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The Lingering Impact of Justice Kennedy’s Trumpesque Claim About Sex Offenders

Last week Robert Montgomery, a senior deputy attorney general at the North Carolina Department of Justice, seemed to have little success convincing the Supreme Court that his state’s law banning sex offenders from social media is consistent with the First Amendment. But at least one statement Montgomery made in defense of the law went unchallenged, even though it has no empirical basis. “This Court has recognized that [sex offenders] have a high rate of recidivism and are very likely to do this again,” he said. “Even as late as 20 years from when they are released, they may recidivate.” Full Article

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Questionable Statistic Pervades High Court Sex Offender Cases

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I’m starting to see a trend here.

Let’s hope the Justice’s and their 3-4 legal assistants read news and know how to research and fact check now, unlike in 2002 and 2003.

this isn’t even my updated cases and what’s it saying????evidence, evidence evidence… When “particularly important” interests are involved in a civil proceeding, whether or not physical restraint is threatened, the United States Supreme Court has mandated a clear and convincing evidence standard of proof and stated that, “[n]otwithstanding ‘the state’s “civil labels and good intentions,” ‘ . . . this level of certainty [is deemed] necessary to preserve fundamental fairness in a variety of government-initiated proceedings that threaten the individual involved with ‘a significant deprivation of liberty’ or ‘stigma.’ ” Santosky v. Kramer, 455 U.S. 745, 756 (1982) (requiring clear… Read more »

Way to go Mike r. And you almost hit the right questions about evidence and the SORAs. Here’s what is really illegal about Soras and no one talks about it and is especially relevant about evidentiary standards such as clear and convincing evidence. I know someone who is affected by these laws. A Sora is really a mental health law and diagnosis that presumptively predetermines a person is recidivistic, dangerous, and violent, and is and always will be a threat to the public safety. And they give you no probable cause hearing or individualized psychiatric or other examination but merely… Read more »

It is illegal because the legislators are doing the diagnosing, usually based on the testimony of one victim of a high profile, shocking but rare crime and the remedy applied to everyone, 94 % of the public accepting that as truth. It needs to go.

Yea I bet you weren’t told your under their custody and control either, that alone is illegal according to due process and a reason to be released from a soras. Bottom line, These soras are not registration laws, they are mental health laws. But they don’t give you any of the benefits of a legal mental health act. This is a huge fraud and the sooner you all start looking at it this way the sooner this nonsense will go away, at least after your sentence. When this is recognized as nothing more than an illegal conditional release with custody,… Read more »

in order for the SCOTUS to ignore the facts and evidence they would have to overturn countless of their own decisions……its so obviously ingrained in our jurisprudence that it’s ludicrous not to argue that issue in every case…ludicrous….

I wonder if there is a way to send the factual statistics and these news articles to the legal assistants and clerks of the Justices.

Exactly ^ I have been emailing recent articles, especially the Slate article released this week, to whoever I could think of in the public eye. Educating these misguided people is #1. I cannot believe that the defense attorney from ACLU in the recent case regarding GPS monitoring completely did not bother to counter the false claim from the prosecutor about the high recidivism rate. Of course, they lost the case. It’s worrisome when your fate is being placed in the hands of lawyers who are not as competent as you’d expect.

Anticipating, being ready, and prepared to respond to the recidivism claims should be part and parcel of every attorney litigating one of these cases. Amazing that these lost opportunities to refute it and get it in the record continue.

I agree, I don’t know about every other attorney. But it I was an attorney, I be fighting tooth and nail for every case whether the case is big or small (with total preparation). These big cases, I would be pulling some hairs savagely in that court room – Because I hate to lose and love the satisfaction of winning – especially when there is a grave injustice at stakes. But, if I do lose, Then I lose, but not without giving you a nasty beating session of my own. Make you feel it the next day. Either you fight… Read more »

The low reoffense rate certainly undermines the regulatory justification for notification laws. But citizens aren’t cattle that you can cull the whole herd because one has found an infectious desease in one or more of the herd. Cattle don’t have the Bill of Rights, so they marginalize this group enough to be on the level of stock. Property to manage. Treating people as a herd, instead of having individual assessments, should be the real constitutional wrong being addressed, not just how many in the defined group is dangerous and the number needed to make a law jump from punitive to… Read more »

One thing I want to point out about the Packingham and other recent cases: The hate mongers are starting to go with a new replacement for “frightening and high” that is just as misguided and dangerous if not refuted at every chance. They also use this to try to squash the LOW RECIDIVISM numbers we state. That new statement is, “under-reporting of sex crimes”. The lawyers and supporters of the sex offender registry will claim that the low recidivism doesn’t take into account how 80% (or whatever outrageous number they try to use) of sex crimes go unreported, so our… Read more »

There are a lot of underreported things and that claim could be laid on anything….trying to use that is reaching by those who use it. If there is no correlation made, then the statement should not be stated without factual backup.

True, it could apply to anything. However, they do have questionnaires and pretty large studies out there indicating sex crimes in general are very under-reported. In our favor, one of the reasons they could be under-reported is how much damage a sex offender label and harsh sentence will do to a family that leads them to sweep it under the rug and the victim to not be a cooperative witness. Unfortunately, that leads to more victims but is another reason the registry is bad. Obviously, other crimes without such devastating consequences and embarrassment of the victim are reported more frequently.… Read more »

Completely agree Chris F. Was not downplaying what you articulated very well. Completely agree with your reply posting also.

There is also remorse. Remorse never figures into anything, begause of the myth we can not feel remorse. It is also the mental peculiarity in believing that the crimes that most shock our conscienses must therfore repeat themselves. In actuality, I wonder if the worse the crime, the greater the remorse, and the less the chance of reoffense. It is certaingly true of the most heinous crimes of child molestation and murder, the crimes on the low end of reoffense scale.

That’s true too.

Of course, those offenders that lose most family and friends and can’t get their lives back on track due to the registry probably account for those that still commit the sexual crimes again. Legislature is creating the very monster they claim they want to get rid of.

I don’t remember who was the founding father who said punishment should be swift and moderate. Our punishment is long, mean spirited, drawn out and in many ways progressively punitive. At some point anyone will say, why bother being good. You’ll just get punished for that, too.

unfortunately, it is deemed “regulatory”, not punishment. fortunately, compelled service is prohibited unless to punish a crime. unfortunately, no one wants to address that the regulatory scheme is compelled service to the state(s) that is not considered punishment. really unfortunate, your compelled service as a person no longer under punishment custody is not compensated at all. That, in itself, is a form of slavery. Registration is a huge business as it creates special jobs specifically against registrants such as new police positions, persons running the website, persons creating the website, court related fees for not registering, private websites, as well… Read more »

Reading the Bloomberg BNA article attached above is quite interesting. The individual who is quoted in the article in favor of the NC law and believes the high and frightening data has her head in the sand because anything else would possibly undermine her position in society, her credibility and her income. Here, here is more Kool-Aid for you to drink and believe the tooth fairy is real also.

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