Three men have filed a lawsuit against the Indiana Department of Correction, claiming Indiana’s requirement that they register as sex offenders violates their Constitutional rights. Full Article
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So the law they’re fighting is Zachary’s Law, named after a 10-year-old murder victim by a convicted sex offender. I tried finding the details of the case but didn’t come up with anything beyond murder. Is this another one of those cases that resulted in a law for RC’s from an event that wasn’t sex related other than the perpetrator being an RC?
Well, looked what happened to the Adam Walsh Case, Adam was Murdered and be headed, but NOT Sexually Abused according to Police, or according to the guy who admitted to killing him.
Then John (the idiot) Walsh uses his deceased son’s story to frighten people and to make money of his son’s name, when there is ABSOLUTLY NO PROOF he was sexually assaulted, yes here we have the Adam Walsh Act named after a Murdered Child, to punish Sex Offender’s Go figure.
Adam’s dumb ass mother should of been brought up on neglect and child abuse chargers in my opinion. just saying.
You know, I am reading a lot more articles of the registry itself being challenges. Not here in the progressive state of California though. People like to challenge residency restrictions. Like I have said before, it is a DEAD horse. The courts have already ruled on the constitutionality of these issues. The registry itself needs to be addressed. Timing is everything. The more the registry itself is challenged, the faster it will be ruled unconstitutional.
I don’t buy the argument that it would be bad for us if we lose. Here’s the rub, how do you know unless we bring a class action? Never met anyone who could tell the future.
Next year I look forward to dropping 10k on a lawyers desk and challenging this. I doubt it will be Janice et all. They are too busy challenging residency restrictions and playing small ball. We have 20+ years of empirical facts and research. Let’s start using it.
It’s about time there are challenges being made against the disparity of the way these laws are applied to existing residents vs. new move-in residents. It is complete crap that a person who moves into a state is treated differently than one who already lives there assuming the underlying convictions are similar. This is long overdue, and I pray that they win this case!
This case seems pretty strong. AJ mentioned a case a while back that had to do with new residents of a state not receiving the same level of benefits (welfare, maybe?) as other state residents. I wish I could find that case. I think it went to SCOTUS and they held that the new state could not treat the recently arrived residents differently from existing residents.
If the petitioners prevail, maybe it’ll be time to consider a move to Indiana, since my deferred adjudications were in 1992, before the effective date of the Indiana registration laws.
In the article that’s mentioning three individuals. Of the three individuals, one of them was a child at the time of the offense. That’s what the true tragedy of this lawsuit that has been filed is. Adam Bash, on his registry information listed with the Delaware County Sheriff’s Department in Muncie Indiana is listed as committing his crime April 23rd 1984. On the same registry information it says his date of birth is November 13th 1972. That means that this man was an 11 year old child at the time of his offense, and here 33 years later this man is still being punished for something that occurred while he was a child?! And they don’t call that a punishment? It’s beyond punitive, it’s cruel and unjust! After seeing this article in the paper, and noting that he lived rather close to my home, I went out and spoke with him by knocking on his front door. I told him from the beginning I wasn’t there to harass him, I just wanted to know if you would like to talk about the lawsuit. He told me that as a child he was physically, sexually, and emotionally abused from the time he was 3 years of age up until the time that he started repeating the acts that caused him to be on the registry. He said that he was punished for it, and had lived in the state of Indiana for 12 or 13 years before they made him join the registry. I’m sorry, if a man can go through life that long without reoffending, then there is no need for him to be placed upon a registry in place himself in danger of some vigilante who is seeking revenge for a family member that was harmed that had nothing to do with the case which put him on the registry to begin with. Furthermore, the man told me that he only gets disability income, and he can’t even move into income based housing because of this registry! I also discovered while I was there that he has custody of a child, and that the courts granted him custody of the child! So how much of a danger really is this man if a quart of granting custody of a child? He’s not a threat! I look the man right in his eyes and could see the pain that he’s having to suffer because of a mistake he made as a child! This national movement of treating children like adults and making them suffer for things that happened in their childhood is beyond defensive! How come the parents are not being charged with some type of neglect for failing to properly intervene on their child’s best interest to get him the help that he needed instead of allowing a criminal justice system to torture this man the rest of his life? Is truly sad that he had to be lauded in with two offenders who were adults when they committed their crimes, as again he was a child, and I think that there is a very significant difference in the age in which you commit your offense! I’m glad that they have filed this lawsuit, and I wish them all of the success in the world!