The registry continues to crack and crumble: a due process victory

By Morgan G. Stalter . . . Alaska’s Supreme Court on Friday ruled that the state’s sex offender registry violated the due process rights of those convicted of sex crimes in other states, deeming it “too broad and arbitrary when it includes offenders who are not dangerous.”

The court ruled 3-2 in favor of a man, referred to as John Doe, who moved to Alaska after being convicted of a sex crime in another state, local NBC affiliate KTUU reported.

The man argued that the Alaska Sex Offender Registration Act (ASORA) violated his right to privacy, his right to pursue employment and his right to integrate into society.

“Doe contends that these rights are fundamental and that their infringement can only be justified if the State has a compelling interest and uses the least restrictive means available to vindicate that interest,” the court wrote.

Representatives for Alaska argued that it was in the state’s best interest for public safety to monitor out-of-state offenders, but the court responded by quoting the due process clause in the Alaska Constitution, KTUU reported.

Read the full article here at The Hill.

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  • This topic has 24 replies, 5 voices, and was last updated 1 month ago by AvatarWilliam Gratchic.
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    • #56865 Reply
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      admin

      By Morgan G. Stalter . . . Alaska’s Supreme Court on Friday ruled that the state’s sex offender registry violated the due process rights of those conv
      [See the full post at: The registry continues to crack and crumble: a due process victory]

    • #56908 Reply
      Avatar
      Saddles

      Actually this article has a lot to say about these cracks and crumbling law. This registry is a scouge of justice on mankind. Liberty is a gift and thats just basic principal. Sure man wants to compound a lot of this by inducing a lot of these sex type of endeavors. I like many of you wonder who is doing the evil on the simple.

      Is a lot of this registry confusion or the downfall of a nation of true Justice or do we have true justice in America today? Is this registry some catch 22? Does it take 2 to tango or is this registry some safety factor thats gotten out of place with laws upon laws when the basic’s in this is based on deception. Do w e have a registry of thieve’s today or is man using this scouge to degrade in this form of blind justice.

    • #56911 Reply
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      citizen

      I wonder what criteria Alaska will use to deem a person as not dangerous….

      • #56977 Reply
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        d

        Better yet they have to prove beyond a reasonable doubt that someone is dangerous, not prove they are not. These are not the same.

        Best Regards 🙂

    • #56931 Reply
      Avatar
      Tim

      What cranks me the most is the presumption of congressional USE of certain ex post language in law making that survived review as “vested in the public interest” whereby the founders via RATIFICATION of the Absolute prohibition AGAINST THE USE BY CONGRESS thought otherwise.

      Artical 1 makes no mention of ” sex offenders” as an exception.

      The Rehnquist court permitted the first question of presumptive constitutional burden be placed in favor of congressional Acts even in the acknowledged of prima facie evidence “Was in prison for……” in identifying by definition ex post word usage in the acts body.

      And in doing so unleashed the unconstitutional and unfettered use of the database machines against the plain liberty of previously convicted individuals without semblance of the process ” both sufficient and necessary” to justify widespread use. It is plain enough that very choice has lead to murders, assaults and arson. Indeed retribution advanced for political theater and votes.

    • #56932 Reply
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      Sam in WV

      Does anyone believe that this due process victory will spread to other states and may create a way to be removed from the registry? Or is it more likely that it is just going to become rearranged text within a law and none of the hearings will ever find anyone “not dangerous”, therefore nothing really changes? I personally believe this ruling gives us all some hope.

      • #56940 Reply
        Charlie
        Charlie
        Moderator

        I can’t speak for everyone, but my belief is that should we get the right strong decision that dangerous is a burden on the state to proved, versus the very unusual burden of disproving that is currently presumed upon the registered citizen, we have a real chance. In reduction of liberty, there should always be a burden upon the government to prove eminent harm rather than assume it. My opinion, but it’s based on what I was raised to believe was a fundamental premise and western law.

      • #58274 Reply
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        rpsabq

        When the US Supreme Court finally makes a ruling in our favor that truly changes things, like the Alaska ruling, it will be because a good number of States have done so first. Every one of these State victories makes a powerful difference.
        That’s why as many of us who are able and whose circumstances warrant, need to be fighting their case at the State level right now. How many State victories will it require? There is no magic number. When Roe vs. Wade was decided, 20 states had already changed their laws making abortion legal which served to encourage the Court to do the same.

    • #56967 Reply
      Avatar
      Saddles

      Actually Charlie your view is right. Burden of proof is everything. This judge from Alaska sees this violation of due process and the ramification that due process is necessary in any trial but one wonders if every judge is going to see it the same. I hope all judges see it the same as this judge in Alaska or are law enforcements self-deceiving themself with this power to intimidate.
      In a lot of these ordeals is true justice wanting someone to sign a contract that they knew that they were talking to a teenager in certain forms of this sex offender ordeal crap and their was no teenager involved at all in many of these ordeals.. Yes Charlie due process is very honorable but they will entice one with a plea deal or barrgain and that is not true justice.

