennsylvanians safer by maintaining a comprehensive list of sex offenders,” Wolf said Feb. 21 when the fixes took effect. “We must maintain confidence in our judicial system, especially for victims of sexual abuse crimes.”
    —–
    Judicial system? Wait, I thought it was a civil, non-punitive regulatory scheme. How does that involve the judicial system…unless perhaps it’s punitive? Hmm….

    • Facts should matter

      Megan’s law is vengeance masquerading as justice. Of course they’re “proud” of that!

    • Michael

      Ours is a judicial system. What we don’t have is a justice system.

      ….

      • AJ

        Perhaps you missed my point, or perhaps you meant to nest your comment one deeper.

  5. Ron

    And when/if this law gets struck down, another will be passed. Hence keeping sex offenders under the thumb of the state. All because the judicial branch doesn’t review legislation to ensure it is legal.

    • Michael

      “All because the judicial branch doesn’t review legislation to ensure it is legal.”

      Obviously not true. Not even in a perfect world could the judicial review legislature before it’s final passage. That would not end challenges to the law.

      ….

      • Ron

        Obviously they don’t. They are reactive. Only declaring laws illegal after a law suit has been brought. People affected by illegal laws have to wait years for relief, if it comes. If laws received a proactive legal review before going into effect, there would be fewer bad laws.

    • Lake County

      Separation of Powers is what keeps the Judicial Branch from telling the Legislative Branch how to write laws. The Judicial Branch can only get involved when a plaintiff files a case against the Legislator’s Laws. The Judicial Branch can only uphold or strike down a law on Constitutional grounds. Although they may hint about how a law might be written in a way to become more constitutional, they are not able to directly help write our laws. The separation of powers is an important part of our constitution, however since the members of the 3 branches of government are continuously changing over time, the interpretation of the Constitution will keep changing. I don’t think there is a way to fix the legislators ability to pass any law they they think sounds good regardless of it’s constitutionality. If the Legislators are not doing a good job at representing us and upholding the constitution, then our best way to fix this is to vote them out of office. Unfortunately, there is no perfect form of government.

      • AO (AlexO)

        @Lake County, It would be nice if legislature, much like a scientist, would be required first to gather data and present their findings to substantiate the law they’re trying to pass. Right now, they don’t seem to remotely hold such burden and can do whatever they want. Doing this I think would go a long way in preventing BS like the registry and Patriot Act that were created with pure emotion.

      • CR

        There’s no government like no government.

        • David Kennerly, The Government-Driven Life

          Hey, that’s my line! 🙂

      • Tim Moore

        You’re right, LC. In the end, the people have to perfect themselves, and do research on their representatives and the issues. There is no structural fix for apathy.

      • Ron

        I agree with most of what you said. But, the judicial branch cannot be considered and equal branch of government if, as it stands now, they have little to no input on if a law is legal before it is put into effect. I know I am in a dream world, but what is wrong with having the Congress write a law, then have it go to the judicial branch for review before the president signs it? Yes, it will be slower and the judicial branch will grow in size, but the heavy hand of government would be lighter.
        But, this is not how our system works. We have 2 co-equal branches and a branch that can only react to bad laws when a law suit is filed. The judicial branch does not have an equal voice when laws are created.

        • David Kennerly, The Government-Driven Life

          I agree that proposed legislation should be judicially reviewed for constitutionality before enactment. The problem with legislators is that there are few disincentives to advancing unconstitutional laws leaving them free to wreak havoc with our liberties.

        • Tim Moore

          I think it would be nearly impossible for the courts to do an even cursory glance at all the laws being passed. They have difficulty handling the cases they have now for the select really bad laws that do get challenged. A quickly done and inadequate court decision is worse than no decision, because it can allow a lot of future bad laws. Which judges should review? Many of them are the same as legislators, elected politicians and only want to fit in and be liked, so they can rise and converge on higher offices, get their kids in the best colleges, have a vacation home, etc.
          Only grass roots action is going to change the culture, in my limited opinion, and that is a long shot, I fear. Let’s get the badges made and do what little we can, and hope by an aggregate of little actions the weight will tip the scales.

  6. Michael

    “They’ve told us that this cures the deficit in the prior law, so we’re trusting they are right about that,” Wilson said, adding: “At least until they tell us otherwise.”

    That has got to be one of the lamest excuses I’ve ever heard. So, if the legislature told Wilson it wouldn’t hurt if he jumped off a 10-story building, he’d jump?

    ….

    • AO (AlexO)

      He’s not wrong. As far the law is currently concerned, they’re good to go with this. That’s the case for any and all laws. They’ll all legal until they’re not. You’re thinking more of the morality of things. Segregation was and slavery were all perfectly legal, but certainly immoral. But the two are often mutually exclusive from each other.

    • Mike S

      When your resort to using the Nuremberg Defense, it is clear that you are on the wrong side of just about anything.

