- This topic has 2 replies, 1 voice, and was last updated 1 week, 5 days ago by Paul.
January 19, 2020 at 11:42 am #67262
By Lorraine Bailey CHICAGO (CN) – The Seventh Circuit appeared likely Tuesday to overturn Indiana’s sex offender registration requirement, as it appli
[See the full post at: 7th Circuit Court hears arguments on interstate travel for sex offenders]
January 19, 2020 at 8:35 pm #67286
So 7th Circuit judges are willing to take a look at this, but still keep bashing those put on lifetime GPS retroactively? Something seriously smells rotten.
January 20, 2020 at 2:05 pm #67308
What’s truly a violation here is that when you’re OFF the registry and THINK you finally have your life back and decide to move to another state, that new state makes you register ALL OVER AGAIN for something you’ve already paid the “debt to society” for. This is what needs to stop! There are states that would require you to register even if you’re only visiting (if you were to get pulled over and the officer runs their usual check on your license) when you’re already off the registry in your home state. How is this even LEGAL for the states to do?
It should somehow fall into the “double jeopardy” clause and be fought constantly until it’s eradicated.
January 26, 2020 at 10:50 am #67422
Tim in WI
Resistance is futile; you must comply!
January 27, 2020 at 8:05 pm #67462
Tim in WI
Case dismissed! Got my FTR dismissed! I prepared and won something. I agreed to certain amount of disclosure but it doesn’t include all the form demands. Winning at FTR doesn’t win removal but it does win respect from the system and respect for yourself. I find it cathartic! It has been more than two years since I’ve had compliance status and still haven’t completely disclosed and never will.
January 30, 2020 at 12:20 pm #67666
Maestro, I totally agree. The answer to your question about double jeopardy is simply that no jeopardy attaches with registration. Ok, let me explain before everyone gets out the torches and pitchforks. Jeopardy only applies in criminal proceedings, and registration is considered by the courts as a civil regulatory measure. It is not punishment nor intended as punishment, but is only a public safety measure like speed limits or restaurant health codes. Because of our federalist system, each state is allowed to set its own speed limits, health standards and sex offender restrictions.
Of course everyone here understands that is total BS. We know the recidivism numbers and have read studies countering claims that residency restrictions, etc., make communities safer.
Because the huge body of evidence debunking sex offender hysteria is summarily ignored by legislators, the only logical conclusion is that public safety is not the motivator for registration restrictions. That pretty much leaves fear, loathing and political opportunism. (I’m not a psychologist, but I also suspect it is a way for average persons to push away the sexuality mirror; to find comfort in believing the monsters are not within.)
Major changes to registration laws will not happen until the courts recognize that registration constitutes punishment, and change opinions that the laws are somehow rationally related to legitimate public safety needs. Through lawsuits, courageous individuals and organizations like NARSOL are beginning to pull back the curtain to expose the wizard.
January 31, 2020 at 4:28 pm #67749
Tim in WI: I am also from WI, my conviction dates back to 1988, and as you know WI didn’t even have a registry statute until I believe 1993, and it didn’t take effect until I believe 1995 or perhaps 1996, but included everyone still in the system, on some sentence for included offenses. I had been long out of prison when it went into effect but was still on supervision so I had to register. I believe that WI has subsequently passed even more pitiful updated requirements that scooped up even those who had discharged from all criminal sentences, and that is probably the most vile and disgusting development yet. Fellow registered citizens, imagine being completely free of any legal entanglements, no registration, nothing, for over 20, 25, even 30 years or more, then being tracked down by the State of WI and informed of your obligation to register.? Say what? You sick, disgraceful and downright evil subhuman State of WI. Tim, I d be interested to hear more about the details of your ftr case, and how you managed to score one for the home team, even if it was pyrrhic victory it is inspirational. Way to go.
February 1, 2020 at 10:56 am #67766
Ed C, I get what you’re saying, however- correct me if I’m wrong but – isn’t the only way to end up on the SOR being that you have to stand in front of a judge who sentences you to have to register?
I can’t quite wrap my head around the idea that anyone gets put on the registry without it being part of their original offense sentence. Such as in my case, the judge ordered 10 yrs of sex offender registry.
Soooo… if another state FORCES me to go onto THEIR registry, even if not in front of a judge this time, they’re kinda still putting me through double jeopardy because they’re making me do something all over again which was part of a sentence from a judge and has run its course and ended.
