Comments that are not specific to a certain post should go here, for the month of December 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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Changes to be Made in Treatment for CA Registrants on Parole
Source: ACSOL The California Department of Corrections and Rehabilitation (CDCR) has agreed in writing to stop... -
RI: Cranston YMCA employee fired for letting sex offender on grounds
Source: wpri.com 5/16/24 The YMCA of Greater Providence (GPYMCA) fired an employee earlier this month after... -
TN: Tennessee will remove HIV-positive people convicted of sex work from violent sex offender list
Source: abcnews.go.com 7/19/24 NASHVILLE, Tenn. — HIV-positive people who were convicted in Tennessee of sex work...
Oops that was $400 I think is about right. Really easy, basically cover sheet, forma paupers app, file and they tell you the rest with the court order. Do not serve the opposition until after you file your original, call it a petition or complaint or whatever, and the court gives you your summons to serve on them.
I did not really think about this until now when it was so obvious. I think this is a powerful statement. This is a true statement except for the no fly list. I am researching that now to see if that is still in play.
Also, egress into and out of the states, along with freedom of movement while in another state, are fundamental rights that are enjoyed by every national citizen and deeply rooted in this nation’s history. These two rights surely cannot be “prohibited” in any way unless narrowly tailored without triggering equal protection as “no” other citizens in this country are subject to any kind of freedom of movement or travel restrictions-prohibitions unless they are specifically still under federal or state supervision.
@Junior, if all you state is fact then it would be very easy.
I would just title it a petition to terminate supervised release, cite the statute or code, and put your current case case # and file away. If it is in the statutes then they have to hear it.
Oh and the no fly list is apparently in the 9th right now.
https://www.aclu.org/cases/kariye-et-al-v-sessions-et-al-aclu-challenge-government-no-fly-list
Trump tweets, “America is the greatest Country in the world and my job is to fight for ALL citizens, even those who have made mistakes.”
This is in the AP News article about the shiny new “Criminal Justice Bill” that is being hailed as a big bi-partisan victory for his administration. It appears to me that it’s more focused on drug crime and reducing sentences there, as well as giving judges more flexibility in sentencing (which can go either way right? this will create more disparity from the bench). Anyway, there doesn’t appear to be much that is specific in this for people who’ve committed sexual crimes, other than more access to treatment while in prison, and perhaps falling under the general mantra of people who’ve made mistakes who will be released back in society. In general, this appears to be a liberalisation of criminal justice in America, which could ultimately be very good. The whole idea that rather than its all just about punishment on one hand, verses about rehabilitation on the other hand, and with rehabilitation should come restoration.
Does anyone have any updates from Nevada?
Then there’s data that shows unemployment can affect life expectancy (gee, you think?!):
AP Analysis: Unemployment, Income Affect Life Expectancy
https://www.usnews.com/news/best-states/new-york/articles/2018-12-18/ap-analysis-unemployment-income-affect-life-expectancy
So the government will just make you the registrant pay without work until you die sooner than others.
87% senate passes prison reform bill. That is amazing. To bad it does not apply to the states as well. That is a hell of a start though and this just shows that politicians know it is a losing battle they way that have criminalized everything and offer no rehabilitation whatsoever. I am going to spin an argument including this in my brief for sure. Anyone have any ideas on how t should be termed post on. I am looking at something like,
In this age of justice reform such as that which was passed by 87% of the senate it seems inane not to take reformation of the sex offender registration system seriously. The registries were created at a time when America was just a few years beyond putting Japanese in interment camps and the sexual psychopathy hysteria took hold. In 1947 California passed the nation’s first sex offender registration law because of the horrific Elizabeth Short murder case (“The Black Dahlia”) that happened in the Leimert Park neighborhood of Los Angeles, California. It was originally created to give police departments a way to keep track of known offenders by creating a list of suspects for use when new crimes occurred This was a time when criminal record resource access for law enforcement was very limited and we have made far reaching leaps and bounds since then that give law enforcement instantaneous access to anyone’s criminal records, which totally eliminates any need for even law enforcement purposes.
