I stood silently as the customs official swiped my passport through the card reader at his station. He swiped it again then lifted his head and stared at me judgmentally. Turning to his terminal, he began typing frantically. “Is something wrong?” I asked, knowing that something indeed was wrong. “Is it the magnetic strip?” “No,” he stated tersely. “The computer has flagged you as a sex offender.” He called out something like, “I need an assist,” and a rather large agent quickly approached. “Sir, you need to go to secondary.…
Read MoreCategory: General News
The FBI ran a child porn site to catch predators, and now the accused are crying foul
When ____ ____ ____ logged into a large child pornography website and downloaded images using his work computer, he was charged with receipt and possession of child pornography. The operator of the website that was exploiting children, however, was not arrested. That’s because it was the FBI. And federal prosecutors are defending the agency’s decision to secretly hijack and peddle child porn for two weeks as part of a sting operation. Full Article
Read MoreNew bill in Congress affecting sex offenders
There is a new bill in Congress HR 61 – Fair Chance for Youth Act of 2017 the purpose being “To provide for the expungement and sealing of youth criminal records, and for other purposes.” However, if the offense is a sex offense, that youth would not be eligible for expungement and sealing of youth criminal record. Again it seems that more than the “offense type” should play a part in any denial, but I am not in Congress. Readers should contact their representatives in DC and try to get…
Read MoreU.S. Sentencing Commission Seeks Public Comments
The U.S. Sentencing Commission is seeking public comment on proposed amendments to the federal sentencing guidelines. The deadline for public comment is February 20, 2017. One of the proposed amendments is related to first offenders and alternatives to incarceration. The Commission plays an important role in the sentencing of individuals convicted of federal sex offenses, including possession of child pornography. Written comments should be sent to the Commission by either electronic mail or U.S. mail. The E-mail address is [email protected] and mailing address is U.S. Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington, D.C. 20002-8002,…
Read MoreCalifornia court upholds child porn reporting law
Therapists in California can be required to report patients who have looked at child pornography on the Internet despite the therapists’ claim that their clients are entitled to confidentiality and pose no threat to children, a state appeals court ruled Monday. Full Article Decision Background:Los Angeles Drug Counselor to Therapists: Don’t Out Child Porn Patients Assembly Bill No. 1775
Read More“How I Got on the Sex Offender List” — By a Mom of Three
Sometimes when I post about the Sex Offender Registry, I get comments like, “Those scum don’t deserve to EVER live a normal life!” This note below is to remind us that a study of 17,000 people on the registry by the The Georgia Sex Offender Registration Review Board found that about 5% were “clearly dangerous,” and 100 could be classified as sexual predators. Not that the other thousands and thousands of registrants were all Romeo and Juliet cases, or teens who sexted. Just that most people who have been arrested…
Read MoreMN: Minnesota’s Rational Indefinite Commitment of Sex Offenders
Minnesotans who receive the label “sex offender,” and are determined either a “sexually dangerous person” or “a person with a sexual psychopathic tendency,” now face the potential for life incarceration in a civil commitment facility. The Eighth Circuit Court of Appeals recently held the North Star State’s policy of locking up allegedly dangerous persons for an indeterminate period of time is completely rational and rooted in legitimate government interests. Full Article Related MN: Appeals Court – Sex Offender Program Constitutional (ACSOL) Collection of recent articles…. http://www.wbur.org/hereandnow/2017/01/06/minnesota-sex-offender-program http://www.startribune.com/let-s-use-court-ruling-to-look-anew-at-msop/409940485/ http://www.startribune.com/civil-commitment-ruling-a-setback-for-civil-rights-reforms/409940215/ http://www.postbulletin.com/opinion/our_view/our-view-sex-offender-program-still-needs-reform/article_8c195f7f-7a43-5b9d-9794-8e05ce7c966d.html http://www.startribune.com/appeals-court-got-it-wrong-in-upholding-indefinite-commitment-of-sex-offenders/409835015/
Read MoreBest Buy Geek Squad Informant Use Has FBI on Defense in Child-Porn Case [updated]
FBI agents and prosecutors usually strut inside Santa Ana’s Ronald Reagan Federal Courthouse, knowing they’ve focused the wrath of the criminal-justice system on a particular criminal. But an unusual child-pornography-possession case has placed officials on the defensive for nearly 26 months. Questions linger about law-enforcement honesty, unconstitutional searches, underhanded use of informants and twisted logic. Given that a judge recently ruled against government demands to derail a defense lawyer’s dogged inquiry into the mess, United States of America v. ____ _ ____ is likely to produce additional courthouse embarrassments in 2017. Full Article…
Read MoreSerial child molester loses on appeal
An appeals court on Wednesday reinstated the conviction of a serial child molester from Maryland whose case was held out as a major success of a law to punish sexual predators overseas. Full Article
Read MoreGeneral Comments January 2017
Comments that are not specific to a certain post should go here, for the month of January 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Read MoreWhy rape cases should not be subject to reasonable doubt
Conviction rates for sexual assault against women are shockingly low, to the extent that, even in a developed nation such as the United Kingdom, only 6 per cent of rape allegations result in a conviction, a far lower rate than for any other violent crime. As The Guardian columnist Julia Bindel puts it, ‘rape might as well be legal’. Disturbingly low conviction rates have many explanations, but one contributing factor is the ‘beyond a reasonable doubt’ standard of evidence employed in criminal cases. This standard requires that the jury not…
Read MoreIs It OK To Automatically Hate Sex Offenders?
A few months ago I was asked by the editors of Sex Offender Law Report to write an article, intended for a legal system readership, discussing the inner-life of sex offenders, including analysis about whether some offenders are more/less dangerous than others, and if we can tell the difference. (They are, and we can.) That article will likely be published in mid-2017. In the interim, I want to present a simplified version here, written for both a clinical and lay audience. And yes, I realize this is a controversial subject. After all, if there’s…
Read MoreEFF to Supreme Court: Strike Social Media Ban for Sex Offenders
Yesterday, EFF and its allies Public Knowledge and the Center for Democracy & Technology filed an amicus brief asking the U.S. Supreme Court to strike down under the First Amendment a North Carolina law that bans “registered sex offenders” (RSOs) from using all Internet social media. This law sweeps far too broadly. Social media are one of the most important communication channels ever created. People banned from social media are greatly handicapped in their ability to participate in the political, religious, and economic life of our nation. Full Article
Read MoreNew evidence says US sex-offender policies are actually causing more crime
… Cases like this might seem to argue for even tougher controls on ex-offenders convicted of sex crimes. But new research indicates that the existing sex-offense regime in the US actually may be making repeat sex crimes more likely. Full Article
Read MoreSex offender housing and mobility – New research
A new study looks at the residential patterns of registered sex offenders 15 years after arrest. Full Article
Read More60-year Sentence in Child Pornography Case Is Found Substantively Reasonable
On Tuesday, the Second Circuit issued a decision in United States v. Brown. The opinion presents an interesting debate about how the federal system punishes defendants accused of child pornography charges. I encourage defense attorneys to check out both the concurrence and dissent, for some powerful arguments about the risks of unreasonable sentences in child pornography cases. Full Article
Read MoreAnother Eye-Popping Statistic
Earlier this year, I talked to the press spokesperson for a state senator who was proposing a new ban targeting those on the state’s sex offender registry. I asked her about the purpose of the legislation–why focus on this group of ex-offenders? The question seemed to catch her off guard: “Oh! Well these people reoffend at very high rates compared with others!” she replied. Full Article
Read MoreGeneral Comments December 2016
Comments that are not specific to a certain post should go here, for the month of December 2016. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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