ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (3/20 Recording Uploaded)
Emotional Support Group Meetings

National

TN: Ruling could signal future change to Tennessee’s sex offender registry

[newschannel5.com – 4/7/21]

NASHVILLE, Tenn. (WTVF) — Could hundreds of sex offenders be removed from the state’s sex offender registry? That’s the worry from some victim advocates following a federal court decision this week affecting two convicted sex offenders in Tennessee.

The lawsuit was filed by two anonymous convicted sex offenders, John Doe #1, and John Doe #2, who said Tennessee’s sex offender registry act should not apply to them.

That law, passed in 2004, required the two to register as sex offenders and obey distance requirements when finding a place to live or work.

But the two committed their crimes before the state legislature created the sex offender registry; so this week, a federal court ruled the registry was unconstitutional with regard to the two sex offenders because the registry punishment was created Ex Post Facto – or “after the fact” of their original crime.

“If you commit the crime, they cannot increase the punishment later, just on the whim of the legislature,” said Ed Yarbrough, attorney for the two offenders.

But the bigger impact could still lie ahead: the decision could open the door for someone to challenge Tennessee’s entire sex offender registry — potentially lining up any sex offender who committed their crime before 2004, to be removed from it.

Read the full article

 

We welcome a lively discussion with all view points - keeping in mind...  
  • Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  • Please keep the tone of your comment civil and courteous. This is a public forum.
  • Please stay on topic - both in terms of the organization in general and this post in particular.
  • Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  • Please take personal conversations off this forum.
  • We will not publish any comments advocating for violent or any illegal action.
  • 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.
  • Please refrain from copying and pasting repetitive and lengthy amounts of text.
  • Please do not post in all Caps.
  • 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.
  • We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  • We will not publish any posts containing any names not mentioned in the original article.
  • Please choose a user name that does not contain links to other web sites
  • Please send any input regarding moderation or other website issues to moderator [at] all4consolaws [dot] org
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.  
 
22 Comments
Inline Feedbacks
View all comments

“Registry PUNISHMENT was created EX POST FACTO” that seems to say it all, doesn’t it. The registry is PUNISHMENT.

Yes, when anyone talks about the registry they tend to refer to it as a “punishment.” However, if a registrant tries to call it a punishment they are quickly corrected that it is an “administrative” function. SMH.

By legislative text, it is administrative and not punishment as affirmed by many courts, but not all. By society’s use of it, it is continued punishment of their fellow human. When that is brought to the table for discussing, legislatures and many courts say it is only administrative based upon initial intent while they cannot control how fellow human’s use it (but aren’t afraid of the fine print caveat of what it is not to be used for). The publishing of already public information. Therefore, when that argument is presented to legislatures, the registry is the tool that should be… Read more »

We should create our own registry for politicians, judges, and law enforcement. Name, picture, and their home address. Maybe list a few bad things they did or laws proposed/passed. No discussion or anything. We can even have a little disclaimer that says this info is not to be used to harass them or their families. Basically, mirror ML.

It’s just and FYI, right? What the public might decide to do with this information isn’t our problem. We did all we could by including that “not for harassments” disclaimer.

“Could hundreds of sex offenders be removed from the state’s sex offender registry? That’s the worry from some victim advocates… ” Is this a good enough reason to have a sex offender registry?? If the fear is that a past victim might accidentally encounter the individual who assaulted them while grocery shopping or standing in line to see a movie, then why isn’t there a domestic violence registry, a murder registry, a DUI manslaughter registry – all based on the exact same reasoning?? Would the victim of domestic violence not as traumatized and fearful as the victim of a sexual… Read more »

The Truth is …. NO YOU CANNT KEEP APPLING PUNISHMENT !!!!! After a sentence is served this is what they have been doing here in Michigan for 25 years and the Legislation keeps allowing the punishment too get more and more severe, year after year and they get away with it by saying its amendments like they are trying too do with the back door move they just pulled with this new unconstitutional law house bill 5679 that has not addressed the fact they retroactively applied LIFE sentences via mail man years after a conviction, to thousands of men ,… Read more »

TNT,

Im afraid you are correct. However in the recent case of Whilman VS United States, the sixth circuit found registrants are still obligated to register per SORNA, even if their state removes them (ie, new legislation, etc). which sucks, but appears to be the case. Tennesse is also covered by the sixth circuit decision. The Sixth Circuit pretty much went the opposite of what they ruled in 2016 regarding Michigan’s Registry.

