General Comments January 2018

Comments that are not specific to a certain post should go here, for the month of January 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

Related posts

406 Comments
Inline Feedbacks
View all comments

https://www.thestar.com.my/news/world/2018/01/20/adolescence-lasts-until-24-say-scientists/

If only laws were based off of science a lot of use would have been charged as minors

Florida v. Jardine (https://supreme.justia.com/cases/federal/us/569/11-564/opinion3.html) is a case that adds some points for consideration to the compliance check discussion on here. Can a LEO enter your curtilage without your permission? It depends on how and why they do it. From reading this case, it would appear that an officer (and perhaps a partner for backup) is allowed to enter, knock and, if no answer, leave. That would seem to indicate that the loud pounding on the door and announcements would be beyond what SCOTUS says is an exception. Likewise if there’s a whole SWAT team along for the fun and ride, or a discotheque of lighting on the donut-mobiles.

One thing I learned from reading this: do NOT have a door knocker!

Have any of you heard of the Woodsman? Here is a trailer but I am finding it hard to find a complete version. Anyone have a link throw it out there….

https://www.youtube.com/watch?v=sst041HiCUA

Here’s the latest on the McGuire lawsuit against AL: http://mandabusinesslaw17.procurrox.com/wp-content/uploads/sites/5637/2017/09/2017-8-21-Appellants-Reply-to-Appellee-Response-to-Supp-Brief.pdf

The attorney (also named McGuire, relation unknown) does a good job of shredding the typical lines we hear from the other side. He also does a nice write up of the Mendoza-Martinez factors.

Reading the document under “d.” (page 28), the attorney’s contempt for the State shines through. It’s a good read, for sure.

If PACER has the various attachments and appendices mentioned, I’ll provide links to them in a thread to this post.

I got a jury summons. I do not want to serve on a jury. Given my own past criminal record, I doubt any sane prosecutor would fail to strike me if I were selected, but I don’t even want to get to that point. I don’t want to have to answer their questions voir dire, especially in front of the rest of the jury pool. I am sure they will ask things that would be painful for me to answer publicly.

I don’t know what to do. I do not believe in our system of justice. How can I participate in something I don’t believe in? In the balance, I don’t think it renders justice. Maybe in the abstract, on paper, and in lofty academic review, but not in real life. In real life, the system is corrupt, unbalanced, with all the power on the side of the prosecutor, and with the defense left with nothing more than technical points of opposition.

Yes, there are people who do bad things (as I once did) who have violated the law, and upon whom punishment is due under that law. That is true of laws I agree with, and of those that I don’t. As a jurist, that distinction is irrelevant. It doesn’t matter what I think about the justness of the law. And that really disturbs me.

Then there are others who are falsely accused who could end up being punished for an alleged crime that they did not actually commit. Or who could be accused of a crime more serious than what they actually did. Who am I to decide another person’s guilt? Who am I to condemn someone to hell? I could not bear the thought of being wrong.

What can I do?

Off probation and will soon be filing for felony reduction. P.O. says he can’t support it in court
( god forbid law enforcement do the right thing!), but he said he would not contest it.
My question is, how hard to file this Pro Se. Therapist said let public defender handle it, but I don’t trust them (or any lawyer any more ). San Jose city will file , but that exposes my charges to people, and I want to take some classes there next fall.
Anyone else do this on their own ?

“Sex Offender Treatment: A Waste of Time and Effort?” This is from the U.K. where they have abandoned the SOTP (Sex Offender Treatment Programme) as a treatment regime and replaced it with other programs which have not yet been thoroughly discredited. And yes, they have found that reoffense rates were slightly higher than in those who did not receive any treatment at all.

https://thoughtsfromthecriminologyteam.wordpress.com/2017/07/28/sex-offender-treatment-a-waste-of-time-and-effort/

Also, there is this from today, also from the U.K. “Worboys: Forensic psychologist ‘horrified’ by lack of evidence behind prison sex offender courses” https://inews.co.uk/news/worboys-forensic-psychologist-horrified-lack-evidence-behind-prison-sex-offender-courses/

