CO: The Onerous Burdens of Sex Offender Registration Are Not Punishment, the 10th Circuit Rules. They Just Feel That Way.

Online sex offender registries, which all 50 states maintain as a condition of federal funding, stigmatize the people listed in them long after they have completed their sentences, creating obstacles to housing and employment while exposing registrants to public humiliation, ostracism, threats, and violence. Three years ago, a federal judge ruled that such consequences amounted to cruel and unusual punishment of three men who challenged their treatment under Colorado’s Sex Offender Registration Act. Last week a federal appeals court overturned that decision, saying the burdens imposed by registration do not even qualify as punishment, making the Eighth Amendment irrelevant. Full Article

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

41 Comments
Inline Feedbacks
View all comments

Leave it to Reason to be the voice of reason.

Does this really surprise anyone?
It doesn’t surprise me at all. I spent 6 years in prison, 10 years on probation and never got one infraction during either of those and have been of probation for 8 years but according to the authorities I’m a danger to society… I’m stuck being forced to work sub standard job and live in less than desirable apartments, and even after all these years I still worry that at any time someone will find out about my past causing me to loose my job or housing. The chances of getting a better job is nearly impossible… But it’s not punishment, it only feels that way… You’re not being burnt by that fire on your arm, it only feels that way…
Sucks going through life knowing this is as good as it will ever get.

Laws intended vs reality of them in society are two different things and need to be looked at as such, not in a vacuum as the Tenth did. Good article.

This one paragraph opens the 10th circuit up to having contrarians views:

*** excerpt ***
Does registration “promote the traditional aims of punishment”? Matsch noted that Colorado’s registration requirements are based purely on the statutory classification of the offender’s crime, rather than an individualized assessment of the danger he poses, which to his mind suggested retribution was one aim of the law. The 10th Circuit rejected that inference. Matsch also noted testimony in which the director of the state agency that maintains the sex offender database cited deterrence as one goal of registration. “Deterrent purpose alone is not enough to render a regulatory scheme criminal in nature,” the 10th Circuit said.

*** excerpt ***

The blanket implementation instead of individualized assessment is retribution to a set of people.

Having the director of the state agency maintains the registry is on record that deterrence is one of the goals of the registry. That is evidence the intent is also deterrence.

It’s sad that a state can compel an individual to do something despite no longer being under custody. Last I checked, involuntary servitude is prohibited unless to punish a crime. The state and SCOTUS want it both ways.

The Attorney General made some comments concerning civil liberties that appeared on national news this morning, so I sent this message to the Justice Department in response:

~~~~~~~~~~

I wanted to respond to a statement made by A.G. William Barr that was aired today on national television. In his statement, he expressed concern over the national lockdown as one of the greatest intrusions of civil liberties in US history.

We’ve seen how in the very short time since then, our public policies to limit the spread of the coronavirus were hampered by the inability of citizens to do their part – wear a mask in public, socially distance, etc. Hundreds of thousands have died in this country as a result, including hundreds of children regrettably, which highlights how much the burden is perceived by individuals when any restriction on their liberties are enacted, no matter how minuscule in comparison to the public benefit.

I am grateful for his concern over civil liberties, as there has been an ongoing intrusion of civil liberties against a class of citizens that currently numbers nearly a million individuals. The burdens of state and federal sex offender registries are enormous, and the fact that the public has asked registrants to carry those burdens for a lifetime without relief should shock the conscience of any freedom loving person. If a registrant fails in any way to keep the myriad of potential changes in their file current as directed, they are faced with the certainty of jail or prison time, along with fines and the real potential to lose everything in the process.

The burdens carried by former offenders would be understandable if there were a significant tangible public benefit, but after decades of implementation, no study or body of evidence exists which shows that registries provide any significant public safety benefit. We’ve even implemented policies such as marking passports and pressuring countries to refuse travel access without cause (no requirement of prior sex tourism conviction). Can you comprehend in whose footsteps we are traveling by marking citizens’ passports?

Please turn an ear to the voices of your fellow citizens.

