- This topic has 16 replies, 1 voice, and was last updated 2 months ago by Jamba.
May 25, 2020 at 12:34 pm #72853
By Larry . . . The case of Doe v. Rausch contains a very thorough analysis regarding the history of sex offender registration in Tennessee and the dev
[See the full post at: Impacts of Does v. Snyder reach to Tennessee]
May 25, 2020 at 3:51 pm #72856
Here’s what I can’t wrap my mind around: if the registry has become so burdensome that it is punitive when applied retroactively, why is the scheme NOT PUNITIVE when applied prospectively? Is this an example of the old “You had ample warning before you did the deed?” mentality at work?
What think ye, Larry, the wise and ancient one?
May 25, 2020 at 9:20 pm #72880
None of the aspects of sex offender registration are ever going to change PERIOD. There has been years of futile fighting this monster. Everyone is saying its against our rights and it is for sure. But the real truth is that no one has rights in the USA anymore. Rights have been replaced for “safety” and eagerly accepted by the weak American people. The constitution, as a whole, has always been walked on by the government, the bill of rights has turned into the bill of temporary privilege’s approved by the weak people. If you **** up like we have, then the whole legal system has for sure, ****ed us back. And sad for all of us, as it is for a life time. A sex offender and their attorney fighting the registry is simply like a person farting at a hurricane in an attempt to make it change directions. The biggest example now is that Americans no longer have the right to go to work to support their family and keep their own home without the risk of being arrested. The government just jerked the rights from EVERYONE! Again NO ONE in the USA has ANY RIGHTS anymore, except the governors, prosecutors, police and law makers. The only hope we have is for all of us to get together and all at the same moment say **** you and refuse to comply with the demands placed on us. They don’t have enough prisons to contain everyone on the registry so what could they do??????? Until we do this we will NEVER be free. The legal fight has proven to only make lawyers rich. Is anyone ready and had enough yet?? The NARSOL is a great platform to get this started if everyone will stand up together. Lets get together, not with lawyers but with US THE PEOPLE. Respond to this if your interested. Thanks for reading.
May 26, 2020 at 5:08 am #72888
Tim in WI
I still believe the court’s are missing the point.
What makes s SO registration “punishment” is the relative disposition forced between man and machine by law. Registration is plain indentureIn database machine AND it’s maintenance. Individual sovereignty is at stake as free men are paid to maintain machines. And when the use of the database abridged that liberty AND Congress opted for the words in text ” a person who was in prison, on parole, on probation on extended supervision…….. for a sex offense” (codified statute) renders unquestionably punitive INTENT. The queer application of the regime to a past conviction as J.P. Stevens put it ” as both necessary AND sufficient condition to impose it upon them AND only them proves otherwise. ”
The very purpose of the prohibited use of ex post language IS TO PROTECT FELONS (public safety) after conviction from govt forces imposing more pains and penalty. The
During the hand full of FTRs I’ve faced I always enjoy putting the clerk of courts on the stand in pretrial hearing with the sex offense case file in tow. I merely ask her to read out loud the part of the record that describes the duty to register. There is nothing in the record naturally because I’m ex post. It’s empowering and cathartic to do it and see the ADA squirm because I can prove the indenture was not lawfully done by court order.
May 26, 2020 at 5:10 am #72886
Very true. In the name of “public safety” politicians & law enforcement are allowed to do whatever they want with complete disregard for the truth. For “Public Safety” they can make any and all claims about anyone or anything as if it were truth.
The media is completely at fault for fueling this ability, and the uneducated public for letting it happen.
I continue to state, I do not understand why we only fight and argue over the “RULES” of the registration. We should be soley focused on abolishing the registry and anything of its kind.
The scheme & it’s application are nothing short of Crimes Against Humanity.
May 26, 2020 at 5:11 am #72883
The frustration and anger over how easy it is to make laws, yet seemingly impossible to over turn laws. As the law stands it is a reality that the registry of sex offenders and the laws amended were expected to be a snowball effect or a “did not see that coming.” I can go to college, if a college accepts me, however, upon obtaining my degree (in Social
Work) I cannot find a fitting job. I cannot obtain a CASC or work in substance abuse as a counselor, however, I have the knowledge. I can be a quiet citizen who pays his child support, but my children who are not my victims cannot live with me; has had no police contact, yet still federal funding for housing I cannot apply for as I am a registered offender (had I not been in the registry would that change things)
So from where it apparently stands for the next decade or century is in the hands of a society that we are striving to build relationships with (the society that has been victimized from the days of slavery times as owner raped the women and made children and also had no idea how this would impact a society; we are now paying for all that and what ever else can be piled on to it.) You are talking about that society? The not forgotten and possibly never forgiven… I am looking at history and how far we think we’ve come in intelligence, dignity, pride, integrity, respect, responsibility. The team of individuals who have established this blog and all of you that are in this balancing act of seeking equal justice, I applaud you and your undying support. I salute you for striving to make it happen. I pray for this country and its government as well for all that are in a fight to protect our constitution and rights.
May 26, 2020 at 8:08 am #72894
Most of the TN Legislators are “bible-thumping, hypocritical, good old boys”. They promote Bill after Bill in the name of “safety from those dreaded sex offenders”, to their constituents.
What better way to keep your cushy government job, tell the people what they want to hear, even if it’s lies, even though it will destroy the lives of registrants and their families.
TN legislators make me sick.
May 26, 2020 at 8:43 am #72897
Tim in WI
The leftist media played said shame card upon the Catholics Priests first!
Abortionists also attack the credibility of the churches tacit approach to sexually frustrated men who take out their need for sexual secrecy, an affect to appear as benolence, on underage males within the flock. Oddly both the media and priests are guilty of exploitation of children tho for different profits motives.
