Comments that are not specific to a certain post should go here, for the month of June 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Related posts
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Convicted sex offender may renounce US citizenship, be deported to Philippines
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Judge Persky’s recall proves one thing, the registry is here to stay. The faux Puritanical U.S. society will always find a way to vilify a group in order to feed their lust for rightousness.
If you cannot get them one way, you will get them another way even when the age restrictions are not broken. School stairwell is not a place for this obviously, but not handling this w/in school first before thinking it needs to go outside of the school is sad state of affairs.
High Schooler Faced 25 Years on the Sex Offender Registry–For Engaging In Oral Sex
At a Pennsylvania school, an 18-year-old female student was arrested for a consensual sexual act with a 16-year-old boy.
https://theappeal.org/high-schooler-faced-25-years-on-the-sex-offender-registry-for-engaging-in-oral-sex/
Man people AVVO is great. This is a site that you can ask actual lawyers questions and they frigging get back to right away with legal answers man. Anyone that has legal questions needs this site. I cannot believe this, they have answered every single question I have asked and you know they are right when you get two or more attorneys basically stating the same thing. This is awesome and should be part of anyone arsenal in fighting any legal issue. Watch this, I am going to ask them if Family code sect. 3030 prohibiting me from cohabitation with my own children or grandchildren is constitutional or not.
https://www.avvo.com/ask-a-lawyer
@New Person:
I suggest you review the Legislative record the CA AG supplied to mike r in his suit (http://docs.wixstatic.com/ugd/e0f673_6fc52d04b5cd43a4bea333f3a11d1fa3.pdf). On PDF-page 22, under, “2. Sex Offender Regsitration Overview,” the Legislature itself says:
*****
A “certificate of rehabilitation” is possible for some offenders, relieving them of the duty to register, but this is not permitted for serious sex offenders.
*****
There you go! The Legislature agrees, understands, and clearly intends that a COR relieves “non-serious” RCs from the duty to register.
Now one just needs to find the definition of what a “serious sex offender” is. It may be helpful, based on some other text in the above document.
From Judge Persky, “To get justice from a judge, they need someone who follows the rules. The basic rule is the rule of law,” he said. “The problem with this recall is it will pressure judges to follow the rule of public opinion as opposed to the rule of law.”
A widely cited 2015 study of elected state judges in Pennsylvania and Washington by New York University’s law school concluded that judges are influenced by election cycles. The study found judges issued longer sentences for serious felony conviction when they were close to re-election.
****That right there proves what has been discussed here numerous times. Elections sway actions on the bench.****
Recall of judge in Brock Turner case stirs courtroom concern
http://www.newsobserver.com/news/nation-world/national/article212556599.html
I am no longer on any state registry. My question is must I still notify the government before any international travel?
Check this out. This is what I have been stating for awhile now..
Individuals aren’t immune for the results of their official conduct simply because they were enforcing policies or orders. Where a statute authorizes official conduct which is patently violation of fundamental constitutional principles, an officer who enforces that statute is not entitled to qualified immunity. Grossman v. City of Portland, (9th Cir. (1994)
Also people, I am serving the AG Monday with my request for admissions and here they are. If anyone can think of anything else that I should include or know more about this subject feel free to post it.
https://ufile.io/t2pmh
Oh, to have James Madison return to life and straighten this country back out. From Federalist Paper #45:
*****
The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.
The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security. As the former periods will probably bear a small proportion to the latter, the State governments will here enjoy another advantage over the federal government. The more adequate, indeed, the federal powers may be rendered to the national defense, the less frequent will be those scenes of danger which might favor their ascendancy over the governments of the particular States. (http://www.constitution.org/fed/federa45.htm)
*****
This country has gone so far afield and awry, it’s sad. The Constitution, as meant and created, is but a shell of what it’s father (Madison) envisioned for and promised to the States and Citizens.
Amen to that.
I stumbled across a potential SCOTUS gem that may be useful to fight “frightening and high.” In Chastleton v. Sinclair (https://supreme.justia.com/cases/federal/us/264/543/case.html), SCOTUS said, “a Court is not at liberty to shut its eyes to an obvious mistake when the validity of the law depends upon the truth of what is declared.” The 9th Circuit cited this very phrase in its 1985 decision in Burlington Northern RR Co. v. Dept. of Public Svc. Regulation (https://law.justia.com/cases/federal/appellate-courts/F2/763/1106/198551/). And just in case the State says this is dicta, let’s once again visit Chastleton:
*****
Held:
(a) A law depending upon the existence of an emergency or other certain state of facts to uphold it may cease to operate if the emergency ceases or the facts change.
*****
Parsing that down a bit: “A law depending upon the existence of a[] . . . certain state of facts to uphold it may cease to operate if . . .facts change.” To me, this means that even if “frightening and high” is taken as truth and factual, one only needs to show the facts have changed in order to challenge the validity of the law. Gee, if only there were governmental data showing RC recidivism is neither “frightening and high” nor “upwards of 80%.”
From my research in EVA, Chastleton has never been overruled, and has only been “questioned” by the CA SC in one case (Santa Monica Beach v. Superior Court of LA County).
I don’t have time right now to dig deeper into Chastleton or Burl. N., but perhaps someone else can confirm, or perhaps strengthen, what I read in it all.
BTW, even if the State argues these two cases are about economic, not non-economic (i.e., liberty interests, civil regulation), I believe one could point to Footnote Four (https://legal-dictionary.thefreedictionary.com/Footnote+4) and say that if something affects economic laws, it does so even more to non-economic laws.
