Who Is a Sex Offender?

You are not going to like this article. In fact, unless you are on the sex offender list or someone you care about is being forced to live with this stigma, chances are that you have almost no sympathy for those who have been found guilty of sex crimes. I would like to ask you to think about these people with an open mind. As the father of a daughter, I can tell you that I regularly checked the sex offender web sites to know which of my neighbors to…

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SCOTUS: Argument analysis – Justices skeptical about social media restrictions for sex offenders

At today’s oral argument in Packingham v. North Carolina, a challenge to a state law that imposes criminal penalties on registered sex offenders who visit social networking sites, Justice Elena Kagan suggested that social media sites like Facebook and Twitter were “incredibly important parts” of the country’s political and religious culture. People do not merely rely those sites to obtain virtually all of their information, she emphasized, but even “structure their civil community life” around them. Justice Ruth Bader Ginsburg echoed those sentiments, telling the North Carolina official defending the…

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SCOTUS: Court may strike law barring sex offenders from social media

WASHINGTON — The Supreme Court appeared likely Monday to strike down a North Carolina law that prohibits sex offenders from using Facebook and other social networking sites. At least five justices suggested during argument that they would rule for North Carolina resident Lester Packingham Jr. He was convicted of violating a 2008 law aimed at keeping sex offenders off internet sites children might use. Packingham used Facebook to boast about beating a traffic ticket. The state’s lawyer said the law deals with the virtual world in the same way that…

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SCOTUS: Court to consider social media access for sex offenders [updated with media links]

In April 2010, Lester Packingham’s traffic ticket was dismissed, prompting him to take to Facebook to celebrate. He posted that “God is Good! How about I got so much favor they dismissed the ticket before court even started? No fine, no court costs, no nothing spent . . . Praise be to GOD, WOW! Thanks JESUS!” … Based on his Facebook post, Packingham was charged with violating a North Carolina law that makes it a crime for a registered sex offender to “access” a “commercial social networking Web site” when he…

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President Trump: War on Human Trafficking

According to the FBI, human trafficking is believed to be the third-largest criminal activity in the world. In recent years cases have been piling up and leads are hard to follow in many instances.   President Trump has vowed to bring “full force and weight” to battle this epidemic aggressively . In a Reuters video the president pointed out the seriousness of this issues in America and worldwide. A short synopsis of the statements maid by President trump indicate that globally nearly 21 million people are victims of human trafficking, according to the…

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SCOTUS: Removal of an immigrant for “sexual abuse of a minor”

The facts of the case sound like an episode of “Law and Order SVU.” In 2000, Juan Esquivel-Quintana’s parents lawfully brought him to the United States and settled in Sacramento, California. When he was 20 years old, Esquivel-Quintana had consensual sex with his 16-year-old girlfriend. He later pleaded no contest to violating California Penal Code § 261.5(c), which criminalizes sex with a person “under the age of 18 years” when the age difference between the parties is more than three years. Esquivel-Quintana was sentenced to 90 days in jail and…

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Reason Magazine Questions IML Decision, Other Federal Government Actions

The April 2017 issue of Reason magazine is focused upon federal government actions that result in harm to registrants and their families. The magazine is currently available by subscription only and can be obtained at a price of $15 for an annual digital subscription at www.reason.com. The magazine includes a discussion of our challenge to the International Megan’s Law (IML) and includes accurate statements about the lawsuit and some of its plaintiffs starting on page 34. The article also criticizes the judge’s decision and concludes with the following statement: “What’s…

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Companies Expanding Employment Opportunities

More than 100 companies have announced that they are now willing to hire individuals previously convicted of a felony offense. The companies range from McDonald’s to the New York Times and also include American Express, B F Goodrich, Dunkin Donuts, Hilton Hotels, the Salvation Army, Target and others. It has been reported that some, but not all, of these companies are willing to hire individuals convicted of a sex offense. California law prohibits employers from discriminating against a registrant solely because he is required to register as a sex offender…

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Want to Make a Lie Seem True? Say It Again. And Again. And Again

YOU ONLY USE 10 percent of your brain. Eating carrots improves your eyesight. Vitamin C cures the common cold. Crime in the United States is at an all-time high. None of those things are true. But the facts don’t actually matter: People repeat them so often that you believe them. Welcome to the “illusory truth effect,” a glitch in the human psyche that equates repetition with truth. Marketers and politicians are masters of manipulating this particular cognitive bias—which perhaps you have become more familiar with lately. Full Article

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What In The World Are “Traveling Pedophiles”?

I read an interesting article regarding NJ Rep. Chris Smith, author of the International Megan’s Law ,which has just completed it’s first year in existence. According to Smith who met with a delegation from Thailand which included Ambassador Pisan Manawapal and representatives for the Royal Thai Police, gratitude for the law was expressed. Purportedly 160 convicted sex offenders tried to enter Thailand during the past year. Worldwide 1,780 notifications of “pedophile travel” were sent to 64 countries, particularly those known to be destinations for child sex tourism. Full Editorial

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International Megan’s Law: One Year Later

One year to the date of its enactment, Rep. Chris Smith (NJ-04) reports that the International Megan’s Law is already having the intended effect of reducing the threat of child sex tourism.      Smith, who authored the bill, met today with a delegation from Thailand who expressed deep gratitude for the enactment of the law. During the meeting, Ambassador Pisan Manawapat, joined by representatives from the Royal Thai Police force, indicated that in Thailand alone, over 160 convicted sex offenders were caught trying to enter the country. Worldwide reports indicate…

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Putting Trump’s Travel Ban and IML into Perspective

It’s been just over one week since Trump’s Travel Ban targeted certain immigrants and global citizens.  For those who followed this act day by day, it was very tumultuous week.  During the first few days, foreign green card holders and visa holders were instantly deported back to the country where their flight came from.  Some were detained for questioning by DHS and released.  The US government revoked between 60,000 and 100,000 visas that it previously approved for travel.   Civil rights and immigration attorneys quickly filed lawsuits.  One week later,…

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Say no to restorative justice for sex offenders (Opinion)

The debate around the Senate’s possible confirmation of Betsy DeVos, President-elect Trump’s nominee for Education Secretary, should kick start a national discussion on how colleges and universities handle sexual assault. Recently, much of that conversation has revolved around “restorative justice,” programs that aim to respond to misconduct or crime by redressing the harm inflicted on victims and the community, rather than simply punishing offenders. As a victim of childhood sexual abuse myself and an attorney who now represents sexual assault survivors every day, I can say without doubt that restorative…

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President Trump Nominates Judge Neil Gorsuch to the US Supreme Court

Today, President Donald J. Trump nominated Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit to fill the Supreme Court vacancy created by the passing of Justice Antonin Scalia. The nomination of Judge Gorsuch comes after a selection process marked by an unprecedented level of transparency and involvement by the American voters. White House News Release

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Sex Offender Laws: Fair for Some, Draconian for Others

In my previous posting to this site, “Is it Automatically OK to Hate Sex Offenders?,” I discussed the various types of sexual offenders, noting that some are more likely to respond to treatment and less likely to reoffend than others. In this follow-up article, I discuss the fact that even though not all sex offenders are created equally, they are uniformly subjected to the same highly punitive and largely inflexible sentencing laws. Full article

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