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AK: Without guidance, Alaska judges to ‘muddle through’ sex offender registry removal decisions

[ – 8/9/19]

ANCHORAGE (KTUU) – Without guidance, Alaska Superior Court judges will have to “muddle their way through” decisions over how a person can apply to be removed from the sex offender registry, says John Skidmore, the director of the criminal division with the Department of Law.

In June, the Alaska Supreme Court determined that people on the sex offender registry had a right to due process, effectively meaning they could apply to be removed from the registry if they can prove they are no longer dangerous.

Currently, there are roughly 3,500 Alaskans on the registry. Depending on the severity of the crime or past criminal history, some people are on the registry for 15 years, some for life.

Skidmore says prior to the decision, there was no legal basis for someone to apply to be removed from the registry. Now, the right is in place — but there is no clear framework for how the process would operate.

Anchorage attorney Darryl Thompson, representing his client referred to only as John Doe in court documents, has spent 25 years arguing cases over the constitutionality of the Alaska Sex Offender Registry Act (ASORA).

“A core piece of this is the fact that by doing this is, we’re undermining their ability to rehabilitate,” said Thompson on the sex offender registry. “People can’t get from underneath it.”

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“Now, the right is in place — but there is no clear framework for how the process would operate.”

Odd – there is always clear framework for how to be PUT ON the registry though; every “T” crossed and “I” dotted.

What’s even sadder about that comment is that the guy thinks it’s only “now” that the right is in place. It was there all along and everyone ignored it until now. That’s the weakness of our political system: laws can get passed in minutes that steamroll explicit rights, and then it takes years to fight to get them back–and even then, the State scratches its head about it all. That exact scenario has been playing out in MI for 3 years already. Clear violation of rights, yet for the life of the, the MI legislators can’t (won’t?) figure out how… Read more »

Attorney Daryl Thomson has been has spent 25 years arguing cases over the constitutionality of the Alaska Sex Offender Registry Act (ASORA). Wow! I would like to learn more about this guy. He has been fighting for us for a good part of his life.

That a regime began without substantive due process afforded to those already convicted spoke to the regime’s underlying intent. If the constitutional prohibition had been upheld by their leadership from SCOTUS fewer problems would exist for judges today. The presumption of congressional deference by the Rehnquist court when faced with the words ” A person who was in prison for….. ” in statute was incredibly one-sided, and the minority said so. Today RBG could not call it ” a close case. ” is it any wonder the people have lost faith in leadership. Senator McConnell is suffering posted online attack… Read more »

Tim, that is an interesting thought that the registry was the precursor to constitutional violations of all sorts. We are seeing censorship on social media, we see outrageous aberrations of justice from the Jussie Smollet case to the original Epsteing case. Also, with illegal immigration, I sympathize with all people struggling, but that isn’t cause for compromising the law. I was given zero sympathy when I went to court. I had to give up my beloved pets, and I lost my vehicle, my career, life savings and reputation. I broke the law and paid consequences in full with not a… Read more »

None expects sympathy nor should they, wrong is wrong so long as it’s your own wrongdoing and not the wrongdoing of others. Identity politics thrives on propaganda.
Complaining to Federal courts has limitations even upon writ of Mandamus. Some think it’s to politics of the people preventing congressional repeal. I think they’re hard up against the surveillance saints. Why? To limit gov use of the state’s machines defaults federal use too.

The two problems I have with the Alaska Supreme Court’s ruling are: 1) It burdens the registrant to prove the negative – that he is not a threat and should come off the registry. I figure the burden of proof should be on the state to prove he is and should remain registered. Of course, neither changes the fact that the registry doesn’t protect anyone from anything. 2) No superior court judge – an elected position, subjecting rulings based on politics, image, and electability as opposed to law, precedent, and plain old fairness – wants to be the first to… Read more »

Yes, you write of the impossible nature of proving a negative. Burton of proof beyond or other than the ” reasonable doubt” standard is absurd. Judge Mastch stated that quandary too! In reality they’re just fumbling the ball. Elected judges are the reality, but lack of good interested council is another. Too many throw arrows at the wrong target. Good lawyers must attack the database of its particular use. It is the usefulness of the indenture in question, it’s efficacy and efficiency. Safety regimes are fine only if the effect renders a general positive contribution to something other than ”… Read more »

Is there a way for California to get on board with that? Right to privacy? Sounds good

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