IDK just a quick little draft. Anyone want t take it up go for it, I have to get back to my calc exam prep.
6th Circuit Upholds Lifetime Registration (The Court of Appeals for the 6th Circuit reversed a lower court’s decision that found lifetime registration for sexual predators in Ohio unconstitutional.)
https://floridaactioncommittee.org/6th-circuit-upholds-lifetime-registration/
Ruling: https://floridaactioncommittee.org/wp-content/uploads/2018/12/Doe-v.-DeWine.pdf
Joe, the real original vanguards of the registry was in fact the introduction of the Gangster Law in 1931. When the measure passed nearly simultaneously in the County and City of Los Angeles in 1933, it covered conviction for any felony as well as lesser drug or weapons charges. A great history of the registry can be found here, http://www.solresearch.org/report/Origin_of_Registry. Interesting to say the least.
And Hell yeah, check this out argument in my brief. All proper citations to all this are in my doc as well.
In 1947 California passed the nation’s first statewide sex offender registration law. It was originally created to give police departments a way to keep track of known offenders by creating a list of suspects for use when new crimes occurred. This was at a time when criminal record access for law enforcement was very limited and still in paper only files. We have made far reaching leaps and bounds since then that give law enforcement nearly instantaneous access to; DNA databases that actually produce results; fingerprints; names and aliases; Social Security numbers; home addresses; date of births; the color of skin and eyes; any scars, tattoos, or identifying marks; height, vision, and gender; type of vehicle you’re driving, license and plate numbers; traffic violation history; local, state, and federal criminal history; and much more.
The National Data Exchange (N-DEx) System complements other well-known FBI systems, such as the National Crime Information Center (NCIC), Interstate Identification Index (III), and Next Generation Identification (NGI) with the N-DEx system, analysts have access to the criminal justice records of thousands of agencies across the nation to link investigative information and quickly obtain more detailed reports. Additionally, N-DEx provides visualization tools to graphically depict associations between people, places, things, and events either on a link-analysis chart or on a map.
These tools eliminate any need for a registry for law enforcement purposes in the modern era of mass computerization and information sharing between governmental agencies.
Just sharing an interesting article ….. if any Registration cases should happen to make it to SCOTUS:
“A Supreme Court Divided. On the Right.” NYT
https://www.nytimes.com/2018/12/20/opinion/abortion-planned-parenthood-supreme-court.html
We recently discussed here the PA Judge who resigned her position when she was taken to task on her comments towards registrants and their attys in addition mentioned the MI Judge who upbraided Larry Nassar. Well, I was looking for something else and ran across this:
Appeals Court Will Look At Nassar Sentencing After Judge’s Controversial Remarks
https://www.huffingtonpost.com/entry/appeals-court-will-look-at-larry-nassar-sentencing-after-judges-controversial-remarks_us_5c18f49fe4b0432554c449dd
There’s A Line Between Justice And Vengeance. Larry Nassar’s Judge Crossed It.
https://www.huffingtonpost.com/entry/larry-nassar-judge_us_5a6a204ee4b06e25326595eb
Another idiot on YouTube:
https://www.youtube.com/watch?v=70uFDAuAGDI
My comment there: What’s preventing the 95+% of new sex crimes form being inside your school? Residency restrictions have stopped ZERO sex crimes. Look inside your own school. Columbine, Parkland, and Sandy hook involved no sex crimes, so stop feeding the fear and hysteria. You “understand” crap. One child? Again, look inside your own school, family, law enforcement, clergy, those close in relationship to a victim, NOT STRANGERS. Blind trust with your sheriffs office, city council, and legislators is DANGEROUS. Things do need to improve, but you are looking in the wrong place.
Guess who received a summons to serve as a Grand Juror? 🙂 Unlike petit jury duty where they make you call in, this one says “report.” No ifs, ands, or buts. This could be interesting.