    • #56978 Reply
      Avatar
      d

      I got my registry notification in the mail a few weeks ago and it stated that I must appear to give information and pay a fee or else be subject to a class D felony. Giving information under the threat of punishment is compelled speech and against the constitution. They are breaking the constitution 3 different ways at least with the registry.

      Another funny note and a total setup for failure it says you can show up on or up to 1 week before the deadline date. Then at the bottom, it lists their hours of operation and they are closed on Saturday which happened to be my deadline date. You would think they would be more careful with someone’s life. My life is in constant jeopardy every day by this system which makes me wonder how they got this past the double jeopardy law anyway. How many times have you placed in jeopardy since your arrest? The fact that the registry exists is a sign that this country is operating under a different set of rules other than its constitution because they have to break it more than 3 different ways to do this to us.

      • #59260 Reply
        Avatar
        RMP Milwaukee

        D, my brother is going thru a similar deal. He swears he knows nothing of how this crap got downloaded to his laptop. He has used You Tube to download music. He had an attorney tell him he had a one in a hundred chance to win his case, even though I saw plenty of holes in the State’s case.The day he was ‘stung’ by the FBI he wasn’t even in the States. They break in his door, wake him up with a gun to his face, the then never read him his rights as they interrogated him. A 60 yr old never in any real trouble now will have to register as an offender. The State only cared about adding to their numbers, did not care about the truth. The defense atty only seemed to care about getting the case done with, since he did not get too much of my brother’s money to defend. The State used mandatory sentencing as a hammer with fighting the charges with 4x the sentence and gps for the rest of his life. Backed into a corner by an inept defense atty and vindictive prosecutor, he took the 3yr deal for something he did not do. Hell, he was never shown the evidence against him. What kind of country are we heading to? Welcome to the USSA. Land of the oppressed and persecuted till death.

        • #59288 Reply
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          Vigilance

          What happened to him. he has to register for life ?

        • #60232 Reply
          Avatar
          KHK

          I feel your pain. I’m living with someone who did three years in a federal prison on a plea deal for three 30-second videos someone in his house downloaded – he never saw the videos (this was back in the day when every house only had one computer and everyone shared it). No way to prove it wasn’t him and the computer belong to him so they held him accountable. On top of it, the hard drive was “foreign” so they threatened to get him on interstate commerce. Had a forensic guy look at the videos who said there was no way to identify the ages and they appeared over 18 and he should fight..but, when you can’t afford a good attorney and you’ve never been in trouble, your scared and their threatening to put you away for 35 years, you take what you think is the best deal. It included lifetime registry. And, in California when the new 3-Tier system goes in we’ll be on the list with the Tier-3 folks. And, as we all know, there is no forgiveness for anyone on the list much less a new list that you land on the Tier 3 level. I grew up believing in the law, but I have learned things since I started researching the “hit list” and it’s the most horrible thing to find out how deceiving our system is. It’s like finding out when your on your old-age death bed that your family was someone else. Pretty jacked up.

    • #57008 Reply
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      Dr.

      So how does narsol interpret this decision and what changes can be expected, in layman’s terms…

    • #57025 Reply
      Avatar
      The Criminalized Man

      Saddles has scored a direct hit. Registry laws and other overbroad “sex offender” restrictions are based on deception. Some of it is self-deception and prejudice, encouraged by agenda-driven lobbying. Some is driven by the agenda of promoting state power over freedom. One example is the landmark case favoring the so-called “Espionage Act” in which the famous “shouting fire in a crowded theater” meme was coined. By the way that was 1919. Happy 100th.

    • #57033 Reply
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      mut

      of course! there is no due process in a legislative trial.

    • #57056 Reply
      Avatar
      Saddles

      Criminalized Man, I didn’t score anything. Its just basic truth. If anything we all should to be thankful to NARSOL for presenting these articles and this amazing platform that people can contribute to this cause for true justice with true imput. Sure we can all have the wool pulled over our eyes in this public safety hijinks if someone wants to use that word.

      Yes like NARSOL says Stand up. I am sure many of our four fathers and presidents would turn over in their grave today as America Justice and Government is in such a bad state of affairs. Even George Washington was embarrassed about the spy Nathan Hale. Believe it or not we have principals and when true American Justice clashes with divine Justice who is perverting justice.

      Protecting and serving are good but when its painted or white-washed does America present true color for real Truth,liberty and Justice for all.One has to have due process in any type of criminal law as that is showing honor and respect to the person being judged and not some type coy such as: well we are prepared to give a plea deal. Why would they give a plea deal in a lot of these sex offender ordeals. Something to ponder on.

