Two seemingly unrelated cases in the news this week share a troubling link. ____ ____, the infamous former Stanford student who was convicted of sexual assault of an unconscious woman, was released from jail after three months last Friday, reviving outrage over his months-long sentence. Just days later, the Jacob Wetterling case — in which a young Minnesota boy was abducted, assaulted, and murdered 27 years ago — came to a close, as his long-suspected murderer confessed to the crime. Full Article
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Big headlines make bad laws (Opinion)
When horrific and ugly crimes make headlines, politicians like to seize the opportunity — to make their own headlines. So when Superior Court Judge Aaron Persky sentenced former Stanford student Brock Turner, now 21, to six months in jail — he served only three months — for sexually assaulting a woman who was too inebriated to consent to sex in 2015, California lawmakers did not hesitate. The same California Legislature that just passed the Restorative Justice Act, which touted alternatives to incarceration, shamelessly passed two tough-on-crime laws. Both are now…
Read MoreCDCR Agrees to Drop Halloween Sign Requirement
The California Department of Corrections and Rehabilitation (CDCR) has agreed to permanently eliminate on a statewide basis its requirement that registrants post a sign on their residences on Halloween. This agreement is the result of a lawsuit filed in 2015 by California RSOL and two individual plaintiffs in San Diego and Los Angeles. “In the past, CDCR placed registrants they supervised and their loved ones in danger of significant harm, even death, by their requirement that registrants post a sign on their residence on Halloween,” stated ACSOL president Janice Bellucci.…
Read MoreMI: Sex offender laws and the 6th Circuit’s Ex Post Facto Clause ruling
The Volokh Conspiracy: I wanted to add a few words to co-blogger Jonathan Adler’s posting about the recent 6th Circuit decision in Doe v. Snyder, in which the court voided application of the Michigan Sex Offender Registration Act (SORA) on the grounds that it imposes retroactive punishment on previously convicted sex offenders in violation of the constitutional prohibition against Ex Post Facto laws. Full Editorial Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]
Read MoreCO: Three sex offenders lose round in court
U.S. District Judge Raymond Moore on Aug. 30 denied a motion for a temporary restraining order, meaning Englewood can continue to enforce its sex-offender residency restrictions for now. However, he did agree to hear evidence in a Sept. 28 court session on the request for a preliminary injunction that would halt enforcement of the residency restriction. Full Article
Read MoreAZ: Homeless sex offenders still face 72-hour reporting despite 2006 rule change
PHOENIX – A court ruling says an Arizona law intended to make it practical for homeless people to register as sex offenders only goes so far. Full Article
Read MoreJacob Wetterling, Found at Last – R.I.P.
The remains of Jacob Wetterling have been found in Minnesota. Jacob was abducted in 1989 at age 11 in a case that scared, scarred and deeply saddened people around the globe. As his mother Patty texted to the Minneapolis Star Tribune on Saturday: “Our hearts are broken. We have no words.” Full Article
Read MoreGeneral Comments September 2016
Comments that are not specific to a certain post should go here, for the month of September 2016. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Read MoreAZ: Court rejects Cochise County man’s challenge of sex-offender registry
WASHINGTON – A federal court Friday upheld a Cochise County man’s conviction for failing to register as a sex offender, even though the state’s the sex-offender registry law was passed the year after his sexual misconduct conviction. A three-judge panel of the 9th U.S. Circuit Court of Appeals rejected David Bernard Clark’s argument that applying a law that passed after his crime was an improper ex post facto application. Full Article Decision Oral Argument Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED] The 6th…
Read MoreMO: Doniphan men accused of killing sex offender, burning his body
DONIPHAN, Mo. — Two Doniphan men were charged Tuesday night after authorities say they admitted they shot a sex offender to death and burned his body in April. Matthew Brandon Bruce, 29, and Michael G. “Mick” Harris, 59, were charged Tuesday with the first-degree murder, armed criminal action, tampering with physical evidence and abandonment of a corpse. Full Article
Read MoreNC: North Carolina Kicks Sex Offenders Out of Libraries, Parks, and Fairs
A new sex offender law took effect in North Carolina on Thursday, restricting offenders’ freedom of movement and association by barring them from libraries, recreational parks, pools, and fairs. The law is designed to replace a previous measure that a federal court ruled unconstitutional in April. It will do nothing to stop sex crimes while continuing to isolate, penalize, and ostracize fully rehabilitated offenders who are attempting to rejoin society. Full Editorial
Read MoreState Dept. restricts passports for sex offenders
The State Department is threatening to take away the passports of certain sex offenders. Federal law requires registered sex offenders to display a unique mark on their passports to notify officials in foreign governments when they travel abroad. Passports that do not contain the mark could be confiscated, the State Department said Thursday. Full Article Related https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-21087.pdf Janice Bellucci comment: According to the article, the IML case was dismissed which is not true. The article links to an article from April 2016 which correctly reported that our Motion for a Preliminary…
Read MoreMI: Politics & Prejudices – How about a financial offender list?
How’s this idea: The government starts a financial offenders’ list that includes every slumlord who has ever been convicted of code violations. We add to that all the subprime mortgage scum who almost destroyed our economy. Full Editorial Related MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]
Read MoreRate of Re-Offense Drops Again
According to a new report from the CA Department of Corrections and Rehabilitation (CDCR), the rate of re-offense for registrants on parole declined again in 2015. This is the third consecutive reduction in the rate of re-offense reported by the CDCR. The new CDCR report states that the rate of re-offense for registrants on parole was .6 percent in 2015. That rate compares to CDCR reported rates of .8 percent in 2014, 1.8 percent in 2013 and 1.9 percent in 2012. “The CDCR reports debunk the myth that registrants have…
Read MoreTeam finds Sacramento County sex offenders living with minors
A special Sacramento County law enforcement team recently visited dozens of homes looking for sex offenders who might be in violation of their registration requirements. Full Article
Read MoreFBI’s massive porn sting puts internet privacy in crossfire
For two weeks in the spring of 2015, the FBI was one of the largest purveyors of child pornography on the internet. After arresting the North Carolina administrator of The Playpen, a “dark web” child-pornography internet bulletin board, agents seized the site’s server and moved it to an FBI warehouse in Virginia. They then initiated “Operation Pacifier,” a sting and computer-hacking operation of unparalleled scope that has thus far led to criminal charges against 186 people, including at least five in Washington state. Full Article
Read MoreJudges Are Starting to Question Overzealous Sex-Offender Laws
There’s a stark divide between lawmakers and experts when it comes to laws which restrict where registered sex offenders can live. Cities and states all around the country have enthusiastically banned offenders from living too close to schools — and introduced other, similarly oriented restrictions — on the grounds that such legislation is a common-sense way to help keep kids safe. Experts, on the other hand, have insisted that these laws at the very least don’t reduce recidivism, and could have the opposite of the intended effect, increasing the odds…
Read MorePrescott on Post-Release Regulations and Sex Offender Recidivism
Abstract: The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet,…
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