@ Stan … That is not what has happened in Michigan … the State thinks they are the Judge and running the Federal Court room, The legislator is back dooring and ignoring the Federal Courts Rulings & all while asking a Federal Judge too Force pre 2011 registrants too comply to a unconstitutional new law that is just as unconstitutional as the last one that the court already ruled unconstitutional and released 5 other registrants because of a court ruling. Lets Hope this Judge sees this new law is just as bad and will not force the citizens of this… Read more »

P.s ….. Lets Not forget the fact that the 1995 statue in Michigan stated in black and white…. That the registry was for law enforcement use “ONLY” not plaster peoples faces all over the internet so they can not provide for their families so their families can be treated like S*%t their kids can be tormented by evil little soccer mommies off springs, day in and day out at their schools or in the neighbor hoods where they live and play. Its SICK ! Its punishment for not just those on the registry but everyone who lives in their homes… Read more »

Last edited 4 days ago by TnT

If anyone can find one single criminal case outside of registry offenses that the registry played any role whatsoever in investigating, I will print every court document an news article related to that case and eat them. The registry holds absolutely no value to law enforcement whatsoever beyond the federal funding to maintain it (only a fraction of which is spent doing so). For one, there’s nothing on it not available through NCIC and the state counterparts that feed it, both routinely consulted in any normal investigation anyway. For another, the accused in a sex offense is nearly always identified… Read more »

Dustin, a couple years ago, there were cop cars in front of my house with their lights on. So I went outside and asked them what was happening. Apparently, a boy living in the apartment building across the street from me didn’t come home from a friend’s house and no one could find him. The officer asked me to keep an eye out for him and let them know if the kid shows up. (Really?? I should do that?? LOL 🤣🤣🤣🤣)
Yes indeed, that Registry I’m on sure keeps the LEOs well-informed! 🤣

For a civil administration price club membership one gets:

Unemployment/underemployment
Limited housing/ homeless
Family/friends leaving you due to stigma
Loss dating
Mob harassment
Increase in violence against you
Information plastered for all to see
Tech violations back into the system
Government whipping class

Advocates for all crimes should want to help victims overcome their trauma

The problem with that reasoning is that victim advocates need victims to remain traumatized to maintain their living.

Case in point, Samantha Geimer, the victim in the Roman Polanski affair. She’s been very vocal over the years that she was over what happened and was more traumatized by the press and victim advocates. I would think victim advocates who really want to help victims would regard her as an example. But in fact, they shun and disregard her whenever her name comes up.

This is a copy of a comment I posted elsewhere (FAC) regarding the same TN decision. It is iconoclastic, but I believe it needs to be said. ——————————————————- I’m going to express a viewpoint regarding victims that will probably get me hunted down by people with pitchforks and torches. I propose that when it comes to the subject of registration, the desires of victims are not relevant. (“Burn him. He’s a witch.”) Make no mistake, I do have great compassion and empathy for victims of sexual assault. The wishes of victims are primarily driven by feelings of retribution, which are… Read more »

Registration IS punishment and it does not enhance public safety.

I’ll caveat Ed C’s observations with the equal expectations of negative responses and feeling that this needs to be said. In my experience, the overwhelming majority of sex crime victims do get over their ordeals and lead perfectly normal lives. Those that don’t are the ones that are (or demand to be) coddled and use the crime committed against them as a crutch or excuse for every stupid decision or mistake they ever make, to the delight of the Wendy Murphys and Lauren Books of the world, most of whom make a living exploiting those same victims for whom they… Read more »

There is only one valid reason to have the Hit Lists and that is to attempt to prevent any future crimes. At least that is the only significant valid reason that I can think of. Someone know others? Given that, the Hit Lists have nothing to do with prior victims. Even the “I want to know where the person is living and working so I can keep tabs on them” nonsense isn’t valid. Who fantasizes that changes anything in reality? How ridiculous. Someone who would stalk someone and potentially murder them or whatever isn’t going to let 1,000 miles get… Read more »

The “Hit List” is hurting more children then it is saving this is prove able , every registrants whos kids live in the same house hold suffer , bulling , ostracizing, shunned by other parents as well as kids in the community they live in. Halloween for a kid who lives in a registrants home is pure HELL on the kids, Police showing up at registrants homes is punitive to the entire family, The registry punishes the entire family that resides in the same house hold in many punitive ways. A public registry is punishment in every aspect .

No doubt about it. I would be very, very surprised to ever see any child that lives in a Registered house that has not been bullied, ostracized, and harmed directly. Registry Supporters/Terrorists don’t care about that and they don’t care about children. They care about how they feel. They are scum. I can’t even get started on all the negative effects on children beyond the direct attacks on them. There are just so many. And it goes on for decades. After they grow up and have their own children, it affects them as well. The Hit Lists are truly idiotic… Read more »

If the law is declared punitive, wouldn’t that also prevent the State from imposing it on someone convicted elsewhere than TN? Besides an ex post facto (increasing punishment) violation, wouldn’t it also be a Sixth Amdt. violation for imposing punishment without a trial?

These rabid a-holes should’ve stuck with what SCOTUS (erroneously) said was okay. Instead, they just kept piling on and piling on.

Miriam Aukerman and ACLU-MI deserve some sort of national award for the ball they got rolling.

Nashville’s Sexual Assault Center says that could discourage current and future victims of sexual assault from coming forward to report an already underreported crime.“We would worry that victims and survivors of sexual assault would feel more discouraged and less empowered to come forward and report their abuse,” said Rachel Freeman with the Nashville Sexual Assault Center. These people have it exactly backwards. NOT having dad, mom, uncle, sister, etc., publicly exposed will most likely increase reporting, especially in cases where it’s the breadwinner who’s at risk. As for the second paragraph, why would a “non-punitive regulatory scheme” (tyvm SCOTUS) have… Read more »

22
0
Would love your thoughts, please comment.x
()
x
.