    • #57097 Reply
      Avatar
      Ernest B Tucker

      Yesterday was my day to re-register. I have to do this every 90 days. I am confined to a wheelchair and am dependent upon my sister who is 77 years old to get me around.
      As we were leaving the sheriff’s office one of the deputies took over pushing me to the car and asked how often I had to register. I told him and as he loaded my chair into the car he made the statement that the Sex Offender Registry is the most ridiculous and misleading law that ever was enacted. He said he pays no attention to it for the most part because he knows people who are on it who have done absolutely nothing to warrant such treatment and punishment. He also said that more and more officers are starting to think in that same manner.
      What I have gathered is that the only law enforcement people who support this draconian law are those whose income is dependent upon it, such as probation officers and prosecutors etc.
      So this gave me a little shot of hope. Not much mind you, but a little is better than none at all. So keep your head up and maybe we will see this corrected.

      • #57132 Reply
        Sandy Rozek
        Sandy Rozek
        Admin

        Unfortunately, there are others. There are sheriffs in Georgia — and of course, elsewhere — who enforce, on their own, unauthorized and ridiculous restrictions and requirements of registrants at Halloween.

        A sheriff in Tennessee, according to sources, lobbied in favor of the bill that has passed there adding to an already existing law about registrant fathers that will prohibit them from living with their own children if their offense, no matter how long ago, was against a child under 12.

        The law enforcement officer you describe sounds like a rational, thinking human being. Would that were true of them all.

      • #57348 Reply
        Avatar
        Malai Benavidez

        My husband was horribly represented in 1994. A very bitter ex-wife coincidentally had quite the tale to tell. It was a huge lie she started. He went to court totally oblivious to his legal rights and pretty much signed his life away not knowing he would register as a level 1 offender. How do you register as a sex offender if no sex offense remotely exists? He wanted a trial and was talked out of it by his wonderfully educated public defender. ( Not really!)
        It comes down to this, if you are poor you are guilty and No one cares. If you are rich you are innocent. Someone has to take the rap so our wonderful oh so honest system has employment. Every lawyer, even law enforcement officials have said it doesn’t make sense and there are many loopholes in the case. Meanwhile the system allows actual sex crimes on real victims to slip right through the cracks in plain view. Bravo! We still have to live with this. I think he should seek legal action for deformation of character and PTSD. Of course no one can help unless you have $$$$. So he is forced to live with it. Why? Also we took all the proper steps to get removed and of course you hear nothing back. Packet after packet, letter after letter. Our lives have been destroyed. I have no faith or respect for our legal system. We most definitely do not trust the system. The system is a bunch of liars and weasels who make a living off of people’s destroyed innocent lives.

    • #57356 Reply
      Avatar
      R. Arens

      I’m totally exited by this ruling. It now sets a precedent a lot of others can use to right injustices carried out by states who view the Constitution as little more than a piece of toilet paper. Something as powerful as this could make the registry fall like a row of dominoes. Think of the possibilities we now have!

    • #57855 Reply
      Avatar
      American victim

      I hope other states follow suit and someday we can all live free of these unjust hate laws! What’s next? Are we going to go back to slavery? Reinstate apartide? Like someone else mentioned the registry basically makes toilet paper out of what should be one of our country’s most important documents. All created equal, inalienable rights, due process, double jeopardy,fair and equitable treatment, they mean nothing to politicians or todays system. It’s not a justice system it’s a joke and a travesty. The registry has become hate crimes under the guise of civil commitment!

    • #57940 Reply
      Avatar
      Jon

      Excellent news, wanted to discuss this at last nights conference.

      Missed the conference, when shall the next one be?

      You are invited to join us on Thursday, July 11th from 7 – 10 p.m. eastern time for a NARSOL in Action conference call.

    • #61363 Reply
      Avatar
      William Gratchic

      Excellent article that hits home in PA. Nine years ago, three photos (two the same) were found on my Limewire file. I had no idea they were there as they were downloaded with my computer giving me the “blue screen of death” that morning. I took it in and was flagged. Now, I cannot work, have been harrassed and live in semi-seclusion. Considering I was a whistleblower on PA’s correctional system, state police and then Governor Tom Corbett, their appearance is entirely suspicious. Despite tuning Limewire into Interpol and having warned folks on four radio shows I was a regular guest, I still was given a felony conviction with 2 years probation and 15 years on the registry.

      My therapist that seems to have specialized in men with these kind of allegations told me when PA amended their registry law, men who had a lot more evidence on their pc were dropped while to this day, I’m still on it.

      Just goes to show you how unjust the registry is and how corrupt the Commonwealth of PA is. By the way, sex trafficking and child pron distribution is striving even more since I last reported it on the internet alternative media.

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