I’ve decided to create an article with some legal terminology in it. The reason I’m doing this is because there are a lot of organizations and individuals that are working with attorneys in an attempt to change the sex offender registration laws.
Curious why most of the case law cited is 20 years or more old. Can you recommend any recent cases that clearly deem GPS monitoring to be unconstitutional?
Son of Liberty Child of Freedom - @ Mike r & Fellows
Guest
January 22, 2018 7:22 am
Nondelegation Doctrine –
nondelegation doctrine (stops one branch of government primarily the legislative branch from allowing other branches of government to make rules. All laws passed must be completely defined by the legislative branch they cannot pass the rulemaking authority on to other branches in the case of the judicial branch and they cannot pass their authority to make rules pertaining to judgments to other branches of government such as parole and probation which is part of the executive branch)
Nondelegation doctrine the courts:
It must also be pointed out that Probation or supervised release is considered custody for purposes of federal habeas corpus law, and therefore can be challenged under 28 U.S.C. § 2255. Probation officers are entitled to qualified immunity from probationers’ due process claims because probationers cannot claim a property interest in the statutory procedural protections. It also should be noted that, should a judge or PNP step outside their legal boundaries that like all public officials, they can be sued under a 42 U.S.C. §1983 civil rights action. For damages including pain and suffering. Remember the recent Supreme Court decision http://jurist.org/paperchase/2013/03/supreme-court-rules-for-pro-se-prisoner-in-sovereign-immunity-case.php That basically said that any official of the government, who steps outside his legal boundaries, can bring about a suit against the organization that he represents. In other words, if the parole officer steps outside his boundaries in ordering something that is unrelated to the crime then not only he can be sued but all the organizations that he represents, all the way up through the state or federal government.
It is a Irrefutable Presumption that these Wicked & Usurping Public Servants always defer to Commandeer The Rights & Titles of The Bone Fide U.S. Citizen and convert those Rights & Titles into Common Property for themselves Only.
In Effect & For All Practical Purposes converting or forming U.S. Citizens into their Daily Bread to be consumed by the Wicked Servants: Not unlike Cannibals,
That is to say KohimBaals, Priests of Baal – A false god.
I speak & sing a True Psalms
As Yehovah Lives so should we
Son of Liberty Child of Freedom
charles pettus
Guest
January 22, 2018 7:56 am
Mr. Wolf~
Great article, great insight on constitutional law. To bad SCOTUS, the majority of US Federal Courts and ALL 50 state legislatures chose to ignore the Constitution when it comes to people formally convicted of a sex crime. There should not be a registry—period! However, if you just have to have one a least make it constitutional, i.e., states should build this crap into their Code of Criminal Procedures/Penal Codes. It should be part of a defendant’s trial proceedings where he/she can be afforded Due Process, give the defendant an opportunity to be heard, to confront his/her accuser(s), to challenge or put the state to its proof that you are a threat to the community and should go on the registry. You should not be subject to registry on a public website, shamed, banished, disenfranchised, and for a man on the registry, EMASCULATED, years after your conviction and sentence. And what kills me is SCOTUS’ holding in Smith v Doe (2003), i.e., that registration is NOT PUNISHMENT!!! BS, BS, BS!!! How in the hell is being SCARLET LETTERED, BANISHED, DISENFRANCHISED AND EMASCULATED not PUNISHMENT??? Not to mention what happens to your family, or so called “COLLATERAL CONSEQUENCES”. Not punishment? That’s a bunch of BS! So again Mr. Wolf, all this legal insight is very good but it doesn’t mean a hill of beans when it comes to people formally convicted of sex crimes.
Curious why most of the case law cited is 20 years or more old. Can you recommend any recent cases that clearly deem GPS monitoring to be unconstitutional?
Nondelegation Doctrine –
nondelegation doctrine (stops one branch of government primarily the legislative branch from allowing other branches of government to make rules. All laws passed must be completely defined by the legislative branch they cannot pass the rulemaking authority on to other branches in the case of the judicial branch and they cannot pass their authority to make rules pertaining to judgments to other branches of government such as parole and probation which is part of the executive branch)
Nondelegation doctrine the courts:
It must also be pointed out that Probation or supervised release is considered custody for purposes of federal habeas corpus law, and therefore can be challenged under 28 U.S.C. § 2255. Probation officers are entitled to qualified immunity from probationers’ due process claims because probationers cannot claim a property interest in the statutory procedural protections. It also should be noted that, should a judge or PNP step outside their legal boundaries that like all public officials, they can be sued under a 42 U.S.C. §1983 civil rights action. For damages including pain and suffering. Remember the recent Supreme Court decision http://jurist.org/paperchase/2013/03/supreme-court-rules-for-pro-se-prisoner-in-sovereign-immunity-case.php That basically said that any official of the government, who steps outside his legal boundaries, can bring about a suit against the organization that he represents. In other words, if the parole officer steps outside his boundaries in ordering something that is unrelated to the crime then not only he can be sued but all the organizations that he represents, all the way up through the state or federal government.
It is a Irrefutable Presumption that these Wicked & Usurping Public Servants always defer to Commandeer The Rights & Titles of The Bone Fide U.S. Citizen and convert those Rights & Titles into Common Property for themselves Only.
In Effect & For All Practical Purposes converting or forming U.S. Citizens into their Daily Bread to be consumed by the Wicked Servants: Not unlike Cannibals,
That is to say KohimBaals, Priests of Baal – A false god.
I speak & sing a True Psalms
As Yehovah Lives so should we
Son of Liberty Child of Freedom
Mr. Wolf~
Great article, great insight on constitutional law. To bad SCOTUS, the majority of US Federal Courts and ALL 50 state legislatures chose to ignore the Constitution when it comes to people formally convicted of a sex crime. There should not be a registry—period! However, if you just have to have one a least make it constitutional, i.e., states should build this crap into their Code of Criminal Procedures/Penal Codes. It should be part of a defendant’s trial proceedings where he/she can be afforded Due Process, give the defendant an opportunity to be heard, to confront his/her accuser(s), to challenge or put the state to its proof that you are a threat to the community and should go on the registry. You should not be subject to registry on a public website, shamed, banished, disenfranchised, and for a man on the registry, EMASCULATED, years after your conviction and sentence. And what kills me is SCOTUS’ holding in Smith v Doe (2003), i.e., that registration is NOT PUNISHMENT!!! BS, BS, BS!!! How in the hell is being SCARLET LETTERED, BANISHED, DISENFRANCHISED AND EMASCULATED not PUNISHMENT??? Not to mention what happens to your family, or so called “COLLATERAL CONSEQUENCES”. Not punishment? That’s a bunch of BS! So again Mr. Wolf, all this legal insight is very good but it doesn’t mean a hill of beans when it comes to people formally convicted of sex crimes.