Reply To: Sixth Circuit rejects Michigan residency & premises restrictions

Fair & Balanced

And let me offer this tid bit of insight on the assertion of a high recidivism rate put forward by proponents of SO laws. First, probably 85-95% of all states in the US have in their Criminal Code what is referred to as an “Enhancement” statute. Texas, for example has an Enhancement statute (CA calls theirs Three Strikes) for prior convictions that calls for an increase in the punishment/sentence when it is found that a person has two or more prior felony convictions. For example, if you are on trial for a robbery, the primary offense, but you have a prior burglary, TX will put that prior conviction on your primary indictment and if you are found guilty of that robbery charge, the prior conviction will kick in to enhance your punishment/sentence from say, 15 years to 30 years. Stay with me because I am going to show you something here. Now, proponents of SO laws say people with sex offenses have a high recidivist rate, some cite as high as 80%! Ok so let us define “re-cid-i-vist”. It simply means a “CONVICTED criminal who reoffends, especially repeatedly”. Now, lets put these two things side by side for an analysis: ENHANCEMENT OF A SENTENCE FOR A PRIOR CONVICTION and HIGH RECIDIVISM. Now, it stands to reason, at least to me, that if a person is convicted a crime and has prior convictions (especially for a sex offense) and his/her sentence is enhanced, then that person is probably going to have a long vacation in a 9×11 prison cell. I can speak to this personally because my sex crime in 1983 was enhanced by two prior convictions, a drug possession from 1979 and a burglary charge from 1974 and I was given 55 years in TDC of which I did 20 straight years. I went to TDC in 1985 and did not breathe free air until 2005! And that is the case with everybody I knew that had prior convictions on their primary indictments. In TX if you have one or two priors with your primary offense, believe me, you can look to get at a minimum 30 years in TDC and do about 18-20 years on that. So what you have are guys coming out of prison with an average age of 48-55 years old. I went in at 28 and came out at 48 1/2. I am now 60 and believe me, I don’t want no trouble, not even a traffic ticket! And that is the case with everybody I know coming out of prison in their late years. So it stands to reason that proponents of this high recidivism tag has got to be alluding to a rapidly revolving prison door for people who have committed sex offenses for there to be a high recidivist rate to be happening. I mean, how else could there be such a thing? State prosecutors and Judges would have to be in on this rapidly revolving prison door too by not following statutory law and not enhancing the sentences for repeat sex offenders—right? [Wrong! Believe me, prosecutors are like wild west gunslingers, they want that notch (high conviction rate w/ long sentences) on their belt.] These people would have to be returning to communities with jet speed, you know, 6 months to a year in order to be able to commit more sex offenses only to be re-arrested and re-sent to prison for this high recidivism to going on—am I making sense here? And if not then, please, if someone points out the flaw(s) in my analysis here I will sit down somewhere and shut my month. But I don’t think I’m wrong and I will go further and say unequivocally say that proponents of this high recidivism tag are not liers; indeed, they are damn liers.