Damn straight TS. I called that as soon as it happened. No way hell should any attorney let that slide. Talking all kinds of crap about how she was glad and proud to be sentencing him and blah blah. I do not even remember everything that Cruella de Vil looking freak state while ringing her hands piratically cackling and salivating while sentencing him. I swear that lady looked really evil at that moment I can tell you that much I do remember. Sentencing is the exact time that a judge is supposed to be the mind of reason. their role is practically irrelevant, especially anymore with the deferring to leg. crap. Shit unless there was more in the record than what was presented to the public Nasser should not have even went to jail at all. It is the pesky forgotten word evidence. My opinion, everyone has one.
And thank you ACSOL for not just cutting my argument there simply because it repeated a few times in different versions. I think People like to see good arguments and think this is a hell of an argument to be made, and every version got better and better. Now it is in my brief and looks damn good at that. Something so obvious but completely passed over….
Uh huh. “escape from bad or disappointing situation in America (49 percent)”
https://www.studyfinds.org/study-third-americans-consider-leaving-country-live-abroad/
Did anyone catch the Black Mirror episode White Christmas ( S2 | E4) with John Ham?
Highly recommended and the end is particularly relatable for RCs.
Happened to see John (pos) Walsh on TV asking for help capturing a Registered Sex Offender and it made me think 🤔 wth? Isn’t that the purpose of the Registry??? To know where any and all are at? Smh
Anyhow. Merry Christmas and best wishes to all.
Merry Christmas fellow second class citizens! May you and your families have a wonderful Christmas , may the Lord continue to protect us and our families, and bring us out of the suffering under this corrupt and evil registration system. Keep praying, keep moving forward, keep working to educate others, keep bringing legal challenges, keep hoping for better things, and don’t let them get you down!
Yep, Merry Christmas all.
I just moved into a new jurisdiction from transiant.
I hope someone is knowledgeable about a couple of things.
The initialled laws state it is necessary to inform the jurisdiction left “in person” when leaving that jurisdiction. Will a phone call do?
Also, one initialled law states it is required to provide proof of the new address within 30 days. Is this enforced? What proof will do?
The registering deputy had me fill out a different form very similar to the usual form we initial and said I hadn’t filled one out since ’93. Why?
Been reading a lot about how trump is trying to get 5 million for his wall. Maybe he should just take away the funding for the registry. There will be enough to build a few walls.
Merry Christmas to all.
TS, unfortunately it is really difficult to find any recidivism studies that are consistent thru the years you mention as it appears that it has been recently that CDCR has started keeping track of specific offenses as related to their recidivism rates. Most of the studies are in general and not specific. I checked and the only ones with specifics are the ones I am including in my judicial notice. I was able to pull the New Jersey one from 1994 and a couple others showing there was no difference between before or after the national registries but that is about it. The 2010-13 rates do show that there has been in increase by about a 1% which corroborates with the assertion that CASOMB states about how the registries can increase risk of re-offense. Here is a link to what I am about to file with my responsive pleading to the AG’s motion for judgement on the pleadings.
https://ufile.io/s7b2v
It is really difficult to find any past reports from CDCR with specific rates like I stated so if you have any then post links… I have a couple more from other states but I am focusing on CA and will use the others if necessary….
Merry christmas and happy new year all. May god, or whoever you believe in, keep us and our families happy and safe during this holiday season
Right TS, but what I have included is the most recent up to date and from the world’s leading expert Hanson as stated by CASOMB. None of the facts and reports are refutable by anyone let alone any academia… They can cherry pick all they want but how do you refute CDCR #s and CASOMB? You do not….. The only thing that needs to be refuted if the issue arises is the tiered registry bill and the fact that CASOMB sidesteps the fact that the bill is not risk based but is offense based which raises all kinds of constitutional issues and it was the best that CASOMB was going to get. It does not live up to the actual conclusions of the board that only risk based tiers works, but the board endorsed it, which is a problem. That is okay though. I can handle it if it comes up but I do not believe that it will since the bill is not in effect until 2021 and it can be repealed, amended, or any # of things can happen between now and then so it is not ripe for a challenge anyways.
Damn people $250 for printouts for my judicial notice. 700+ pages. AG is going to love me…