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“Shaming the Constitution: The Detrimental Results of Sexual Violent Predator Legislation” (Book)

The title of this post is the title of this notable new book authored by Michael Perlin and Heather Ellis Cucolo which provides a fitting follow-up to prior posts in this space this week concerning problems with sex offender recidivism data and expanding use of crime registries. Full Article

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  1. Tom

    Yea they use all of this data to hand out presumptively and predetermined mental health diagnosis without even actually giving you a lawful mental health or medical disorder. They just say you are violent, dangerous, and relativistic, and a threat to the public safety. They don’t even tell you that they are giving you a mental health diagnosis, lol. Boy these guys are clever and dangerous to this country since they can illegally give you a mental health status and condition and just call it registration. This country is totally lost, and no one even raises this issue.
    So you get a conditional release with custody and control, supervision, management, and guardianship by all of those persons involved and it’s attached to your conviction. But they claim its not civil or criminal double jeopardy or illegal deprivation of procedural and substantive rights even when they give you a mental health diagnosis, illegally.
    What a legal system we have, a utter joke.

    • ReadyToFight

      I agree. I never got an evaluation other than the one for probation.
      It’s nothing but job security to them.
      The truth will rise to the surface.
      It always does.

    • Timmr

      They are continually try to treat the registrants’ assumed afflictions legislatively by by using quack remedies like banning registrants from parks, parents from schools, regulating and monitoring time on social networks, and treating situations such as being near children like viruses needing to be avoided at risk of infecting the patient/former offender.

  2. Bruce Ferrell

    Uh, Tom, did you even READ the summary of the book?

    The book is more on our side than those knee jerk reactions you talked about, and seems to detail exactly why those reactions are incorrect.

    That makes sense as one of the authors is an attorney with a background in criminal defense, as it relates to mental disabilities and is a professor at New York Law. Those are the kind of chops that are needed in our struggle.

  3. Tom

    I think the idea that it’s a punishment has run its course. But if you use the regulatory law aspect you can get somewhere. You segmental health laws are regulatory and they provide a lot of procedural and substantive due process. And since the entire basis of soras is a mental health status and condition that you will offend, they have to prove it with a jury trial, a probable cause hearing, psychiatrists and mental health testimony and evidence.
    Just take a look at your state mental health processes and procedures, they will tell you that first and foremost you must get treatment, and confidentiality, and a whole slew of protections your not getting through the automatic and mandatory and predetermined illegal mental health diagnosis you have been placed under their custody and control through.
    Yup they were really slick, but the jig is up. You have all been illegally diagnosed as nuts, and they have given you a conditional release they just call registration. It’s just a substitute for a mental health law.
    It will never be called a punishment but it certainly can be called a mental health law, and one that is illegal as can be, lol.

  4. kat

    Just started reading this book and it is fascinating.!
    Didn’t know that J Edgar Hoover’s concern that “we don’t let wild animals roam the streets so we shouldn’t let SO’s roam the streets either” was a major factor in the screwed up registry that we now have. (He had a few of his own skeletons in his closet if I’m not mistaken.)
    Hope the courts and justices start using this “new and improved” fact filled info when deciding about people’s lives rather than old, out-dated, inaccurate magazine articles.

    • Timmr

      That is interesting. What’s the title of the book? Today someone was telling me about the America First movement and some of its defenders of Nazi Germany. I remember hearing Hoover was partial to Hitler. I am not a conspiracy addict, but things just don’t pop up out of nowhere, they are tied to other ideologies often and have a historical thread. The sexual psychotic scare of the fifties coincided with the McCartyism and the proliferation of sex offender laws is marching in step with the war on terror.

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