  7. Brian @ Shane

    I like the comments at the bottom, is that the only word these ignorant fcks know how to use, pediphile? pediphile is not a person, it’s a mental illness, so these people are calling people a bad cold in essence, because they are so stuppid, WOW….
    Rinse, wash, repeat, rinse,wash,repeat,rinse,was,repeat.
    Just keep challenging and fiighting, As we know, people are listening, we’re not being loud enough though, we need to make a lot more noise… we need More people like Terry Brunson and others like him to challenge these ridiculous laws, people that don’t have to use lawyers because they know how to decipher law!!!

  8. banshee for life

    Only way to fix this! Is to keep fighting. Registry’s are a very Clear Evil way to Punish and Shame people. For a one time Mistake or A Romeo and Jul love. Registry’s Only make the police Money. That Why All the 50 state’s legislation is trying to come up with anyway too hold on to This Money maker Scheme Like Saying we track 19,000 sex offender each day. That is BS next time Ask a cop? Where was The so and so sex offender lamb chop 15 hours ago. They have NO clue AT all where lamb chop was or even if he was in the USA! They only know your home Address and work. Yippee!!!! My family and friends All know where i live! But None of my Family and Friends Know What i am Doing 24/7 each min Same as the cop’s don’t have A clue TOO! For the legislation to post My Info On the web Is A Danger to Me And All People. Registry’s Can NEVER Stop Sex Abuse. Even If it wasn’t Abuse in the first place! Kids want to learn from their Parents for question’s about sex! But with Over Half of marriage Couples fall out of love And the woman get the kids. Man are struck to try and tell their kid about sex and How it works! I will tell you NEVER EVER Talk to your Kids About SEX she will turn it around on you! Just Send it Back to The witch!! I fell in to that trap so giving you all a heads up over that! So get use too not bein a parent. Anyway keep fighting This Useless Reg That does No good But Harm People of The USA \

  9. sumo

    “They’ll all legal until they’re not.”

    Right! AlexO!. All laws, no matter how blatantly unconstitutional, are legal … simply because the legislature says so … until they are not.

    This is why I’ve mentioned a few times in this and other PA threads that NO ONE who as ever been convicted (or plead guilty to) a sexual offense can EVER let their guard down. YOU WILL NEVER BE FREE. Why? Because that is how our legal system works. The legislature need only pass a law, and it may apply to you, until (if) it is struck down by the courts. And even then, the state may not comply (what are you gonna do, judge? sue me?)

    Relieved of a duty to register in PA? Do you want to go to annual Jazz Festival in Chicago Illinois? Forget about it. You can NEVER, for the rest of your life, set foot on any public park property in Illinois! If you do, whether you are registered in your state or not, you will violate an Illinois law that makes you subject to arrest and felony charges.

    Wait, what? Do you mean that for the rest of my life, I have to check the statutes of every state and county and municipality of every locale I travel to in order to ensure I am not violating one of their laws, regardless of whether or not I am still required to register? Well, the simple, and complete, answer is YES.

  10. ab

    Megan’s law or rather the act for which it is primarily named was misused for the perversion of justice. Rather than focus on the worst aspect of her case (murder) the focus was on the sexual conduct that happened before. If anything this is the legislative fix required for the law. Change it from sex offenses to murder.

  11. Debo

    The good news is thousands of people in PA have been relived of the burden of being a registered sex offender and the majority of other states are in line with the their constitutional rights because their law only applies to people that have to register in their home state. The other states will soon fall to the reality that it is unconstitutional to criminal charge a person if they do not have to register in the state they committed their crime so soon the laws they have passed will shit the bed too. That is the real facts love it or leave it.

  12. sean

    yea they are fixing things alright. and at the same time, we see an example of this:

    http://www.altoonamirror.com/news/local-news/2017/12/officials-disagreed-on-youth-sex-case/

    just another example of the pa government, and the hypocrisy that knows no bounds. so while they are all gung-ho in public about SOs and getting things right for “public safety” all the while behind closed doors, trying to figure out how to sweep things under the rug, so as not to “tarnish” the almighty, all knowing pa government.

    heres another fine example of our “government officials” at their finest. can you say hypocrite? wonder if this bastard will ever end up on “the list”?

    http://fox43.com/2018/04/04/ag-josh-shapiro-announces-charges-against-bedford-county-district-attorney/

    the problem with all these asshole government officials is, they forget that they put their pants on the same way everyone else does, and what goes around, eventually, comes around….

  13. Erica

    The laws we have in place for many things are an outrage to me. I think about Megan’s Law registry and I wonder if any one ever thought this through. The consequences to those on the registry are far greater then anyone it protects. Do your research. The numbers just do not add up. Megan’s Law does not help stop sex crime or any other crime. There are more people on the registry that don’t belong there – then there are that do. This law was intended to monitor violent predators. What it is now, is a misused weapon. We have everyone from someone who pee’s on a tree, to someone who rubbed a belly without permission. While both in the wrong situation could be uncomfortable and annoying, not sexual offender worthy.