I’m sure a really good attorney can argue on behalf of all of us who are no longer required to register in our home states but are being FORCED to register in a state we chose to move to.
February 5, 2020 at 8:02 pm #67894
Well Maestro… I am on the list, and I was never ever ever sentenced to it by a judge. I had Colorado Bureau of Investigation show up at work and tell me that I had 24 hours to register or I would be arrested.
When I was convicted there were very few states that had registries, and New Mexico wasn’t one of them, and Colorado wasn’t one of them. And now I have to register ever quarter for the rest of my life, or until they finally figure out that this is punishment and they can’t punish me after the fact.
February 16, 2020 at 8:43 am #68272
The Law is Civil “In Nature”. Supreme Court Never Said it is a Civil Law. When a person is charged for failing to register the law is under criminal statutes, and gets prosecuted in criminal courts, and punished with time served in jail, or the penitentiary. When a Civil Law is violated it carries Civil Penalties and Processed in Civil Court. Any past civil laws the require registration have always been in acts the give privileges like driving a car, fishing, building a house, running a company. The Sex Offender Registration is the only law that requires registration under color of state law to knowingly justify new incarceration and punishment where a person is not getting any privileges as afforded in any other registration schemes. They are forced to appear against their will, and speak and give information, and failure to speak and exercising a first amendment right to remain silent will put them in violation of registration laws.
If sentencing under due process is to fit to the crime and society needs protecting after a person has served there time and released according to due process then justice has not been served, and a law is needed to be created in the registry scheme and mislabeled as Civil In Nature in order to justify its enforcement, and then applied criminally under Due Process then there is something currently wrong with the Criminal Justice System and no politician wants to admit it is broken. This is why we have Courts, Jurys, Judges, prosecutors, minimum and maximum sentencing guidelines so politicians dont become Judge, and Jury themselves passing illegal unconstitutional laws to bypass double Jeapordy and ex past facto, privileges, immunities, interstate agreements that take away from a free persons liberties, and freedoms under guise to protect. Guaranteed rights are taken away due to public safty where other convicted felons get all their rights and protections back thus creating a second sub class citizen, slave, and or form of servitude. They cannot live where they want, work where they want, travel freely state to state unhindered as any other citizen might be afforded. They dont even have the right to remain silent when being questioned, and forced to register. Law only Requires name and address and or Id, and even some states cannot request that on a stop unless they are a stop, and ID state. So how can the law require a citizen to give up additional information that they cannot force other citizens to give up. If this is legal then anytime the police stop and detain you and ask you any question your obligated to answer regardless of citizenship. If the police need probable cause to force you to take you to jail to question you, how can they force anyone else to turn them selves in to be question with the intent to forcefully register them against their own will, supplying information that you are not obligated to answer.
In July 1, 1984 Illinois revised its statutes due to a ruling in People v. Toolate https://law.justia.com/cases/illinois/supreme-court/1984/58542-6.html because his conviction was overturned where he was charged and convicted with attempted rape where the evidence did not support rape or intent to commit other then the fact he was naked in her living room. So after this ruling All States followed suit to change their laws to include lessor sex offender laws since there was no law the met a lesser charge of rape where as rape carried 20-40 years at this time in Illinois. The new sex offender laws broke down the rape laws into lesser charges, and lesser penalties since it legally could not quality as Rape.
Now almost 40 years later we have the registry, and having a lesser charge of Rape a person is labeled as a rapist as if they were convicted under rape statute that carried 20 to 40 years. Since Courts could not sentence the lesser laws as rape and its penalties of 20 to 40 years since they were less crimes. People were entitled to earlier releases, and prosecutors and legislators took advantage of this to use this as a get tough on crime stand with enactment of the sex offender registries which was exacted by congress and passed to the states as a blank check to do with as they please, and no direction or application of the law in order to be approved for funding,
Each state makes its own laws, that conflict with one another, and violates immunities, and privileges in the convicting state making any conviction a violation of agreements or sentence passed down by the courts.See The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may be plausibly inferred from the clause.
Obviously the Sex offender laws are discriminatory and strips away a persons citizenship, and constitutionally protected rights, thus forcing them into a form of servitude and told where and what and how they can or cannot do.
February 16, 2020 at 8:43 am #68275
If the sex offender laws are not punishment, or punitive in nature. If a law is unconstitutional then it is therefore punishment, and punitive and violates Due Process is it not? So the few times Ive seen Supreme Court Cases ruled unconstitutional, that goes to prove that its punishment, and punitive.