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LA: Lake Charles man arrested after not paying state sex offender fee

LAKE CHARLES, LA (KPLC) –A Lake Charles man was arrested after he didn’t pay the required $60 state sex offender fee authorities said.

Lake Charles police detectives arrested ____ ____ ____. Wednesday and booked him into the Calcasieu Correctional Center, according to Deputy Chief Mark Kraus. He is charged with failure to register/notify as a sex offender — failure to pay fee. His bail is set at $2,500. Full Article

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  1. David

    We’ll make it impossible for you to get a job then we’ll throw you in jail for not being able to pay the asshat fee we created. This is clearly ex post facto punishment!
    (Or is it just the standard Price Club membership fee?)
    Memory fails me, but I suspect the Nazis required Jews to pay for their own mandatory registration.

    • Q

      The Nazi’s purposefully impoverished the Jews by way of legislation; just like what happens here every day. This is a good read. It’s said that history repeats its self, and apparently it’s repeating its self here with the seemingly never ending stream of laws, statutes and ordinances aimed specifically at people forced to register here in the USA. If you read this you will see many parallels with Nazi laws aimed at Jews and sex offender laws aimed at registrants. It’s undeniable.

      excerpt;

      “Following the Kristallnacht (commonly known as “Night of Broken Glass”) pogrom of November 9–10, 1938, Nazi leaders stepped up “Aryanization” efforts and enforced measures that succeeded increasingly in physically isolating and segregating Jews from their fellow Germans. Jews were barred from all public schools and universities, as well as from cinemas, theaters, and sports facilities. In many cities, Jews were forbidden to enter designated “Aryan” zones.”

      http://www.ushmm.org/wlc/en/article.php?ModuleId=10005681

      • Eric Knight

        It must be stated that Jewish people were the main target because of their wealth. But the registration process did not START with them, as the people would not have accepted it right away. What happened is they did this registration and restrictions on those individual whom were despised by EVERYONE, which were (of course!) sex offenders.

        The famous line “First, they came for the Jews, but I didn’t say anything because I was not a Jew” is factually incorrect. First, they came for the sex offenders. Once they established the process, at the same time the government was starting to instill separation of whites from the Jews. The REAL reason, by the way, was not because of their ethnicity, but because they had a significant portion of the wealth that needed to be stolen by the government for Hitler’s war purposes.

        He knew human nature better than most. Precisely what the government in the United States is doing now, I might add. Sex offenders are the first to be segregated; once that happens, it’s easier to justify greater amounts of segregation of the citizenry.

        Sorry I got a bit long but it’s 1935 Weimar republic all over again.

        • Q

          I googled the search parameters

          “did the nazi’s persecute sex offenders before they persecuted the jews?”

          and

          “did the nazi’s persecute child molesters before they persecuted the jews?”

          and the results are totally about homosexuals. Apparently the first laws were enacted in the 1800s during the 2nd Reich. Those laws were not enforced often until the Nazi’s in the 3rd Reich modified them in a manner that sent thousands upon thousands to the death camps. It appears you are correct; I never knew that about the Nazi’s. BTW; the Nazi’s by and large left lesbians alone for the most part.

        • Timmr

          Q, I remember reading a paper on the evolution of the legal system in Germany from before the Wiemar Republic through the Nazis. I don’t remember many of the details, but I do remember that the Nazi system paralleled our own, particularly in its punishment of juvenile offenders as adults and progressively convicting children at younger and younger ages. They were mostly male juvenile offenders, because women were seen mainly as victims.
          I tried hard to locate that paper on the internet, but have been unsuccessful. Come to think of it, maybe it was on Oncefallen’s site. Anyone come across something like that? I copy everything now.

    • td777

      Maybe this will result in the lawsuit that eventually gets SCOTUS to revisit that claim that it’s not punishment. One can hope!

  2. David

    I am of mixed feelings about these fees and for the following reason: its imposition, where it is imposed, puts sex offender registration laws in a particularly revealing light, making dramatically clear that they are not about civil regulation but about punishment. A person who clearly does not benefit from fees which they are being compelled to pay (under threat of arrest and imprisonment) is not someone about whom it could be said is simply being “regulated”. Instead, it can only be seen as a “fine” which serves as punishment for simply existing, one without the accrual of any benefit to himself whatsoever.

