Reply To: SCOTUS Denies to Hear Muniz

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Patrick

@ Dave
Not much to say until Act 10 is challenged in court. By claiming Act 10 is civil, the Commonwealth can dodge all the recent court decisions. Until we can present our argument that Act 10 is criminal, there isn’t much to say.

Also, just becuase the result of non compliance is jail, that DOES NOT make the statute criminal. Megan’s Law 2 made non compliance a jail sentence and it was upheld as non criminal.
Also if you don’t pay your speeding tickets, you go to jail for violating a court order, but that is a civil penalty

90% of the people here thought that they could snap their fingers are get off the registry. No way Pa was going to allow that to happen. That is why they were given a stay. To allow them to appeal and to pass a new law. If you notice, now that Act 10 is passed, they are removing names quickly. This is becuase they are only removing people who have completed their time. Either becuase they weren’t dhooose to be there, or they have finished their time. There was a rumor that 10 year people were being removed even with time left to serve, but PSP told me that was not true.
We have to remember no one was expecting Cert to be denied so quickly. Now that they have greatly reduced the amount of people coming off, they can go through their review like a breeze. One person told me that within one week of Cert being denied everyone will be off. I haven’t laughed so hard in my life. He asked me how can they just ignore a court ruling it’s verh easy they are the government so they can. How do you arrest a government? You don’t. You can fine them but that takes away money for services that need it.

I believe Act 10 asks for a judicial determination on or after the enactment of Act 10, becuase no one expected the Muniz Denial to happen before Act 10 was passed. The ONLY thing stopping Muniz was getting all Pre Sorna removed is the Commonwealth is reading Act 10 as being civil in nature.