ALBUQUERQUE, NM (KRQE) – More than a half dozen sex offenders who committed their crimes in other states say they’re being treated unfairly in New Mexico.
Now, eight out-of-state sex offenders now living in New Mexico, calling themselves John Does, are suing the Department of Public Safety and various sheriffs to get their fair shot at a hearing. Full Article
You know the easiest way for New Mexico to not have to deal with due process and lawsuits is to drop the Registry altogether!
It will save the state money and free up resources to go after real criminals.
Everybody wins!
I would even question the legality of what seems to be New Mexico’s law to have a hearing to determine if registration is required. That would be like being retried and punished again for a crime committed in another jurisdiction.
Dustin, BINGO! A similar case is on ncrsol.org. It’s titled Judge blasts NC over lack of process for out of state offenders. Judge’s main beef was the process in place didn’t utilize judicial branch in any aspect where comparative law analysis between states is inherently necessarily, thus jurisdiction identification & law. Why? Because the law of two states are by definition of ” a crime for doing nothing. ” FTR is about ” not doing” rather than committing ( doing) a crime. Nothing doing ( being idle) cannot be a crime without first [emphasizes] assessing duty ( a due act).… Read more »
Recently, Wisconsin has shipped an infamous kidnapper to New Mexico to serve his life sentence. He’d shot a girls two parents to death in their own home and kept their young daughter in a family cabin. Y’all know the case. Yes he’s incarcerated but technically he resides in NM. That being said that fact is a collateral truth. WI DOC trafficked him to NM. One less space for a NM offender. I wonder if he’s listed on NM registry given habeas corpus is NM?