California voters could not resist the chance to condemn human trafficking and sex offenders who prowl the Internet. In 2012, they approved Proposition 35, the Californians Against Sexual Exploitation Act, with 81.3 percent of ballots cast. The vote was as predictable as it was unfortunate. Powerful though it was politically, the initiative is a prime example of why, with rare exceptions, criminal law should not be written by initiative promoters. The 9th U.S. Circuit Court of Appeals made that clear last week by striking down the Proposition 35 requirement that…
Read MoreMonth: November 2014
MN: Millions in legal costs trigger belt-tightening at Minn. human services agency
The Minnesota Department of Human Services, a giant agency with 6,628 employees and a biennial budget of $28.2 billion, is imposing limits on everything from filling vacant positions to out-of-state travel. The belt-tightening became necessary to bring the agency back on fiscal track after it racked up more than $4 million in costs from litigation over the treatment of sex offenders and the alleged abuse of people with disabilities, among other costs. Full Article
Read MoreOK: Federal court ruling could soon affect Oklahoma sex offenders
OKLAHOMA CITY – Thousands of Oklahoma sex offenders could soon have free reign on the internet after a federal appeals court ruled it’s a 1st amendment violation to monitor their online activity. Right now, most sex offenders in our state are not allowed to use the internet. The recent ruling was on a California case, but it’s expected that the federal court that oversees Oklahoma cases will likely review it and make a similar ruling. Full Article
Read MoreBermuda: Public sex offenders list on agenda
Both political parties have come together in support of a committee to investigate how the Island should deal with sex offenders. The motion, moved during Friday’s session of Parliament by the PLP’s Zane DeSilva and amended by OBA backbencher Mark Pettingill, would create a joint select committee to examine existing legislation surrounding the sex offenders registry, and other matters related to convicted sex offenders. Full Article
Read MoreInternational Travel Experiences
Please supply your recent experiences with traveling abroad using the format below plus your comment / narrative. This is intended to collect experiences AT THE PORT OF ENTRY IN THE FOREIGN COUNTRY – Fall 2013 and later and being detained, denied or allowed in. NOT about re-entering the US and secondary inspection. It is assumed that there were no issues before Fall 2013 / early 2014 and that there is always a secondary inspection in some form upon returning to the United States. In the interest of organization please copy…
Read MoreBut officer, really…that’s not who I am…
Things come in threes, they say–whoever “they” are. I sincerely hope not. Before eight o’clock on this gloomy Saturday morning, I had read two articles dealing with this topic, and I sincerely hope not to see a third. The two I read did an adequate enough job of raising my blood pressure. The topic? Mistaken identity. Men arrested, held in jail, brutalized, lives destroyed, all because they were mistaken for a wanted sex offender. Full Op-Ed Piece
Read MoreInterpol and Green Notices
Interpol is an international organization but one with autonomous national branches in each of its member countries and which fall under the laws of those individual countries. The U.S. has its own Interpol force (Washington Interpol) which acts as a representative to Interpol, the international organization. Washington Interpol is composed of American citizens who are U.S. government employees (both Dept. of Justice and Homeland Security). As such, they must entirely adhere to U.S. laws and must operate within limits defined by the U.S. Constitution. This is how we can, and…
Read MoreCA Sex Offender Management Board Supports Tiered Registry Bill
The California Sex Offender Management Board (CASOMB) decided at its meeting on November 20 to support a draft tiered registry bill that includes the termination of registration requirements for some registered citizens after 10, 20 and 30 years of their conviction while continuing lifetime registration for others. The text of the draft bill has not yet been released to the public but its contents were discussed during the CASOMB meeting. According to discussions at the meeting, the bill would designate registered citizens as Tier 1 (10 year), Tier 2 (20…
Read MoreOnline rights restored to sex offenders as Prop 35 is struck down (Radio)
The United States 9th Circuit Court of Appeals has struck down part of California’s Proposition 35, citing an infringement on free speech that is guaranteed by the First Amendment. Prop 35, a bill put on the ballot via initiated state statute, increased prison terms for human traffickers, required sex traffickers to register as sex offenders, and mandated that all registered sex offenders disclose their internet accounts, among other restrictions. Having been approved by 81% of the state’s electorate, the proposition passed with the highest success rate of any item on…