“No Evidence of Tucson ‘Child Sex Camp’”
The fantasists and obsessives fabricated a quintessential moral panic based on absolutely nothing.
https://www.factcheck.org/2018/06/no-evidence-of-tucson-child-sex-camp/
That is very powerful right there AJ. I will work it in.
I decided to email the head of global operations for AirBnB and question their policies regarding people on the registry. I used statistics of recidivism, types of registerable offenses, and results of being listed, while leaving out any violent actions against us. I purposely avoided using the term sex offender. I personally find the label rediculous.
I feel that by opening a dialogue with service related companies, we can hope to begin a change with regards to the misperception of us as a group and move forward to start the process of reversing long held beliefs, therby accepting us as productive members of society.
@New Person:
Did you see my post from earlier this week for you?
https://all4consolaws.org/2018/06/general-comments-june-2018/comment-page-1/#comment-208944
I was recently pondering the registration-update requirements surrounding changes in weight, changes to facial hair, and scars. Does anyone truly have an understanding of when these apply? I have tried to think of an objective standard, but cannot.
1) Weight. How much weight change triggers the requirement to update? 5 pounds? 10 pounds? 3%? And is it the same for gaining and losing? Some people will have a noticeably different appearance losing 10 pounds, but not so much gaining.
2) Facial hair. At what point is it considered a change in facial hair? If I skip shaving for a few days either through laziness or being out of blades, must I register the update? If so, must I do so again when I shave? And how many days’ growth triggers it? Some people have “chia beard” facial hair that grows virtually overnight, while others have slower growing facial hair. Are both subject to the same number of days? Are sideburns considered hair, or facial hair? What if they are mutton chops?
3) Scars. What sort of scars? Visible ones, I trust, but visible in what setting? At the beach in a speedo? At work in a suit? On what parts of the body? What size scar? What if I had open-heart surgery but never take off my shirt for embarrassment? What if I had an appendectomy? What if I’m female and have a C-section scar? What if I had a tattoo done, incorporating the scar into the artwork? Do I then need to list the scar AND the tattoo, even if the scar is not readily visible?
These all seem quite vague…perhaps unconstitutionally so. I would love to start querying LEOs and ML people to get the answers. I’m guessing the replies will be all over the map. This might be a nice addition to a lawsuit someone files.
Can RSOs convicted of misdomeanor non contact offense purchase handguns?
TED Talk: Why our perception of pedophilia has to change.
https://www.youtube.com/watch?v=kR23SXhOKXE&feature=share
Okay people, here are my RFAs that I am serving to the CA AG. She ought to like these….
https://ufile.io/qnynp
Just had my first Home Verification Raid in over four years. Took 2-5 seconds. I walked out, I am xxxx I still live here, everything is the same. Flashlight in the face, flashlight to form in hand – Okay sir, have a good night. Gone. My roommate had just cleaned out her car and piled everything on the porch, I felt like a scumbag and then remembered, oh yeah…. lol.
As a practicing Buddhist, I accept and regret my choices and put the past behind me. But acceptance is hard in the present when others are constantly changing the rules in order to either trap you into non compliance or degrade you for their own personal gain. The 5th tenant says not to hurt or take a life. Do others here have that internal struggle in their daily life?
Apparently, even though some research shows access to pornography and sex toys minimizes the likelihood of someone actually abusing someone, our legislators are instead going with any “expert” they can pay to say otherwise and outlawing sex toys that could in any way resemble someone under 18:
http://www.publicnow.com/view/42C4B66F3EFA78419238886C924201EF35DB1C5C?2018-06-13-21:30:19+01:00-xxx3435
It’s called the CREEPER Act. I’m not kidding. “Curbing Realistic Exploitative Electronic Pedophilic Robots”.
The bill passed the House today unanimously, so it shouldn’t be long before it does the same in the Senate and anything other than big breasted 30 year old hooker dolls will mean jail time for those ordering one if it enters the US or crosses any state lines.
It’s a shame that those that may have been helped by those toys could now have to turn to real children. I’m not sure how those scumbag politicians sleep at night knowing they didn’t do proper research first and instead just want to prey on people’s fears and how they can get more votes claiming they are saving the children.
Read the crazy nut job text and justification here:
https://www.govtrack.us/congress/bills/115/hr4655/text
Just one of many examples of the crazy text to justify the law: “Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family”
I wonder what is Representative Chris Smith’s view on immigrant children being taken away from their parents and are possibly missing since they were separated under Trump’s immigration policy? is he concerned at all about this, since he is all about keeping children safe from sex trafficking and exploitation after his claim that the IML is working?
After 4 yrs of reading about living restrictions, governmental abuses, and general depressing news, I have decided that I am no longer going to come on this site. It isn’t helping me and is actually creates to much anger in me.
I will soon have my new German Passport, at which time I will do what is required by California and federal law to “legally” leave. Until then I am going to do what is necessary to survive. The company I worked for overseas says they are looking forward to my return, and my friends there say they are ready to welcome me back.
I do feel some empathy for those stuck in the U.S. , but know that the laws are not going to change.
I have made contact with some people here that I feel are genuine and good. I have also heard from some real dreamers that can’t face reality and think that the registry will be abolished. All I have to say is good luck to you both.
This has been the absolute worst time in my life, losing my love, my freedom, and my way. But better times are ahead.
I know I will appreciate little things so much more now.
An interesting read on search and the 4th amendment:
Judge says ‘literal but nonsensical’ Google translation isn’t consent for police search
https://techcrunch.com/2018/06/15/judge-says-literal-but-nonsensical-google-translation-isnt-consent-for-police-search/
Knowing a second language well could be very helpful