~~~~~~~~~~~~~~~

I ran up against the 2000 character limit of the form, which ended my response rather abruptly, however I hope it was enough to give them pause for reflection. Perhaps someone in the Justice Dept. has a conscience?

Will Allen you big dummy. Where is Red Fox when you need him. Its facesnook not crook. Well I guess it could be crook. Some people use facebook for business but I was never interested in it. I myself cannot use facebook because this ordeal doesn’t allow it to many in this registry ordeal. Yes I have to agree with this facebook gossip issue that in many ways. Myself I dont’ want to talk about kickbacks but one never knows what’s going on in America. If authorities can decive one never knows whats going on in government. Look at this BLM ordeal today was that use or abuse?

Many on here complain about much of this stream of abuse on facebook or within this internet ordeal. One should just be glad to have computer *rights* in much of this ordeal. My sister would never touch a computer but she has a cell phone. Isn’t that a type of computer device. Course driving while on a cell phone can get one a fine today and into a bit of trouble if one doesn’t watch what they are doing.

So one has advantages of a computer but its interesting how authorities use the computer in unscruplous ways. This internet ordeal is a good example of authorities using it in an uncallous way or who is just as much guilty. Something isn’t biblically sound or who is on the right tract in this type of issue. Even this teir list level thing out in CA is like a Dante’s inferno tear level. Theirs your history list or Hit list in many respects.

One even wonders why they even put sex and porn on the internet or does it challenge the mind of others in this curiousity. The American public should be aware of all this. Correction is good if it is put in its proper prospective even Janice know’s that. While many have gotten caught up by this devilish issue by these unethical means the constution seems a bit drab in many ordeals.

Schools today are bad enough or why did Billy Joel say keep the faith kid. So one can go with the movie the Wind and the Lion or go in another direction but understand all this .. is this America’s Most hit list or confusion – one needs discernment in this understanding or who attacks first in much of this ordeal or should we all go back to the untouchables.

I believe I saw Will Allen in one of those episodes. Maybe the gambling racketeering one…. One wonder if government has got a screw loose today or off in their snare trap ordeal. Have they bitten off more than they can chew in this internet by deception ordeal.

If we can round up cattle and track them for big agriculture, surely we can round up and track humans for big government criminal justice system. See it really is true punishment when money is involved.

Tp is toilet paper or is it now totally pathetic. Either way it’s garbage

Only Idiots and Liers believe the REGISTRY IS NOT PUNISHMENT !!!
Adverse Negative Effects are Not caused by Just and Righteous Laws !!! Otherwise every person would be Encumbered with endless Non sense and madness in all areas of life !
If the Media, and others controll the Propaganda …THERE IS ONLY ONE RESOLUTION LEFT…
ITS CALLED “PROTESTING”
!!!

Omg.. your worse than my sister at times Will Allen. I know Will that many people are upset about this whole ordeal in many ways. I remember in Jr. high I had a tough assignment in Civics class. What the Constutution means to you. I believe I was in the 8th grade. I myself didn’t know much about the constitutition and this was back in the 60’s. So I had to get help somewhere for this due date assignment.

So I got assistance from my Dad. Yes my dad graduated back in 1919 and had it pretty rough. Parents died of a Smallpox spread in Ohio. Him being raised by his sister. They had big families back than. Yes Dad was fortunate enough to graduate even having an opportunity to work at a bank, from there he become a bookkeeper for a small utility company. Yes he helped me with this assignment I had to do.

I got an A on it. See back than kids really learned things. Today you have TV and everything else to upset one attention span. Even this internet ordeal that many are going thru one way or another is upsetting. I myself have learned a lot of things from you all on here also
TP can signify Temporal Peace. See Jesus came, not for peace but with a sword of justice. The peace is within each of us if you only let it be.. see John Lennon had it right in many area’s when he talked about peace. This sex offender issue is something one never estimated. See God said try the spirits and we all have a spirit. As far as the TP or temporal peace. the peace is within us all. We all just have to be constructive in a positive way and a bit of bible study doesn’t hurt anyone. TP is also good for runny noses and boy I do have a runny nose at times with much of this virus ordeal going on. Its also good to carry some tissue in the car also.