Read MoreNational City Repeals Sex Offender Ordinance
National City’s lawmakers voted unanimously Tuesday night to remove an ordinance restricting predatory sex offenders from parks and other places where children gather. The 2005 rule said convicted sex offenders must stay 300 feet away from schools and parks. So why did the city council make such an unpopular move? Full Article
Read MoreAppellate Court Affirms Decision to Block Enforcement of Prop. 35 Requirements
The Ninth Circuit Court of Appeals today affirmed the decision of a federal district court to block enforcement of Proposition 35 requirements that all registered citizens provide a list of any and all Internet identifiers as well as any and all Internet service providers to law enforcement. California RSOL is a plaintiff in this case and was represented by the San Francisco ACLU as well as the Electronic Frontier Foundation. According to the decision, the requirements violate the 1st Amendment of the U.S. Constitution in at least three ways: (1)…
Read MoreCA Sex Offender Management Board to Discuss Tiered Registry Bill
The California Sex Offender Management Board (CASOMB) will discuss at its meeting on November 20 a tiered registry bill that would allow some registered citizens to leave the registry in either 10 or 20 years. The meeting will be held at 660 Bercut Drive, Sacramento, from 9 a.m. to 3 p.m. and is open to the public who may speak up to 3 minutes. “Copies of the draft bill have not been made available to the public, however, the bill was discussed at the CASOMB meeting in September and that…
Read MoreLAUSD Sorry It Successfully Argued Girl, 14, Consented to Sex with Teacher
The Los Angeles Unified School District (LAUSD) didn’t have a problem with attorney W. Keith Wyatt when he successfully defended them in a lawsuit last year by blaming a 14-year-old girl for having sex with a teacher. It saved the district a lot of money. But they do have a problem with him now after word of how he won the case received publicity last week and he told public radio station KPCC on Thursday, “She lied to her mother so she could have sex with her teacher. She went…
Read MoreLos Angeles schools drop lawyer who won suit after blaming 14-year-old for sex with teacher
LOS ANGELES — The Los Angeles school district on Friday removed a lawyer who successfully defended it in a sexual abuse lawsuit in which he told jurors that a 14-year-old girl who had sex with a male teacher shared responsibility despite her age. The trial victory spared the cash-strapped district a potentially pricey verdict, but news of the trial strategy and remarks by attorney W. Keith Wyatt that it was a more dangerous decision to cross the street than to have sex with a teacher drew criticism. Full Article Related…
Read MoreThere’s Hope Even for Sex Offenders (Editorial, 2012)
The war on sex offenders makes sense only within a large historical context. My generation grew up practicing air raid drills in classrooms where the teachers made us crawl under our desks in case the real thing took out Cleveland or Buffalo. Neighbors were stocking their bomb shelters with canned goods and ammunition. We lived through the Cuban Missile crisis unsure if hour by hour the human race would survive. Full Editorial (2012)
Read MoreFL: Lawmakers tighten limits on sex offenders
FLEMING ISLAND, Fla. – Florida Lawmakers have passed numerous laws punishing those convicted of sex crimes and this year added more laws designed to keep the worst of the worst away from your children. The Legislature made tighter laws after it was reported that 594 sexual offenders had gone free since 1999, only to commit 463 child molestations, 121 rapes and 14 murders. Also fresh on their mind was the summer 2013 abduction, rape and murder of Cherish Perrywinkle, an 8-year-old Jacksonville girl. A registered sex offender, Donald Smith, will…
Read MoreL.A. Unified says girl, 14, could consent to sex with teacher
L.A. Unified officials are coming under fire for allowing their attorneys to argue that a 14-year-old student was mature enough to consent to sex with her middle school math teacher. The arguments were made in a civil case that was filed last year by the student, who was seeking financial compensation from the district. She said she suffered emotional trauma from a five-month sexual relationship nearly four years ago with her teacher at Edison Middle School in Los Angeles. Full Article
Read MoreMI: Former judge says sex offender registry gives ‘false sense’ of security
Does the sex offender registry really keep you safe? A former West Michigan judge says it’s giving you a false sense of security. Newschannel 3 looked into those claims, taking our search across state lines to see how sex offenders are tracked in other areas. You can search for them by your address or your entire city, finding their home address, and even where they work. But does knowing where a sex offender lives keep your family safe? At least one former judge doesn’t think so. “People have a false…
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