General Comments August 2017

That dissent is interesting reasoning and just shows how these biased judges can articulate their unreasonable and erroneous opinions. Well guess what the motion I am drafting exposes all the fallacies that are in that dissent..I am almost finished revising it and will be posting it soon.

The sex offender registry is just like the war on drugs epidemic and it contributes greatly to the US mass incarceration problem and our politicians have played the greatest jedi mind trick on society about registrants being evil, dangerous, and incurable especially through the media.

I think this pretty much covers a majority of our issues so I am going to wait a few days to hear from you guys and if I have no other suggestions I am filing it…

39. This is a civil rights action seeking to enjoin local, state, and federal agencies from requiring me to register as a sex offender and subjecting me to the public notification laws (CA Penal Code § 290, Sex Offender Registration Act. ) and to SORNA (Sex Offender Registration Notification Act) 42 USC § 16913 or the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. § 16901 et seq. (2006) or any known/unknown sex offender registration legislation, as applied to me in violation of the First Amendment, Fifth Amendment, Thirteenth and Fourteenth Amendment, Article I, Section 9, paragraph 3 of the Ex Post Facto and the Equal Protection Clauses, the protection from Cruel and Unusual Punishment, Bills of Attainder, Separation of Powers Doctrine and the Substantive Due Process clauses as well as the Slavery/Involuntary Servitude Clauses of the Constitution of the United States of America.

That’s one he…. of a list……

@Mike R

Corrections/additions:

Intro

#9: You may want to add that these restrictions continue even after being released from the supervision of parole or probation even though that was the length of time deemed appropriate by the judiciary during trial to punish, rehabilitate, and protect the public.

#16: You may want to add that the EEOC (US Equal Opportunity Commission) web site specifically lists government registries like the Sex Offender Registry as valid research tools to deny employment, even though the lengths of time on the registry often far exceeds the time determined by the judiciary to require incarceration or parole/probation to punish, rehabilitate, and protect the public.

First Claim – Right to Reputation

#0 – You may want to add a line item that states “The only other government equivalent to the Sex Offender Registry with pictures and personal information, is the Most Wanted list of dangerous fugitives that are avoiding the legal system and the proper adjudication of their offenses.”

#15 You may want to add somewhere after this, that just being on the registry draws the scorn of nearby residents due to the fact that home values drop as much as 12 percent within a tenth of a mile, based on a 2008 report http://www.leighlinden.com/Megans_Law_AER.pdf. As the modern technology of smartphones makes it even easier to instantly identify a sex offender’s residence, this percentage drop of home values is highly likely to increase over those 2008 estimates.

Second Claim – Equal Protection

#16 Please check this for grammatical errors and you may also need to include the quote and reference where you bring up SCOTUS’s opinion.

Fifth Claim – Substantive Due Process

#12 Remove the part about “Which Connecticut did the year after the SCOTUS decision” since I cannot find the direct proof of that. I know Connecticut added restrictions, but we would have to do research to find the exact laws and dates to make that statement. Maybe someone can help with this.

Eighth Claim – Separation of Powers and Bill of Attainder

#55 You repeat a quote twice here of “the fear that the legislature, in seeking to pander to an inflamed popular constituency, will find it expedient openly to assume the mantle of judge-or, worse still, lynch mob”

#8 Perhaps directly after this one, I’ll call it 8.5, put something like this:

#8.5 In Packingham V North Carolina (2017) the Justices majority opinion noted “Of importance, the troubling fact that the law imposes severe restrictions on persons who already have served their sentence and are no longer subject to the supervision of the criminal justice system is also not an issue before the Court”. This demonstrates their concern that the length of supervision to punish, rehabilitate, and protect the public was established by the judiciary during the fair sentencing phase of the trial, and is being over-ridden by the legislature with a wide brush without taking into account the individual or circumstances.

Conclusion

#1 Where does the 99% stat come from?

#32 add that the police also have access to credit reports, DMV records, Social Security, phone records, and many other private and government databases.

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Mike R, in addition to those corrections and additions, I think there needs to be more added, and possibly more trimming to make room for it.

Freedom of Speech needs more of a challenge, since Packingham just gave us lots of good quotes from SCOTUS knowing how important free speech is. The Packingham case only stops the government from directly preventing us from using social media, but by the government purposefully providing our email addresses to any social media site that requests it, they are effectively banning us from those sites. Just like IML providing our names to other countries, the social media sites will not take on the liability or expense of making a separate determination that we are not a threat if our own government won’t. They will simply ban us, as there is no reasonable alternative. Therefore, the government has the responsibility to make that determination of dangerousness fairly before dissemination or keep that information private for its own use. Packingham pointed out the importance of any convicted criminal still having access to important social media sites like Facebook and Nextdoor, yet as long as the government purposely provides our information to them they are denying us our first amendment rights to free speech and anonymous speech.

I think you also need to address what the opposition will bring regarding our low recidivism rate being due to under-reporting. It must be stated that with the majority of sex offences being committed by a friend or family member, the ability for another offense by someone known to have committed that offense is greatly diminished even without a registry. The initial investigation, publicity, and sentence would be hard to hide from those known to the defendant. Therefore, any amount of “under-reporting” would more likely be toward first time offenders where the family is less likely to report it due to the negative impacts the registry has on the family and victim. If a family chooses to hide the abuse due to threat of losing the primary bread winner’s income and ability to live in adequate housing that the registry may prevent, then there is an increased likelihood of the offender not getting treatment and there being more victims.

Somewhere, it also needs to be stated that all laws directed at sex offenders and the reporting requirements cannot work as intended. If a sex offender is going to commit a crime using his email address, he is not going to use the email address provided during registration. Someone that intends on committing a crime against a child will not be deterred by the remote chance he could be caught with a registration violation punishable by a few years in jail when he intends on committing a crime that could lead to 10years, 20 years, or life. A sex offender that intends to molest a child in a park would not be deterred by a restriction that he not be in that park. Laws deterring normal legal activity only negatively impacts those that are law abiding former sex offenders and do not deter those with nefarious intent. Therefore, there is not even a rational basis for the existence of these laws other than extending punishment to those that have served their time. There is also no indication that the reporting requirements of registration and the various frequencies required to report in any way deters crime, assists in investigations, or improves the safety of citizens.

I know you want to get this filed quickly, and theoretically we could add to it forever, but please consider my suggestions so that your case makes the biggest impact possible, and hopefully becomes the template for others to use.

Great work Mike R!

Man people dying left and right from drug overdose, DWI, out of control gun violence and gangbangers, car jackers and armed robbers killing people, fraud and corruption out of control, roads infrastructure like a third world country, conveyor belt for released ex offenders no rehabilitation services or reintegration programs, absolutely no preventive services except for private and community programs, now north Korea with nukes. just thinking out loud here..