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General Comments October 2020

Comments that are not specific to a certain post should go here, for the month of October 2020. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil. This section is not intended for posting links to news articles without additional relevant comment.

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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.

  9. A.D.A.T.

    On this Halloween, I am drawn to the stupidity of what lengths some areas will go to to humiliate and ostracize their citizens. Signage in front lawns? Really? What is next, making Registrants put bumper stickers on their cars saying, “ I am a Sex Offender “ .
    Are they worried that some people won’t jump on the M.L. Site and take matters on themselves? That they need the help of our public servants to make them hate their neighbors?

    • LS

      @ A.D.A.T. You know, thats a good point. One I never really thought about. But ya, its really like they are insulting the every day citizen, in that they wouldn’t have brains enough to just go on the ML website all by themselves, if they are SO concerned. And ya, also sad that they want to pit neighbor against neighbor.

  10. Saddles

    A.D.A.T. and many of you all on here.. While some celebrate Halloween and some do not are we all grasping at straws. Now A.D.A.T. you had ask me once on here to never talk to you, or text you,”Why? Now I’m sure we all know why we are all here. Correct. Sure we can all make good points or is it free will. One either makes a decision or choice or do we do as one pleases?

    Should we all wake up in the morning and say who’s bearing the sword in vain with this evil tactic, who’s manulipating, who in this game or who wants to be the next presecutor of another. This bumper sticker sounds like a morbid type of cop out of over ruling, or who’s playing the devil’s advocate to avenge or who is the wolf in sheeps clothing?. Have not women, teens of the opposite sex brought down many. Now they want to do it via a computer so who’s slapping who?

    Much of this registry is morbid and very slick and crafty. I even got an e-mail the other day from some gal from Russia wanting to chat, or take me for a ride or whatever. Course I deleted it as a scam and I’m sure their are many via the internet. Should all should use rational understanding or would a person that follows the love thy neighbor use this type of vanity on another. So consider all of that and consider this offender game or who is offended when police come to your door and tell you that one need’s to be in during Halloween. So there’s your vanity and also the lack of respect in this game of pillfering the mind by sexual intent to gain advantage of one. Talk about reaping and sowing as I have said on here before in this test.

    As for the authorities…. well I’m only doing my job. Remember the love of money is the root to all evil.

  11. C

    My house got egged last night. Twice. Two attacks about two hours apart wasting about 1 dozen eggs.
    I sat in my truck from 11:30 until 2 AM waiting for them in case they decided on launching a 3rd salvo. While most of my time was spent figuring out how to keep the dome light from turning on and giving away my position when I stepped out to pee in the bushes, I wondered what I’d do if they came back? Confront and give them a “”good talking to” and demand to know where they live so I can have a word with their parents? For all I know, mom and dad supplied the eggs! When I was a kid my parents would send us out after dinner to play Ding Dong Ditch. Egging was a natural progression, but our targets were random. There’s nothing random about my house being targeted.
    Last night I hosed down the windows and siding. At dawn I went out to survey the battle damage and, wow, what a mess. I grabbed the ladder and scrubbed like mad before it hardened, my wife and kids saw it, and those motherless, egg-chucking twats could ride past and relish in their antics.
    I know, it’s only eggs, but naturally I’m worried it could escalate and some psycho will decide to avenge the “helpless victims” by targeting my family. My kids.
    Do I let it ride? Make it known somehow I’m not to be fucked with, or pre-empt an escalation by moving out and away from my wife and kids? I’d remain close enough to see them everyday and be their dad, but the additional financial burden would be a bitter pill to swallow.
    Any advice is welcome. I realize this site is primarily for legal issues, so please let me know of a forum where RCs can discuss these types of things.

    • Stephen H.

      You have to let it go, man. Could it be that it was targeted, or might escalate, is only speculation? Don’t let being forced to register consume your thoughts. It’s not healthy. Anything else would just be you giving in to their terrorism! That’s not to say there isn’t sympathy for your trauma. I imagine everyone here understands, and knows the fear you’re living with.

      To protect yourself and your family, and for peace of mind, perhaps it might be worthwhile to look into installing a security camera system?

      BTW, you’re in the right place. You can also check out Florida Action Committee. They have started a thread to compile comments about how the registry is punishment. I think your story would be most appropriate.

      https://floridaactioncommittee.org/why-is-the-registry-punishment/

      It would be better to channel your energy into fighting these unjust laws!

    • wonderin

      @C
      If I remember correctly, you have a ring camera? Perhaps there are reports from other homes in your area being egged? Perhaps one of your children were targeted instead of you or one of many other scenarios besides your listing on the registry. Too many possibilities and unknowns to draw conclusions just yet.
      From what I know of you anyone would welcome you and your family as a neighbor. Hang tough and good luck.

  12. A.D.A.T.

    I woke up this morning and couldn’t wait to find out how many thousands of children had been attacked, molested, or kidnapped by the horrible sex monsters. Image my disappointment when I couldn’t find ANY reports of missing or hurt children. Oh well, L.E.O.s, better luck next year. Guess you’re going to have to be content with doing your job of protecting the people you serve from the Real threats instead of the ones created by politicians.

    • Tp

      Don’t you know because of all the LEOs great work in monitoring and controlling us is the reason there were no attacks in children?

  13. David⚜️

    Could someone please explain to me WTF is going on?? Are there like 300,000,000 children “missing” in the U.S.??

    https://www.usatoday.com/story/news/nation/2020/11/01/us-marshals-operation-virginia-27-missing-children/6117291002/

    https://www.cnn.com/2020/11/01/us/virginia-missing-children-recovered-trnd/index.html

    Soon they’ll start searching for children who aren’t missing…. just to keep themselves busy! 🙄

  14. Notorious D.I.K. / Kennerly

    “QAnon Is Supposed to Be All About Protecting Kids. Its Primary Enabler Appears to Have Hosted Child Porn Domains.”

    Who’d a thought? Well, many of us in the registration reform movement, for one. Now enter Anonymous into the fray in what may mark a shift in its own historical/hysterical preoccupation with “pedophiles.”

    https://www.motherjones.com/politics/2020/10/jim-watkins-child-pornography-domains/

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