    I think that this documented practice, which seems to be in place in a number of states, would surely be terribly useful evidence for any Supreme Court challenge of sex offender registration laws.

    • Kevin

      Unfortunately, a U.S. District judge in Chicago ruled that registration fees are not fines, they are fees. The judge said they are comparable to the fee charged to obtain a passport. He said if there were no passports there would be no fees. What he neglected to realize is that obtaining a passport is choice that one can make. I can choose not to travel internationally and thus not have to pay for a passport. My only options for not paying my yearly $100 registration fee is imprisonment or death.

      http://m.jsonline.com/news/blogs/242287821.html

      • New Person

        An imposed fee with consequences that results in jail and felony. If one doesn’t pay for the passport fee, then the worst thing that can happen is the person does not travel abroad. The fee exists because you breath.

        This judge isn’t comparing apples to apples.

      • Eric Knight

        When judges make such decisions, I am actually more angry at the fact that crappy arguments were litigated by those supporting OUR side. If Janice or Chance were arguing against the fee, not only would the constitutional argument be articulated, but so there is a TON of precedent in cases that would easily show the “fee” for what it is: punishment.

        The fact that not paying a fee is a felony is something that can be easily destroyed in most courts of law. If one argues effectively, then one has a basis for an appeal in the case of getting the rogue judge.

      • David

        Another point: if the benefit of the civil regulation of “sex offenders” accrues to the community then the cost of that benefit should be borne by that community, not by the individual who clearly receives no such benefit. To do otherwise is, unequivocally, punishment beyond that already imposed upon the registrant.

        The Chinese practice of charging the family of the condemned for the cost of the bullet to kill him is not an entirely inappropriate analogy here.

        I don’t worry much about a lower-court judge’s previous rulings in this regard. This small, but telling, element in an overall larger corpus of evidence which can be brought to bear in an eventual SCOTUS challenge will contribute to the aggregation of manifest injustice that must be weighed and considered by the Court.

      • SecretTrial Backhallway

        Exactly Kevin…the missed point and fundamental principle to this ‘fee’ by that judge was freedom of choice to pay a ‘fee’…..of course there was no such choice here.
        Coercion…extortion under threat of jail loss of freedom.
        President Kennedy said one of many differences between democracy and the communist system was that they use coercion to control people whereas we have freedom of choice as long as that freedom doesnt harm someone else’s .
        The ‘fee’ should be further challenged…coercion is not freedom of choice to pay a fee.
        Deprivation of civil rights.

  3. USA

    Great to here! The guy is probably homeless, unemployed and hopeless. So, where would he get the money? This is a very disturbing article. The registered people are required to pay to register? If this isn’t punishment, I don’t know what is. You need to sue this State!

  4. j

    What an extremely critical piece of police work (detectives really?) and truly a cornerstone effort to maximize public safety.

    This law falls clearly under entrapment. What is in the water there that makes public officials so dumb and hateful?

  5. Commenter1

    In the 1971 US Supreme Court case Tate v. Short (https://supreme.justia.com/cases/federal/us/401/395/), it was found to be unconstitutional to impose a fine as a sentence and then automatically convert it into “a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full.”

    In the 1983 ruling for Bearden v. Georgia the Court ruled that the Fourteenth Amendment bars courts from revoking probation for a failure to pay a fine without first inquiring into a person’s ability to pay and considering whether there are adequate alternatives to imprisonment.

    If he didn’t have the money then they can’t legally lock him up per this U.S. Supreme Court ruling.

    Maybe it’s a “fee” and not a “fine” as David stated above. Remember people – sex offender registration and sex offender restrictions are supposedly not punishment. They are established civil practices to protect public safety. We all know this is all really punishment disguised as something to protect the public.

  6. mike r

    It’s crazy that this country can makes laws that are verbatim of the Nazi regime and think its ok. It shouldn’t matter who it applies to its the begining of Nazi Germany all over again

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