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Watch the March 3 D.C. Vigil on live streaming!
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PROGRAMMING ALERT:
On the Oxygen network for tonight, the documentary of the sex offender murderer Jeremy Moody is being shown. Details here:
http://www.inquisitr.com/3389268/jeremy-moody-christine-moody-neo-nazi-skinhead-couple-plotted-vigilante-murder-of-sex-offender-on-snapped-killer-couples/
Part 1: https://www.youtube.com/watch?v=7IOih1brvuo
Part 2: https://www.youtube.com/watch?v=Xta2IXE8-p4
Part 3: https://www.youtube.com/watch?v=3cK_fshveAg
Sick, sick people; even sicker people who cheer these idiots on.
My husband finally gets off probation this Wednesday. But of course, L.A. County had to get another search in this past Friday (That’s the third search in twelve months). We fully expect to have a search from Long Beach’s goon squad in the next two days (I mean, their time to humiliate us is fast expiring). My questions are: Since my husband is on GPS monitoring and they can tell when he’s home, will they search the house if he’s not home? What about if no one is here at all? My husband’s heard horror stories about probation officers busting the door down to conduct a search, but we don’t know how true the stories really are.
Mike R, and others researching how to challenge the registry at its heart instead of challenging just new legislation (which is also critical, Thanks Janice!):
I found this interesting web page discussing what suits can be brought against the government to challenge unconstitutional laws:
https://home.ubalt.edu/shapiro/rights_course/Chapter7text.htm
One interesting part at the end describes how a group that can’t afford a lawyer can bring about a Class Action lawsuit due to the “Attorneys’ Fees Awards Act”. The lawyers are paid if they win by the government.
Also, I was wondering if anyone has tried to use the following precedent to argue against how the registry and IML unconstitutionally uses the “one size fits all” to everyone convicted (or given deferred adjudication) for what legislators arbitrarily determined to be sex offenses:
U.S. v. DAVIS•452 F.3d 991, 995 (8th Cir. 2006)
Federal law requires the district courts to consider the “nature and circumstances of the offense and the history and characteristics of the defendant” when crafting a special condition of supervised release. See 18 U.S.C. §§ 3553(a)(1), 3583(d)(1); cf. United States v. Heidebur, 417 F.3d 1002, 1004-05 (8th Cir. 2005). That inquiry must take place on an individualized basis; a court may not impose a special condition on all those found guilty of a particular offense.
Appropriating the reasoning from DAVIS permits sex offenders to argue that if a probationer may not have special conditions imposed on all those found guilty of a particular offense, then a person who has completed probation and been deamed fit for release into society has the same, if not greater, interest in being free from restrictions imposed on all persons defined as “sex offender” when the term “sex offender” refers to not just one particular offense, but a large group of offenses arbitrarily chosen by legislature to have a sexual component, and for an arbitrary duration unrelated to an individual’s present dangerousness.
Thoughts?
be perfectly clear here i am not an attorney but in my experience with parole I can almost guarantee that if he is home with his GPS showing him home that they will kicked the door in if he is on probation or parole and not answering the door…my god a couple days left on parole just comply and get off that shi….it sure as hell is not worth a violation which they would probably also do if he doesn’t answer the door…
On another topic of challenging SO laws…
**************
https://en.wikipedia.org/wiki/Strict_scrutiny
U.S. courts apply the strict scrutiny standard in two contexts: when a fundamental constitutional right is infringed,[1] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or “liberty clause” of the 14th Amendment, or when a government action applies to a “suspect classification,” such as race or national origin.
To pass strict scrutiny, the law or policy must satisfy three tests:
1) It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of a large number of individuals, and not violating explicit constitutional protections.
2) The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored.
3) The law or policy must be the least restrictive means for achieving that interest: there must not be a less restrictive way to effectively achieve the compelling government interest. The test will be met even if there is another method that is equally the least restrictive.
“The Supreme Court has established standards for determining whether a statute or policy’s classification requires the use of strict scrutiny. The class must have experienced a history of discrimination, must be definable as a group based on “obvious, immutable, or distinguishing characteristics,” be a minority or “politically powerless,” and its characteristics must have little relationship to the government’s policy aims or the ability of the group’s members to contribute to society.”
*************
So to me it sounds like SO laws, and the SO registry itself being made public, easily fall under the “Strict Scrutiny” umbrella and should be declared unconstitutional. There are easily “less restrictive” ways to accomplish the state’s goals of protecting children from predators other than a public list that keeps families homeless, drives down property values, and keeps registrants from ever gaining meaningful employment. If a court has a fair hearing and determines an individual a threat after release then they can notify nearby residents by mail or in person or commence with civil commitment hearings in extreme cases.
Why is it constitutional to lump minor offenses with repeat child rapists if Strict Scrutiny is applied?
any way just in case anyone is thinking about maybe setting up 1 or 2 communes here is a book that you can google to help better understand why and hows , as well as some much needed info , and even find more info , book points to other places to look , the book is ………….. the 60’s Communes Hippies And Beyond Timothy Miller
Janice – Is there a copy of the agreement Cypress made in writing about not enforcing their residency restrictions available for download? My wife and I are looking to move there and I would like to have that letter “in my back pocket.”