So yes this offender stuff, in many ways, is not to good for one’s true liberty. See most of this ordeal is about true understanding and that can only be found in the bible.

The registry laws are basically “conditions of release”. In many cases the conditions were imposed post de facto. Violation of the conditions of release will result in fines, jail time, or both. Not hard for someone to understand that. Yet, politics blinds the judges and lawmakers to true justice. Justice is getting what you deserve. Mercy is not getting what you deserve. Grace is getting what you don’t deserve.

You see Will I live in the Blue Ridge today. Blue Ridge Parkway is about 12 miles from me. Grew up in WVA. See Dad had to go to court many times to represent the Gas Company and small utilities Sure Rockerfeller was Governor and its interesting about Rockerfeller also.

Sure I had my little beef’s of trouble growing up. Course knew the Mayor and dad did also. I went to school with mayor’s daugher but all in all it was an experience in correction. Even the school system didn’t put up with some of the things going on with truents or things of thaqt nature.

Much of this registry is wrong holding people in check for life. Reasoning things out is good on much of this registry topic. Alcohol and other things or domestic abuse in a family whether its arguing with wife spouse spanking one’s kids… oh you can’t spank anymore but the law can today.

Huntington, WV were my grandmother lived and Marshall University was a different story. College life wasn’t always easy back in those days One can just image how it was in California or even the northern states on the east coast.

But today the constitution seems to be getting a bit more out of hand with this sex registry issue and I’m sure Janice has noticed this trend. This internet well theirs good and bad in everything. See its how you use and not abuse.

Sure I took penology courses and criminal justice classes. Yes it seems government was getting out of hand. Look at it now. Sure we are always going to have a prison population but its the human element and the abuse. Now we have a President that well to put it mildly people have mixed review’s about. Prison over crowding isn’t to good in a lot of respects.

Its as if we have a scrabble board of justice today or who’s playing dungon and dragons in American Justice.

To an certain extent I support and understand the reasoning behind placing certain types of sexofender on the registry. Obviously as a father/mother or guardian i would like to know if a SVP or habitual sexofender or pedophile moved in next door.
I believe people with these type of cases should be subjected to some form of lifetime punishment for their crimes

Good luck

Has anyone read that case where a PA Federal court declared those lockdowns, and mask mandates are not constitutional?

“A federal judge on Monday has ruled that lockdown restrictions imposed by Pennsylvania Gov. Tom Wolf (D), including a ban on large gatherings and the closure of “non-life sustaining businesses,” are unconstitutional.

While those restrictions were “well-intentioned,” wrote U.S. District Judge William Stickman IV, “good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge. Indeed, the greatest threats to our system of constitutional liberties may arise when the ends are laudable and the intent is good—especially in time of emergency.”

How is this any different that requiring people to do something such as register?
Of course, personally, I think registration falls into the the 13th Amendment, “… involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, “

Was reading more of this article and the comments. Yes even Timmmy’s was good and a lot more. This oneness burden. Yes we all have burdens’ in life. Some can make their own burden and some can make this burden for another.

Now I’m sure some people don’t take courses for nothing as they may be helpful in life. I know men that have taken home eck in high school. Course that wasn’t for me in high school but I was more interested in government law. And yes we all need that right now and yes an education today is a good, moral and sound way to go before we go out into the real world.
And yes a bit of biblical knowledge with wisdom and understanding is good also. One never knows’ when that will come in handy along in one’s life.

Much of this registry is the blind leading the blind if you really look at it in prospective or is it a gov3ernmental hunt as some use to say on here several years or on other sites. Who entices another?

Guys and gals we all need justice that is what true American values are all about. Much of this registry issue is like a carnival of errors in many ways. We have all heard of leading the wittness. Well who is my wittness? God is my witness.

See many times one thinks of the worst case senerio but listening is very important in much of this registry ordeal we go thru or have gone thru. Sure itsd a form of Justice but its not Christian justice or why do you think Paul was ordained by Jesus Christ to talk to the many churches. Wasn’t Paul a chief sinner? Any Christian that misleads another isn’t a Christian in many ways.

