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General Comments October 2020

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  1. Illinois Contact

    Janice, here’s another possible approach to fighting IML.

    Appellate Court finds registration violates right to reputation under Pennsylvania Constitution in as applied case. The court found held that as applied to Appellant, SORNA’s provision that sexual offenders pose a high risk of recidivating is an irrebuttable presumption that clearly, palpably, and plainly violates Appellant’s constitutional right to reputation.

    Check out the story in the Florida Action Committee report:
    https://floridaactioncommittee.org/pa-appellate-court-finds-registration-violates-right-to-reputation-under-pennsylvania-constitution-in-as-applied-case/
    Good comments following the story.

    And in the original opinion:
    http://www.pacourts.us/assets/opinions/Superior/out/J-A16020-20o – 104584404117816213.pdf?cb=1

    I wonder how many states have “reputation” clauses. Some legal eagle could do the research.

    • JohnDoeUtah

      I recently cited this case in my registry “fee” challenge winding its way through State Court.

      This hinges on the legislative statements contained in the “Act.” Take for instance, Utah, its registry law does NOT contain the obligatory language like many states, including the AWA, that sexual offenders are dangerous and this and that kid need to be remembered. Utah has argued in several cases that its registry is basically to disseminate information, not to state the current dangerousness of offenders.

      Utah lost such a case in 2008 because the used to list the “Primary” and “Secondary” victims on an offenders online profile. In State v. Briggs (2008), Mr. Briggs challenged this as a violation of his due process rights because they were depriving him of his inherent PROPERTY right to reputation without establishing his current dangerousness without a hearing. The Utah Supreme Court agreed, and said the State could only do so after a due process hearing.

      Utah took down the information and in the 12 years since has never conducted such hearings. They also put disclaimers on their website that they make no claim of current dangerousness or what type of crimes an offender may commit in the future.

      I think the Utah Supreme Court missed an opportunity, or opened a door, to argue that the existence of a person on the registry is because the state sees them as currently dangerous, without a hearing, violating due process. In other cases, the State has not even flinched at the idea of arguing that the registry’s purpose is public safety, “Utah has sought to use the sex offender registry to aid…in the prevention, avoidance, and investigation of FUTURE sex offenses…[and]…concerns of recidivism.” See, Femedeer v. Haun, 277 F.3d 1244, 1252, 1253 (10th Cir. 2000) When called on the carpet they claim they make no such dangerousness determination on the website, but in other cases they cite public safety and the dangerousness, proved by the due process of conviction, of offenders as the reasons why the law is constitutional (they want their cake and to eat it to).

      If the state has made a legislative finding of dangerousness, and included that statement in the Act, it is subject to challenge under the irrebuttable presumption doctrine.

  2. Saddles

    How would everyone on the internet liked to be screwed? Interesting question isn’t it. Well you have those dating services where you don’t actually know who your talking to, you also have those dirty internet scams or some teen or whoever wanting to set someone up to come down and meet by offering a instant fix up or what?

    Seems we all are going in circles and have been for years trying to think or over think when simple understanding is the best method. Sure I am upset about all this. AERO even came up with some Beretta “Don’t do the crime if you can’t pay the time mentalty. My boy Will Allen is still trying to understand his soap dish but he’s still hanging in there and that takes guts.
    Myself well Ive been screwed at times by my own stink’n think’n. This election today one can’t give an opinion about which party is which or you might get some verbal abuse out of it and yes I have had a bit of abuse on here in the past as I’m sure no two parties are gonna agree on the price of eggs in one’s basket.

    To me as well as all others caught up in this internet game it all comes down to a government collusion via this internet or who reaps what they sow today. So if you don’t get what you want say the President of your choice who’s the winner than or who said I told you so that they were going to win. Guess that would make one a grand perdictor in forseeing the future of understanding. Sounds like stink’n think’n to me or someone thats a bit over bearing in this type of government standoff.

    Maybe some of you all can understand that view. And just think if everybody wsas right this world would know where this virus came from and actually nobodies going to understand, even the best rocket scientist or why go to the moon when its hard enough in earth.

  3. TR

    I’ve heard from an article source that a former Mexican delegate saying that the guardian angel and Mexico has violated their own Mexican Constitution with the denial of entry of traveling registrants.

  4. David⚜️

    Oh look! Another fake “rescued the children” operation! 😒

    USA TODAY: ‘Rescued from this evil’: 179 arrested, 45 missing children recovered in Ohio’s ‘Operation Autumn Hope’.
    https://www.usatoday.com/story/news/nation/2020/10/26/operation-autumn-hope-45-missing-children-ohio-179-arrests/6049990002/

    Okay, so maybe the children weren’t actually “rescued”….rather, their “cases were cleared” (whatever “cleared” means):
    “More than 70 missing and exploited children cases were cleared, according to the attorney general’s office.”

