Reply To: The difficulties of a risk-based system

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Robert

“NARSOL fully supports the goal of a risk-based registration system with registration information only available to law enforcement entities.”

Why care about what a future registration system is based on? This seems to be a distraction and loss of focus.

Why not just maintain focus on the real deal: Strong and repeated legal challenges to Smith v. Doe, 538 U.S. 84 (2003) “The question is if the intention was to impose a punishment or “civil proceedings”. If the intention was to punish, that ends the inquiry. If the intention was to enact a regulatory scheme that is civil and nonpunitive, the Court must examine whether the scheme is so punitive as to negate the State’s intention to deem it civil.” Establishing and proving punishment at SCOTUS is the janga block that can cause the current registration scheme to collapse.

Facts are starting to matter now. Facts are starting to make it into significant court rulings. We have the legal community’s recognition that these laws are based on false preambles – the false facts used to brief the SCOTUS leading to this erroneous decision in 2003, and the fear mongering/ false facts by politicians and special interest groups that used this 2003 precedent to put far reaching and more onerous laws in place since.

Above all, we now have a decade and a half of empirical data that does not support the conclusion of the 2003 SCOTUS or the subsequent laws since. We need to cut this tree down at the base and not keep trying to trim its branches. We need to advance the legal challenges to Smith v. Doe that these laws were not only enacted based on false preambles (false, inaccurate information) but that there is little question as to their punitive nature since enactment.

If Smith v. Doe falls, then shall AWA. AWA with its conviction based scheme has been a disaster of epic proportions since enactment. Its funding continues to bloat the federal government with ineffective, bureaucratic management of the SORN program since enactment. Hard to imagine that the pending 6th Circuit case will not further erode the failed efforts of DOJ in enacting AWA as three of its seventeen compliant states are likely to be impacted.