    What happens when it is you? How do you feel when you are the one faced with the consequences so many others are faced with? Walk a mile in a pair of their shoes, you may fully understand what it means to do the time on this registry, because it is very easy to get labeled this way. All it takes is you peeing in public. You may have had a relationship with someone under age, but had consent. You may be a prostitue. There are many reasons why you could end up there. All of which are not violent actions. How do you wish to be labeled if any of these happened to you?

    Our laws contradict themselves.
    In one breath we will say you are not old enough to have alcohol and in the next breath state you are old enough to give up your life for your country. Just be sure you don’t have a drink before you go, you would be breaking the law and give up the right to die for your country.
    At 14 a girl kills someone, you want her tried as an adult because she knows the difference between life and death, but let her have the right to choose who she has sex with, now that is ridiculous. That she can’t understand the consequences to.

    Laws are meant to help control violence and not help create it. When you are sentenced, you are sentenced in accordance to your crime. When the sentence is over, you have cleared your slate, at least so we were always told so. You are supposed to have paid your debt to society. If your crime warrants lifetime monitoring, why was your sentence less then a lifetime. This would be because your crime was not worthy of a lifetime sentence. You don’t get to say after the fact, this is how we will continue to put you on display. There should be no after the fact punishment, especially limited to only one specific crime.

    I don’t deny that there are so many sick people out there. I know there are and I fear for my child every day in this sick world we live in. For those cases that are true sex crimes and any other true crime, punishment should be great and should be determined in a court of law. However, I still don’t believe once they have fulfilled the sentence given in a court of law, they should continue to be punished after the fact. Everyone has the right to change, even if your heart was affected by a criminal act and you can’t open your mind to it. We all have rights, regardless of your crime.

    You expect them to move on and obtain a normal life. How? That is my question. Jobs won’t hire them, they don’t want their names displayed on the site. They find someone they love but they have kids. Everyone calls child services on them. It is just a constant public display. I am sorry. If I need to know who is living near me, I always have access to that. I don’t need a registry to tell me.

    • WTF?

      Laws are seldom introduced on the basis of need or factual evidence. They are there to fill a percieved danger created by politicians to give the uneducated public a FEELING of of being safe and protected.
      Law enforcement doesn’t generally agree with these laws either. It is law prosecution ( or should I say persecution ) that uses these laws as a way to advance their professional careers, or line their pockets.
      Take the ML away and within a month most people wouldn’t notice.
      There will always be the fringe that feel the need to blame others for all the world’s troubles. They use children to get a seat at the table, if you know what I mean. The John Walshs of the world that profit of the misfortune of others.
      My idea of winning the lottery would be to get 5 minutes alone in a room with someone like that.

  14. SORNA 2 - unconstitutional ruling!!

    Very good breakdown of the SORNA 2 – unconstitutional ruling!

    Right now the lower court has until July 22 2018 to get the appeal filed with Commonwealth court or the Superior Court, unsure what court follows. But there is no possible way to overturn this. When it reaches the PA Supreme Court it will be again shot down in the FAVOR of the REGISTERED CITIZEN.

    The fight begins, I believe this person had to register for life under ACT 10.

    As of right now everyone ACT 10 that was forced to be on ACT 10 by May 21 2018 is on it illegally.

    And therefore the PSP is violating yet again another RULING!

    https://www.shafferengle.com/blog/2018/july/pa-s-sorna-sorna-ii-declared-unconstitutional-by/

  15. James

    Despite of the New Law Sorna II is illegal in all ways. All they did was water stuff down like the policitians do. I really see this Megan’s Law or Sorna as a HATE CRIME. Pennsylvania only hates on one specific group of people that’s SOs. They dont care about drugs that takes people’s lives, or alcohol, or opioids. I think we need to fill suit as a HATE CRIME.

  16. Act 10 - 29 Being Challenged!

    Take a look these two links. One is the order of the court pertaining to legal questions, hainsetworth, nase, muniz, etc. and the other is the desenting judges, they want no part.

    What it is saying is that, if hainesworth v commonwealth attacked the plea agreements and plea agreements were to be followed per contract, then hainesworth, nase, etc and others effected by the hainestworth, martinez and nase decision concernring plea agreements and Pre Sorna requirements, and there NAMES ARE NOT ON THE REGISTERY because they are complying with the TRUE MEGANS LAW TWO LAW.

    Then why in Muniz, when we signed back up to Act 10, are we still on the internet, I took a plea agreement and should not be on the internet, and others like me PRE SORNA should not either.

    http://www.pacourts.us/assets/opinions/Superior/out/opinion%20%20reversed%20%2010368668741574276.pdf#search=%22Muniz%202018%22

    http://www.pacourts.us/assets/opinions/Superior/out/dissenting%20opinion%20%20reversed%20%2010368668741574398.pdf#search=%22Muniz%202018%22

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