“‘Paedophile hunter’ Chris Smith ordered to sign sex offenders register” ___ No, darn it! Not THAT Chris Smith. That would have been brilliant. No, this is a ‘Chris Smith’ in the U.K. He very cleverly set up an entrapment website to ensnare ‘paedophiles’ but somehow managed to entrap himself, instead. “Honest Guv! It was one of those sick paedos that sent it to me! I had no idea it was there!” I don’t know why people are not more suspicious of the vigilantes. They’re SO obvious. You’d think that decades of evidence about gay-bashers being, well, queer themselves would have made people a bit more suspicious of our modern-day hysterical busybodies. http://www.herefordtimes.com/news/15888705._Paedophile_hunter__ordered_to_sign_sex_offenders_register/

Anyone Hear anything new about the Michigan case Snyder v Doe, trying to find out when some of us get dropped off the list, this is getting old! Best of luck to all! Also anyone know when the decesion on People V Temelkoski will be? Thank you.

“Coalinga State Hospital Riot” on local Fresno talk radio show. They are complete idiots but I am told it is worth listening to for the entertainment value. The first several minutes in I can tell that it’s going to be a real self-righteous hate-fest. Look for the show titled: “Broeske & Musson 1.17.18 Coalinga State Hospital Riot, ….” Also, “Janice Bellucci,you’re a horrible person & should be locked up! Shut your pie-hole!”
http://www.kmjnow.com/broeske-musson-podcasts/

Question- At what point do we say enough is enough and really start to fire back?

Also, you’d think it’d be really easy in today’s society. But what path would need to be taken to bring Adam Walsh into our club?

I wanted to see if anyone here knows what type of background companies employers typically use. My guy received an expungement and was told that his record should be removed from most background sites within 30 days or they face a penalty. Here inCalifornia, I believe that background checks only go back about 7 years. Before applying for a job, though, that might conduct a background check, I would like to do one ourselves to see what still shows up, but I don’t want to use just any bogus company but one that an employer might use. Any suggestions?

A victory in Michigan – Temelkoski
https://narsol.org/2018/01/a-victory-in-michigan/

There has been chatter here on this case, so here is the victory notice.

Man BS if Megan’s Law “Internet” website doesn’t apply retro to me.
The USAG insinuating the LE only and a website that you could only access by going to the police station equates to a publicly accessible website at a touch of a mouse is false. Not only that, “Effective September 24, 2004, Penal Code section 290.46 required the Department of Justice to create this Web site on or before July 1, 2005.” Which authorized the publicly accessible website is unambiguous that it was to take effect September 2004. Retroactively applied to my April 2004 offense date. http://216.223.229.16/registration/law.htm

Coalinga State Hospital and the City of Coalinga, Janice Bellucci is coming to take your lunch!__
“Child porn ‘epidemic’ triggers Coalinga hospital lockdown, patients file lawsuit” This includes a copy of the lawsuit.___

http://www.fresnobee.com/news/local/crime/article196443479.html _

And this appears to be the same story:___
http://www.sanluisobispo.com/news/state/california/article196443479.html

After more than a year since NARSOL was joined by NCRSOL and two John Doe plaintiffs in a civil rights challenge to North Carolina’s SORNA scheme, there will be hearing before Judge Loretta Biggs, on Tuesday, February 6, 2018 in United States District Court for the Middle District of North Carolina in Winston-Salem. This preliminary hearing will consist of the state’s attorneys attempt to convince Judge Biggs to grant its Motion to Dismiss. The original complaint was filed over a year ago in January, 2017. Here is a link to the text by lawyer Paul Dubbeling. Read through the entire 88 pages, and I think you will agree that it’s brilliant, comprehensive, and compelling. It’s exactly the “strike at the roots” to bring down the entire registry approach so many have been advocating.
https://www.ncrsol.org/wp-content/uploads/2017/01/1-Complaint.pdf

It isn’t Megan’s Law since it goes way back to 1994 I think. It’s about the “Internet” website that was created after the legislature passed the law requiring DOJ create a “Internet” website in 2004. CA had a Megan’s Law website but it was only accessible through police stations and they were even using kiosk at fairs and events where people could then access the site. It was not available on the Internet before the enactment===Effective September 24, 2004, Penal Code section 290.46 required the Department of Justice to create this Web site on or before July 1, 2005 (http://216.223.229.16/registration/law.htm) My offense date was in April 2004.

