2012 – New York’s Sex Offender Registration Act (SORA) imposes a lifetime of police supervision on tens of thousands of persons who have already served their sentences. It is applied retroactively to people whose offenses were committed before its enactment. A person pleading guilty to a SORA-eligible offense need not be told that this additional sanction will be imposed. His or her risk level may be assessed based on charges that were dismissed as part of the negotiated plea. Statements that he or she has never had the opportunity to cross-examine may be considered “clear and convincing evidence” of their truth. Indelible, lifetime deprivations of liberty are made in 5-minute hearings where the defendant has fewer rights than an insurance company contesting a payout.
How is this possible? Because, we are told, SORA is not punishment. It’s strictly regulatory, like labeling a poison and putting it on the FDA registry for the safety of the public. Full Article (from 2012)
Alaska Citizens Action Network “The “individual” may stand upon “his Constitutional Rights” as a CITIZEN. He is entitled to carry on his “private” business in his own way. “His power to contract is unlimited.” He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no duty to the State, since he receives nothing there from, beyond the protection of his life and property. “His rights” are such as “existed” by the Law of the Land (Common… Read more »
Pat I concur with you with the up most sincerity. And offer the following information on the Spanish or Iberia “Fuero” A parent root for our present day laws, for all to profit from. https://en.wikipedia.org/wiki/Fuero Fuero dates back to the feudal era: the lord could concede or acknowledge a fuero to certain groups or communities, most notably the Roman Catholic Church, the military, and certain regions that fell under the same monarchy as Castile or, later, Spain, but were not fully integrated into those countries. The relations among fueros, other bodies of law (including the role of precedent), and sovereignty… Read more »
@ Pat: “He owes no duty to the State, since he receives nothing there from, beyond the protection of his life and property.”
No offense, Pat, but doesn’t every citizen of Alaska receive an Oil Royalty Fund check of $1,000 – $2,000 per year? (Verified on Wikipedia.)
I’m just sayin’.
I don’t know, if someone is protecting my life and property, I would feel obliged to owe them something.
We gonna do something about that NY BS.
PK – Do you live in NY … I’ve been considering a way to be removed from the list – It is with a certificate of relief of disabilities. If you read it, it removes all disabilities. If registration is not “punishment” and just “disability” i think it should work – however I do not have time, or money to push this issue in court sadly
I haven’t lived or worked in NY for over 15 years and that is what the problem is. Hopefully I’ll get a chance to elaborate about this issue.
A certificate of relief from disabilities won’t get you off the SORA registry, But if you’re level 2 or 3, you can file a petition under NY Correction Law 168-o to have your risk level reduced. Consult a reputable lawyer.
Appellate, how successful are these petitions these days? I’m considering that.
Years ago, someone told me that Judges in Nassau County rarely grant a level reduction.
Appellate Squawk, do you know of a case that has decided this? I cannot figure out how a certificate that relieves all disabilities cannot relieve this one, since sora is a “disability” . If you have a case can you post it, otherwise moderators can you please send him or her my email address. Thank you
Amen , Pat.
There are other pillars of granite so to speak,
That can stop this nonsense of mistreatment of civil rights, human Rights, & our Constitutional Rights this country is SUPPOSED to represent to the world it protects.
The iml is mistreatment in one issue of several that can be stopped by some pillars of granite arguments that have not been utilized.