Reply To: The sex offender registry: a non-punitive civil regulatory scheme

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cocoa

Hello,

We don’t know what to do because this is how it is in our case:
My husband is American and I am not.
He was residing overseas when the crime was activated as a criminal in the state of Louisiana for failure to register, which it was mandatory according to the rules that he inform ahead to the local police his intention of leaving. So, he did inform through a certified letter which has the name of the officer with plaque number and signature , but it looks like it wasn’t enough and it looks like he had to go in person even though it say it had to be written and stated to the local police. We say it ” looks like” because it has been 7 years he hasn’t been able to come back to USA. The country activated a warrant for his arrest for 30 years in prison with hard labor, which now, suddenly changed by 20 years ( rules internally changed) and why can´t we fight this back ? Because even though we have contacted thousands of lawyers from overseas , my husband has no right for a lawyer, so even if he want to prove all the evidence he doesn’t have a chance. In Louisiana you do not have right for a lawyer if you failure to register. So overseas, undocumented American with a crime he did not committed… because as Megan law was not activated in 1994 he pleaded guilty for only Endangerment of a child ( no sexual ) all sexual crimes were dismissed . But the system that goes state by state made a mistake and put him on the registry , not having to… he was tier 1 did not have to register for a while, then suddenly in a hearing in Louisiana they overruled what the Supreme court of PA said Tier 1 and put him in tier 2, now having to register again and now for many more years.
And look this is another thing… it was a teenager of 16 years old who accused him 22 yrs old- after of him being in jail for other charges – one year later !!… the story made by the girl was a scam and he doesn’t know why ( but one can only speculate as she was the daughter of a pastor of a church.. why not to blame the dude in jail for this pregnancy or who knows… ) an stupidly my husband accepted the charges not thinking there were going to be any consequences later on . As the time in jail was already done, paid , so advised by the public defender he accepted the charges. No other crime before nor after that.

Now in this case in particular, in only one we can see all the human rights violation of this registry . Myself I do not have the right to residence unless going through a strict test, but he has no right to give me residence in USA as he looses many civil rights and one of those is to file for his wife to obtain residency.
So here in one couple, all the hate, intolerance and shame of the united states in us overseas.
As a foreigner I say: United States you do not take care of your people. If I had to say some thing s to USA supposing USA is your father I would say: You embarrass them, you take all their dignity . You hate many of your children who are near you and among you, black, fat, gay, Mexicans,Cubans, foreigners, poor, addicts and many many more, but that is your genes, that is you, you are all colors all faces all races and that is the beauty of it and you are blind, you cant see nor appreciate it . United States really take care of your children, give dignity and be proud of who they are , first give love to Americans, health, peace, , take the nose from other children of all other countries- not your business- and look at your own home. It is a mess! Clean it, fix it, love it. Now look what you did ? You created a group in your own house . All your kids litte by little every day going to that room and in that room they can not move, they can not speak they can not play, they can not work , That is your sex offenders … a social group with the only purpose of being discriminated by others and in society and punished for life.

United States and many countries agreed with the United Nations on how to -lets say- treat human beings… that being said- the countries and you all agreed with a covenant to shape from this one the internal laws of the country -of the house. .. so United States you would have to abide by the International Civil Right Covenant. So, if you read what you signed you would see that with the Registry of sex offenders and our case itself here overseas undocumented without the right of lawyer, defense…you are not abiding by the Covenant , you have no word and shame on you and what you do to your own.

This law was created to agree all together on a Civil Rights and countries that do not belong to the United Nations, things like Sex Registry could happen, like hurting your wife with stones until death, like mutilating parts of your body as punishment for crimes , so this for my point of view as a foreigner to the USA is underworld.My country may be a third world country but at least we have the basics and essential, real freedom and not the one fake of US movies and the thing is that we try to be better and better everyday while US worst and worst everyday as an effort to do so. USA CERTAINLY does not represent a first world country, and America is a first world country. I think that title should be removed , honestly. You can not create a social group and punish it in society for a public service to the community denigrating human beings like animals in jail to be watch and monitored. I hope people do not misunderstand me . I love Americans, I am married to one, I love the culture , and clothes, music and people and celebrations , this has nothing to do with that… this has to do with freedom and humanity. If we would be free I would live in America of course, but that is not the reality, maybe my kids would have to have a GPS inplanted under their skin and I don’t like that. I don’t what to have a home and everybody pointing it out or having to write a big board outside in my yard stating hey neighbor and friends::here leaves a sex offender!!. See I want dignity for my husband, my kids, my family and my self. But if one day all is gone all pass, of couse I would love o go and try the american life style for a while.

I am sorry to say so much , still not enough. . We are fighting this from here.

For those who doesnt know : The United Nations Human rights
PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 9 :3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
Article 10: 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2.(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;
Article 11:Article 11 No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation
Article 14 1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty according to law.
(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
6. When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

Stay together and strong. All shall pass.
Cocoa