It takes me sometimes hours and repetitive posting to get it to stick….
72FLH:
So what happened to coming here? You disappeared. Tried contacting you multiple times and ways and yet no response nor explanation here.
Got one look at my shack and figured that was in your future? lol
I wonder how many missed opportunity’s and misunderstandings happen from those that jump to conclusions. I bet it’s astronomical.
Anyway good luck getting out of the place you’re in. No hard feelings. Not sure if it’s what you’re looking for but slab city might still be around. That’s mighty rough living too though.
Missippipi woman convicted of having Sex with dog will have to register a sex offender.
Somehow I doubt the dog felt victimized and was having a howling good time.
http://www.breitbart.com/big-government/2016/08/10/police-say-mississippi-woman-was-having-unnatural-intercourse-with-dog/?utm_source=facebook&utm_medium=social
I heard she won’t be allowed to live within 1000′ of a kennel.
Take so long for passport thing get going. I live in Hawaii and want to travel Vietnam next year. Don’t know if they turn me down with new passport scarlet mark. I believe supreme court wont stop registry anytime soon. But they have to stop passport mark and warnings because every country in world start turn away sex offenders because of Interpol and passport mark, It got to be unconstitutional.
I have good friend who dad grew up in American south. They said sure he could vote after he past reading and history test. Friends dad also told me only 120 blacks in his county were registered. That what I feel about this megan law. True that sex offenders have legal freedom of travel internationally, but American government uses other tricks to stop us from traveling
OK, well obviously do what you think is best. You just seemed excited then you vanished. I’ll start looking for others then. Not into communes, my place was going to be a semi to permanent place for a few people. I don’t have to pay anything here other than land tax so I figured I’d pass it along. I might charge rent on some of the other properties but not this one. Here, I wanted people that would look out for my cabin while I moved to a future remote location.
I’ll be off this mess next year I think so my eventual plans are to change names and buy a large remote parcel. The last part will take a bit but it’s on the way.
Anyway, good luck and I hope everything goes well at the doctors. Take care.
Question for those that have been fortunate enough to be removed from Megan’s Law website but still have to register (like myself).. My convicted has been reduced to a misdemeanor and expunged. I’m no longer listed on ML as of a few months ago.
I’m pretty sure that background checks will show if you are a 290…if you are listed on ML. What about those who are not? Anybody had a clear background check that isn’t listed on ML and has been expunged? Curious what my chances are of passing a typical employer background check. Been a little over 3 years since my conviction for possession.
a must read
The Evolution of Unconstitutionality in Sex Offender Registration Laws Catherine L. Carpenter* and Amy E. Beverlin**
In theory an expunged conviction isn’t “supposed” to show up on a background check…unless of course it involves the government in any way. This would include anything that requires a state license or even working for somebody that does work for the government. If you work for a janitorial service that tries to get a contract cleaning out trash cans inside a government occupied building…most likely you will be declined after a background check that will show any/all arrests and convictions. They will have you do a live scan and you’re toast.
I don’t plan on applying for any government jobs but would like to apply for some private sector jobs now that I can answer “No” on job applications due to the expungement I was granted. Just worried that even though it has been expunged…something will be reported (even if it’s not supposed to) on a background check. I’m no longer listed on ML but that doesn’t mean it’s no longer going to show up. I did pay for an online background check on myself and the background check appeared to show info that was gathered from the ML site. rather than court records. There were no details of my arrest on the background check, so perhaps the expungement worked as far as that goes…but the expungement was somewhat worthless as far as a background check goes if a background check will show info extracted from ML. At the time…I was still listed. I’m no longer listed but have yet to run another background check on myself. Hoping that any background check done on me by potential employers isn’t thorough (good) enough to show it. It has been over 6 months since my expungement…so I’m hoping enough time has gone by to ensure that all the databases have been updated to reflect the expungement which means it “shouldn’t” show up.
I’m wondering what results other 290’s have had when it comes to background checks after having their conviction expunged. I guess I’m hoping to hear from some people with success stories before I put myself out there by applying for jobs. Figure I have to avoid companies that might have government contracts of any kind. They will require deep background checks on anyone working even as a subcontractor if that person has access (physical or otherwise) to any government systems, facility, etc. Of course…schools are also off limits. I also need to avoid any jobs that might require travel….don’t need the red tape (ravel and/or residency restrictions) that could come from that. The last thing I need is take a job and be doing great and then one day they tell me they are dispatching me to a school. Or they get some sort of government contract that will require everyone to do fingerprint cards, Live Scan, and background check.
I know there are laws that state that employers aren’t allowed to use expunged convictions against you (government jobs not included). but the fines associated with these laws are a joke (hundreds of dollars) and good luck proving that’s why a company didn’t hire you.
This is a old article from Rolling Stone in 2006 about Dennis Hassert and Foley. Two powerful guys that had a lot to do with sex offender laws. Ironic.
http://www.rollingstone.com/politics/news/the-ten-worst-members-of-the-worst-congress-ever-20120112
MS,
Wishing you well, in your job search prospects.
