Reply To: The difficulties of a risk-based system

In Search of Liberty

Two points I’d like to make: A) I agree wholeheartedly with Robert, Risk Based Assessment my ass; there should be no registry/registration at all because it is unconstitutional. Registry/registration violate: 1) Ex Post Facto, when applied retroactively, & 2) Due Process, both Procedural & Substantive in that you are not given fair notice of charges, i.e., that you pose a danger to the community and therefore must be subject to life time persecution; in addition, you are given no opportunity to confront your accuser, i.e., the State. And B) on the issue of “High Recidivism” thing proponents of SO laws push. Webster Dictionary describes residivism as: “a person who continues to commit crimes even after being caught and punished.” Now, I don’t know about anyone else can see this but it seems to me that if there is a high residivism rate then state prison boards are in on it. What am I talking about it? Simple. There has to be a fast revolving prison door for people who have committed sex offenses (SO). They commit a SO, get caught, get sentenced to what obviously is a small prison term, 6 months to a year and then BAM! Their back on the street to do what? Commit another SO. Then the cycle repeats itself: In for a SO, Out to commit another SO, In for a SO, Out to commit another SO. Am I making sense here? Is this not the “residivism” proponents of registry/registration are talking about? If so, then that my friends is a bunch of BS! Here’s why. All state penal codes have what is called “Enhancement” paragraphs. In CA for example theirs is called “Three Strikes”. Meaning on a third conviction you’re out of there partner, that’s a LIFE without parole sentence. In my state, Texas, they too have an enhancement statute. First offenders get 5-15 years, do 2-3 and back on the street. Second offenders, your looking at a minimum of 25-55, do 18 to 20 years and back on the street, that third offense, you’re out of there partner with at least 60-75 years and you’ll pull a minimum 28-35 years on that before your breathe free air again. I got 55 years and got lucky and paroled in 21 years. And I can assure you that nearly everyone that does this kind of time behind bars and gets out—they don’t wont’ no more trouble with the law! So somebody is prompting not a lie, but a “DAMN LIE” with this high recidivism crap.