    Hooray, LE to the rescue. (Sarcasm intended!)🙄

    • Facts should matter

      The timing of these “rescues” is indeed suspect. Again, I firmly believe it’s a premeditated, feel-good campaign to combat calls for “defund the police” and to prop up Trump’s “law & order” rhetoric.

      Sad how everything in America has devolved into a political fear and hate-based “us v them” war. These so-called “operations” are trotted out knowing they will be unassailable and effective in regards to painting a rosy picture of safety and security.

      It’s all fake optimism and hope geared towards the family unit for votes.

    • @David⚜️

      “Cases cleared” means the paperwork was closed. In most cases involving juveniles, it typically means the kid was a runaway and either came home or was found and returned home. It’s by far the greater event than abduction. But that doesn’t make for a good lead, does it?

  5. David⚜️

    My apologies if this is old news (07/24/2020):

    As Second Circuit Affirms Conviction for Failure to Register as a Sex Offender, Judge Calabresi Questions “Non-Punitive” Nature of Registration Statutes

    https://www.jdsupra.com/legalnews/as-second-circuit-affirms-conviction-23602/

    • TS

      @David with fleur de lis

      I don’t recall this case being presented here in this forum, but that does not mean it was not. However, it is a great read and concludes with this point from the Judge who disagrees with the premise of non-punishment given in the case findings:

      “Interestingly, Judge Calabresi also emphasized that any law that has the same “severe” effect as criminal law, despite being civil or nonpenal in name – such as deportation and habeas – should be considered punitive for constitutional purposes. The Supreme Court appears to show greater openness to treating extracompensatory damages in tort and civil forfeiture as punitive, particularly where the punished party is a corporation, and not an individual. Judge Calabresi’s ardent concurrence is perhaps a signal to future litigants facing any of these issues that they ought to consider litigating these issues anyway, and filing an en banc application or applying for writ of certiorari. It is often the case that arguments in the criminal law are rejected by multiple judges as wrong-headed or precluded by precedent, until one day those same arguments become governing law. Compare United States v. Garcia, 240 F.3d 180, 183-84 (2d Cir. 2001) (“join[ing] the other nine circuits that have ruled on direct review” that Apprendi did not apply to the federal Sentencing guidelines) with United States v. Booker, 543 U.S. 220 (2005) (holding that the rule of Apprendi and Blakely applies to the federal Sentencing Guidelines).”

  6. TS

    All,

    Section 230 of the Comm Decency Act (1996) is a hot topic today in the media and on the hill. Changes being sought. What changes should be implemented to help the person forced to register?

  7. Looking for Answers

    This is of course older, but I saw someone posted it recently. Made me cringe quite a bit with the quotes… https://justfacts.votesmart.org/public-statement/196932/hatch-biden-bill-cracking-down-on-sexual-predators-to-be-signed-into-law-today

    • TS

      Maybe this bill can be used on Hunter should things get more serious with the laptop…things could come home to roost, as we’ve all discussed, with someone on the creation side of the bill. Btw, it was WA state who had the first SO list specifically aimed at people convicted of sex crimes after Wesley Allan Dodd was convicted.

  8. Saddles

    Does one know how far authorities go today? It seems some authorities need rabid shots’. Even this election is a bit of an underdog or over-dog. I’m sure that with that in American Government no wonder the scales of Justice are unbalanced and have been for hundreds of years.

    Guys on here talk about witch hunts. A lot of others come on here with a brainy-act type of mentality so whats wrong with the status quo today…. To many words in the game. I have my faults also. One guy as I was going to the post office said that with the invent of computers that is a downfall. I’m sure we all did just as good without them.

    I see John Hinkly is in the news. It was a shame he went psycho and shot President Regan and yes most just want a fair hand in life. This sex offender issue is way off base and respect and reputation is like a tarr and feather treatment. Preson is bad enough for some and still some will play this prostitute game on others. Oh its for public safety. Well whats the virus all about than? To wear a mask or not to wear a mask that is the question. I’m sure we all get tired of that.

    Seems the good Lord know’s whats going on and man seems to think scientist are the great cure all and mankind wants to prove and figure out everything under the sun it seems. Talk about From Russia with love.. So when do the body snatchers come in. I’m sure anyone that has read Mad Magazine know’s that answer. Maybe this virus is this invasion and is a tell all for those more intelligent species of mankind to understand their own faults. Seems religion is taking a pock shot today. So were are ethics today understanding and truth today.. or is it a pipe dream.

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