Good for them…..The case sure seems familiar.

Hey, they need to be thanking me or show me some kind of gratitude since they are using my Complaint verbatim in the beginning….That’s funny they used my Pro Se Complaint as a template..Love it…

Verbatim…Wow the largest organization in the country using my Pro Se as a template…That really gives a boost of confidence. Love it…AJ, Chris and New person you should all be proud..Compare…Of course I provided an enormous amount of evidence in my Complaint….This is what I told others to do; file your own using mine as a template….

The registry, originally designed to collect and provide basic information on registrants only to law enforcement, has grown into an elaborate system of affirmative restraints with very little, if any, debate, and without any history of legislative fact-finding or other indication that these restraints are either necessary or effective in protecting the public.
8. In fact, there is consensus among researchers that these laws not only fail to protect the public, but exacerbate genuine risk factors for recidivism thereby increasing the chance of future criminal activity. See, California Sex Offender Management Board (CASOMB) End of Year Report 2014. “Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the lives of registrants and those – such as families – whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety.” (p. 12). http://www.casomb.org/docs/CASOMB_End_of_Year_Report_to_Legislature_2014.pdf. “Research has even suggested that offenders may actually be made worse by the imposition of higher levels of treatment and supervision than is warranted given their risk level (Lovins, Lowenkamp & Latessa 2009)”, https://www.eff.org/files/filenode/024_hanson_decl_11.7.12.pdf. JILL S. LEVENSON, SEX OFFENDER RESIDENCE RESTRICTIONS: A REPORT TO THE FLORIDA LEGISLATURE 2, Oct. 2005, “There is emerging research suggesting that sex offender policies lead to serious unintended collateral consequences for offenders, such as limiting their opportunities for employment, housing, education, and prosocial support systems. As a result, current social policies may contribute to dynamic risk factors for offenders in the community, ultimately becoming counter-productive.” https://ccoso.org/sites/default/files/residencerestrictionsFL.pdf,
9. Also many states conduct risk assessments prior to being released from custody on all persons convicted of offenses requiring registration under the registry law. See: California Sections 6601 and 6601.3 of the Welfare and Institutions Code; Florida, Title XLVII, Chapter 947; Minnesota, Chapter 244, Section 244.052; Arkansas Code Title 12, Subtitle 2, Chapter 12, Subchapter 9, Section 12-12-917; Oregon , OSR Chapter 163A, Division 85; Arizona, A.R.S. 13-3825; Connecticut CGS Section 54-250 to 54-261; Iowa, IAC Chapter 38, p. 1 201-38.3(692A); Colorado, C.R.S. 16-22-102-C.R.S. 16-22-115; Georgia, O.C.G.A. Section 42-1-14; Washington, RCW 9A. 44.130-140.
10. However, regardless of this individualized determination, all registrants are subject (often for life as is in my case) to close supervision, frequent and onerous in-person reporting requirements, severe restrictions or bans on where they may live, work, or recreate, and random inspections and recall by law enforcement.

Seaton: Judge Rosemarie’s Baby Advocacy __ https://blog.simplejustice.us/

“Why Are So Many Sex Offenders Getting Murdered in California’s Prisons?
One inmate says that prison gangs and even guards team up to assault and sometimes kill sex offenders.” This story is a couple of years old but just as relevant today. __ https://www.vice.com/en_us/article/ppmjy8/why-sex-offenders-are-getting-slaughtered-in-california-prisons-218

__ Here’s another story from the same time period (2015) “Sex offenders are being killed off in California prisons” __ http://www.businessinsider.com/sex-offenders-are-being-killed-off-in-california-prisons-2015-2

Yet they still think we need to be punished more after we have did our time and paper , still targeted , some of us only able to find housing in gang infested areas ,