I too wonder what will show up in a background check when I’m done with school in the next three years. I was busted for having four picture files of a sixteen year old on my computer back in 2001. and was convicted of misdomeanor 311.11(a) better known as child porn ( really I hate the word child, fully grown teenager) in any case. I had to go to jail for 120 days and had the case dismissed in 2006 via an expungement and was never placed on the public ML website. Will be applying for a COR in 2018 a year prior to graduation, just did not want to spend the money until enough time has gone by to better my chances of receiving the COR.
Just hoping things workout, considering the seven years of hardcore engineering studies, if not I have done what I can and will continue to work this low paying dead end job til I die. Man this ML stuff sucks
Just a quick thought, wouldn’t this be a great time to start a new group to reform laws/sentencing laws and gear it towards rehabilitation and training. i mean with all the things going on right now in the US it could turn into one hugh group that could actually demand change; black lives matter, price club members, past felons. – could make a law that after you completed your sentence all your rights are restored not just some, reform sentences, make all sentences the same for example a factory worker touches a child and goes to prison for 30 years and becomes a member of the price club vs a cop that does the same thing and it is reduced to a misdemeanor and cop is shortly after promoted to chief of police. maybe call it: ALL Lifes Matter
Lake County: I’ve been reading a lot about the fires out in your area. I hope all is well with you and yours.
Just learned it was caused by arson. I know California has an arson registry, and I bet he isn’t on it because well all know how well registries work. /sarcasm
We’ve had fires here in Milwaukee…..but not of the natural sort
Erwin, thinking of you last night watching the news. The fuel of discontent sounds like it has piled up for some decades, though, took a well placed bullet to ignite it. Sounds like the mayor and the folks in Madison are feigning surprise at the blaze. Love to hear your take on it all, even if it is not directly tied to registrant issues.
Was hopeful I could get some advice here.
I am currently in school trying to get a BS in Clinical Lab Science. Part of the curriculum is that you have to take a one-year internship at a hospital for your senior year. I applied to a few hospitals, but did get accepted into one.
Then when the background check came back, my enrollment was rescinded. My original (and ONLY) charge was child pornography, but the criminal report showed that I had a 2nd failure to register charge. I had the report fixed to show the correct charge, but the hospital did not change its mind.
I was not given a detailed reason why I was accepted then rejected beyond what was in the report, nor do I expect them to give me one. During the interview, and on the application, I did notify them of my crime, but I admittedly played it down as was advised by my mandated therapists (I said I was convicted of “illegal images”). So I’m not entirely sure why everything happened.
My school (who may not be aware of my status, but will be when I have to explain everything) is concerned that this will happen again at other hospitals I apply for. Lab experience in a clinical setting is required, and I am told background checks are unavoidable.
The irony of this is that I currently work as a janitor in a VA hospital, who was hired despite going through the same background check, and has more contact with patients now than I would have in a lab position (I don’t remember how honest I was about my crime in the application).
So, two things:
1. How do I explain my offense in a future job application (clinical or not) without sounding like scum of the earth, because the past advice certainly didn’t work.
2. Should I ask the hospital the specifics behind their decision? It either might help me in the future or drive me to drink.
Thanks for reading.
Can a manager of a senior apt complex block my husband from entering property from visiting his very elderly parents
This question may have come up before on this forum. I live in Kansas City Mo where I’m required to register for 15 years. I plan on just visiting Cali for 3 weeks and I know I have to check in on the state registry. When I leave the state and return home to Missouri, will my name stay on the California registry forever like in other states I heard about such as Florida?
Thanks. Peace
New California legislative headache/danger – for everyone!
California Assembly just passed a bill to eliminate the statute of limitations on rape and other felony sex offenses!
http://www.latimes.com/politics/essential/la-pol-sac-essential-politics-updates-california-assembly-votes-to-remove-1471554298-htmlstory.html
I say this is a major problem for all of us because you don’t have to be guilty to be accused and put on trial. Imagine now being accused of a rape from, say, from 1982 and having to try to defend yourself. How? I would have no idea even where I was on Sept. 23 at 8:20 p.m. in 1982! I wouldn’t even know if have an alibi, and if I did, that alibi is probably long since dead of old age anyway or any records of it long since gone.
So, now I can see mistaken or outright false accusations against any registrant – we are sitting ducks because we have the prior.
Additionally, we all are now open to extortion. All some golddigger needs to do is threaten to make such an ancient allegation against us that we can’t defend against at this point, unless we pay up. And if you don’t pay up, you might as well just check out — you’re a registrant, obviously you probably did it — and unfortunately, that’s as far as you will find nearly all juries considering it (yes, I know they can’t always bring up the prior, but they have changed that for many sex offenses).
This was in response to the Bill Cosby case. I guess this means Cosby will be charged with that old cases after all.
Of course, the bill was passed unanimously. It now goes to the Senate, which previously unanimously passed an alternate version.
For me, I know I haven’t done anything. But I am now extremely fearful of a false allegation.