Much of this registry is pulling the wool over others and yes I’m inspired by Janices and many others striving to help others as that is what Christianity is about in Certain ways. Yes one can get tangled up in all things in life but there’s always a silver lining to every dark cloud.

Now David their are diifferent behaviors in social behavior when learing crime and punishment plus criminal law. one has to also have a certain amount of time in psycology or a human behavior field and their are many diffent area’s of success in one’s vocation or professional life.
David its not about pariality but basically its about man wanting to hook up with women for sexual types of endeavors. If you were listening. You thought you were going to hook up with a teenager. Well who know’s another persons thoughts. It even says that in the bible. As far as my magic I use to do, I enjoyed entertaining kids as well as adults. Nothing big time just a small scale type of hobby. Right now sell promotional advertisising when I can and strive.

This ordeal we all are going thru this sex offender I do the best to block it out and keep it separate from my regular life but many have it worse and as you say some don’t try to get over the hump.

Isn’t that what we are all doing trying to reason all this out with Janice as she holds a bit of weight in civil government and constitutional values. So when one looks at it that way it lessons the burden on some as their is hope with ASCOL, WAR, NARSOL, and the other groups that have cropped up but really the way govornment goes about much of this computer ordeal that is a bit dramic to say the least.

Sure we can all go with oneness burdens of issues. Just think if you were married and how your wife would look at this sex offender issue. Some are considerste and some aren’t. The kids in a family life, the bullying, and other trama’s well thats thing’s each one has to face an many lives of people that get snared in all this drama.

Police on the other hand look at it as I am only doing what the laaw or government tells me to keep down the internet community endeavor. You can talk about the charge of the light barade or the WAR of this sex registry. Well there’s a lot of women believe it or not that may want to spank their men fokes for getting involved in all this.

This registry is a human behavior endeavor opportunity to ride this type of unethicial sex registry ordeal. As in many cases it doesn’t actually accomplish much in many area’s. Its really repulsive when a man or woman can’t see their kids, tuck them in bed, things of that nature or help them with their studies.

Sure we could talk about growing pains but where does the pain come in when someone is inducing another as the way this registry. Is constructed via this internet encounter. So yes a bit of Christianity or ethics has much to do with justice values. If many of you on here would probably want to say. I’m mad as hell and I’m not going to take it anymore.

Myself I have two more years on the registry as per what my P.O. has told me but it could change just like many of you all talk about on here. Sure nothing wrong with a bit of getting up in arms about this registry as its effecting all in all walks amd balances of life in many ways. I’m sure Janice is aware of that also. So one has to at times think of others. And yes human value is not to be taken lightly as in many of these uncanny sex romps on this internet issue to lay on another person.

In reality much of this registry is like a do or undo burden of this element of govenmental process. Now Im starting to text like I’m back in high school. But all together this registry has many areas that government seems to overlook in an unorthodox view or who is blind sighting who in much of this divided and conquor. Where has christian principals gone one could see that back in the 60’s era.

Penology is a study of human behavior and its also about reform. Why do you think many were up in arms about Vietnam and other things that were a bit over stressed in many ways but when someone is drafted and yes we can all go with the word. “conscientious Objector”
I hope that word term is still used today as their are many objections to this registry.

Yes ACSOL is on the right path to help rid much of this registry for all in the USA as it is a oneness burden for many in many ways.

Don’t know about that David. But you just solved the whole issue. Now I’m gonna let you figure the rest of it out. I have to admit this computer knowledge goes a long ways today for many in America today. Pretty soon we won’t be having classrooms in school settings. It will all be in computer format.

I don’t know if myself or many could get into Rosie the robot. Just think of it, marriages by computer, and law and order by computer. Would save a lot of money and time just going to the courthouse, and defending one or prosecuting them some person saying get him out of here with their viewpoint.

Many times I couldn’t even get into Burns’ and Allen or Grocho Marxx or the ricky nelson show or even soap opra’s and I sure don’t like cigars. Ok so I have a tequila once in a while or a pieta coloda. And yes the gal out in Yellowstone did name me Saddles because I get back on my horse. That would be a oneness burden.