Listen to University of Michigan law professor J.J. Prescott’s recent Stateside interview with Lester Graham. Professor Prescott’s research was utilized by the Sixth Circuit in its recent decision holding the ex post facto application of sex offender registration requirements unconstitutional.
12 Thoughts to “Audio link: Registries do more harm than good”
These laws are clearly based as punishment and deserve a tweak in fair based conclusions on how one is classified. The secondary sites feed off the public registries often retaining outdated or incorrect information claiming they can’t be sued for libel, slander or any other tort for wrongdoings.
I have registered in 5 states due to my service in the military and mostly the result was a schematic shaming process and out of the five one was particularly a “check the block” scenario when all said and done and mostly low key effort to not impact the “compliant” registrant. It is very important to recognize the practice of your local and statewide politicians on how they come to fruition on thier own policy making and the mindset they utilize to enact or convey such remedies of the law. We tend to allow these standard bearers to carry a coveted and wildly wielding sword in the sake and name of justice which becomes blind because of personal ambitions and other ulterior inclinations. These policies have indeed festered into a vicious fireball meant to harm and derail the registrant to a minimal and third class citizen. It is obvious and at best a clear intent of these so-called regulatory requirements, to be construed as outright punitive and defamatory to the strongest degree.
Very well said, Ron. This Michigan case gives hope that the draconian sex offender registry can finally be labeled for what it truly is, punishment.
The upcoming presidential election is of the utmost importance to all of us who want to put an end to the collateral damage being listed on a public registry has done not only to us but our families as well. Replacing Scalia with another Scalia will not resolve our issue.
Those of us who still have voting rights need to look beyond anything we do not like about the Democratic candidate and vote for her anyway if we want real hope of this horrible law, that her husband signed, to have a chance of finally being called what it truly is … UNCONSTITUTIONAL!
I’m not sure she would advocate or exact a departure that was set by the outgoing commander and chief. I have certainly heard the talk about criminal justice reform and I’m still confused as to what is entailed about the IML is it strictly for registers citizens or anyone convicted of a offense with a minor whether registered or not? All these unequal enactments that are force and fed to the public at large were simply meant to confuse and offset simple comprehension of its given policies. As a veteran and public servant I’m severely dismayed at the actions taken by people who have no keen judgement or care of the impact for these leaning legislative intents.
According to the language, the IML is specific for those who are convicted of offenses where minor’s were involved. That does not mean it will be followed (or enacted) that way, but that is the letter of the law, as written online today.
I don’t believe it would mean she would advocate or exact a departure from the current POTUS, but she could nominate up to three SCOTUS Justices as discussed during this political season, that right there could be a way for major changes to come.
Also, keep in mind, for what it is worth, SCOTUS has overturned previous SCOTUS rulings. Positive thinking would say new Justices, one appeal from a state AG accepted to be heard by SCOTUS on registries, never know what could happen…..
What makes you think changes will be made by Clinton?
Do you actually believe that the election of Hillary Clinton, a CSA victimologist, will result in the abolition of the public sex-offender registry? Do you believe she opposed the registry and will appoint judges and SC justices whose rulings will abolish it?
Honestly that question begs for an obvious response, most politicians throw jurisprudence like a javelin out the window of justice and abort anything that has no notoriety or polish the loving legacy of a given politician. It is a shame that these woman and man would boldly assert and engage in argument that they are absolutely right and not even remotely wrong . Now as for trump, his stance would maybe surprise some or alienate others due to his extreme fluctuation in decision making. Now most grown men seem to be inclined to be somewhat of a protectionist, one of them being men’s rights and making laws less enforcing as others, because of the proclivity of indictments, accusations and simply men getting beat up for the last few decades. Ironic, all these things that use to matter and were once commonly shouted as “true tenets” to the constitution and are merely dead look and see scrolls in this day and era. I have fought the long fight and gained a relative portion of freedom regardless of my registry mandate. And the other half is an amazing story. I have little girls in my driveway. I dress up for Halloween I help kids to get to parents in church , I exercise every God given amenity that I am blessed with regardless who’s looking around the corner. I am glad. I’ll help anyone that needs help
Each candidate as a list of potential SCOTUS nominees already to tap should the need arise.
It is the Senate Judiciary Committee that votes on the nominee before it possibly goes to a full Senate vote of confirmation. The nominee may not even make it to a full vote despite which candidate is elected POTUS.
With the state’s cases coming to similar conclusions about registries being continued harmful beyond the initial punishment given, ex posto facto application is illegal and other related items RC’s face which have been challenged in court, either in state supreme courts, federal courts or circuit courts, it will make any case heard by SCOTUS that much more difficult to decide when the decisions are piling up for RC victories…I would imagine you probably could take on Justice Kennedy indirectly and challenge his high % assertion in the forum.
The regnant and seminal force that created and sustains this mass-psychosis and hysteria and “moral panic” and witch-hunt is feminist ideology -CSA victimologists are almost all feminists and progressive/left-liberals- in alliance with the anti-sex Christian right. This “unholy alliance” of people and groups that hate each other in most ways and the need of politicians, democrat and republican, to pander to them for votes explains the enactment of these draconian/Orwellian laws and punishments for sex-offenders, even first-offenders convicted of nonviolent and mala prohibita crimes that are legal acts in dozens of other nations, including European countries.
As neither an hysterical anti-sex feminist or an hysterical anti-sex Christian, I think it more likely that Trump would appoint judges and SC justices whose rulings would abolish or at least mollify and limit the punitive and repressive nature of the public registry and other draconian/Orwellian punishments. But I’m not optimistic, no matter who is the next president..
Thank you JJ Prescott for your involvement in the sex offender registration assessment. Agreed, there needs to be a more common sense approach to who and what “crimes” should be considered for public knowledge. The majority of “offenders” have served their sentences and times, have experienced gross continued punishment, and they are considered “low risk”. Indeed, even murderers and dangerous criminals have more freedom. Keep up the good towards this issue.
I do suspect that trump would be a unique enactment of certain laws that depart from the norm in favor of men who’ve been scorned by such slights. I think a privatize platform should be presented to him in regard to the IML stance and SORA current posturing in political real-time schematics.
I think Trump the better choice as he might also be successful in overturning Rode v. Wade.
I’ve been on the NC registry for 13 years now. I’m very poor and have redneck neighbors all up and down the street who hate me. I don’t understand why. I never did a thing to them. I’ve had bottle rockets shot at my trailer. My door pounded on several times and they run off. Gunshots are fired off in the woods when I walk out my door and when I get home from the little work that I scrape up. It has been pure hell.
Yet in this time I’ve managed to write a Bible memorization program. Just google “Memorization Professional.” I have transcribed many sermons and posted to YouTube. see ReadItHearIt add in the dot and c and o and m.
I’m a very gifted pianist, but because of such laws many churches have told me to hit the road. So unfair and unconstitutional.
At the time of my trial my daughter refused to testify against me and she informed the prosecutor why: “I love my dad.” At the time of the offense she was 12 and it was not rape – no penetration.
Yes it was very wrong. But I did my time: 8.5 years, under minimum mandatory sentencing laws. That was bad and finished off my family, career, name and everything. But with such harsh laws I’m still doing time.I’m a modern day leper like the million or so others. And 99% of them would hurt no one. I think that most of us are the finest of citizens; and not by their unjust laws.
If sex offenders must register, so should supposed mothers who abort their babies. Yet my daughter lives and would defend me against anyone.
Yet, no registration laws should exist for any offender. If one does his sentence, he has fulfilled the law’s requirement.