Exploitation comes in many forms. Let me not understand why the first touch was not the last! Most young males are naturally aggressive! A truth is some folks figure it like this. How can a reasonably balanced society freely permit a woman to pay for the ending of a truly defenceless life in fetus while simultaneously imprisoning males for inappropriate touching of private parts or looking at child sex images. I must hold accountable one vastly more abhorrent and abundant. Has NCMEC made a statement on abortion? Does anyone who has suffered abortion vote? Certainly that is not possible. Can a database prevent human behavior? Can a database prevent anything without first “in effect” imposing affirmative restraint……….. first? No, not in any conceivable parameter. The immediate restraint in DOE03 was not mentioned, that being the citizens right to remain silent to the government database. Scape goats for surveillance saints.
Resistance is futile you must comply.
May 26, 2020 at 2:39 pm #72910
I know it feels hopeless, but it is not. Democracy is hard. This is the kind of work that ensures democracy. Temporary restrictions on our freedoms SHOULD be watched carefully, and then fought against at the proper time. Registration will go away in the same way it was imposed – one minute turn of an individual cog. We are each a tiny, insignificant cog in the machine. But we are all attached to other cogs, which turn other cogs, which, taken all together IS Justice. The cogs of justice turn too slowly for us. But it is an act of faith and hope that justice will be served, eventually. All large endeavors seem fruitless at the beginning. It’s like planting a vineyard. It takes at least two years for a vineyard to produce fruit and then four years for the delivery of the first bottle of wine. But if no one did it, we would never have wine.
May 26, 2020 at 4:10 pm #72917
Ok. Evidently My First Two attempted posts aren’t worthy of being posted. So I’ll try this another way.
Every State that uses Fearmongering to promote The ‘Legislative Cause’, especially in The South, will always get away with their current way of life unless you come at them with an Arguable, Winnable Claim as to how The Registry Hurts You more than It protects the Society it claims to.
May 27, 2020 at 4:49 pm #72945
I am starting to think Jim has the right Idea, but part of me thinks they would try to put a million people away if we tried. I think they would let out all but murders to make room for sex offenders. There has to be a price the public is not willing to pay for this BS then will we have our freedom.
May 29, 2020 at 5:30 am #72977
“(1) Does the law inflict what has been regarded in our history and traditions as punishment?”
How can restricting where I may work, live, and recreate be seen as anything else? The Scarlet Letter is probably no longer standard fare, but it should be. Don’t think for a minute the public shaming of the puritans had any other purpose than punishment, and that is surely 75% of the reason any public registry exists.
“(4) Does it have a rational connection to a non-punitive purpose?”
Ok, this one floors me. The Mt. Everest size body of evidence from countless research studies has proven beyond any reasonable question that these laws have zero rational connection to their stated purpose. We shouldn’t even be talking about this any more.
For these reasons I’ve concluded we’re way beyond the appeals and supreme courts serving in their capacity of checks and balances against the legislature. Somewhere in our history the members of our three branches figured out it was way more beneficial to their personal egomaniacal quest for power to actually cooperate vs being naturally adversarial as the founders intended. The slow but steady increase in government power overall to levels hardly imagined in anyone’s wildest fantasies 150 years ago prove that. No court member wants to let “monsters” free any more than does any legislator, and that drives everything (or halts it, as the case may be.)
May 29, 2020 at 5:32 am #72975
I wholeheartedly agree. It will take ALL OF US. People required to register, and their families. There have to be over a million people on the registry by now – I haven’t looked lately. Add Moms, Dads, Wives, Husbands,Brothers, Sisters, Children and there could easily be 4 million people. If those 4 million people acted together at one time, I have to believe it could make a difference.
May 30, 2020 at 4:52 pm #73017
The way around some of the provable issues is to prove the harm and loss of family members of registrants… the children and spouse. How are states victimizing a portion of the public to protect another segment of the public? Public Safety? Who is the public? They are not protecting my family members, so it is not public safety but it is selective safety. The irony of all of this is how ludicrous that any reasonable person decrees that the registration is not punitive. Anything I’m required to do physically that has a punishment of imprisonment IS PUNISHMENT. DMV every 4 years requires physical attendance if I want a renewed license. But I’m not imprisoned if I choose not to go; I simply don’t get a license to operate a vehicle. The level of absurdity of our legislators is astounding.
May 31, 2020 at 6:20 pm #73046
Yet in Michigan little has changed, those who were put on before the 2011 laws were passed still have to register. NOTHING HAS CHANGED. The Judge’s SEVERAL rulings are all but ignored. And they wonder why riots are happening around the country. People are fed up. This is truly the age where laws are now lawless. Here’s to hoping most of you make it to the other side safe.
June 11, 2020 at 5:39 am #73357
TN is a Bible thumping state. It will never change. It will always find a way around the courts.
I also agree that these cases serve an individual and not the group as a whole. So what good does it do?
Thanks NARSOL but I just don’t see any change. TN still has the mark on our driver’s license even though La (Louisiana) case said it was unconditional. That came down from the 6 CIR and yet TN refuses to remove the mark..
July 29, 2020 at 6:50 pm #74808
You are so right ! They have chiseled in stone “ for public safety “ . The fact that they are able to outlaw the ability for us to feed and educate our children in the name of “ public safety “ should tell you they are ignoring the constitution. Communism is about the common good . The constitution is about personal responsibility . Americans have become so weak that they need a mother ( the government ) to protect them . If we don’t stand up as one and scream @#$# you and we are not going along with your unconstitutional tyranny it will never change .
All the judicial theatre where they wordsmith their way around the constitution with “ public safety “ will help us not . I know these laws are unconstitutional , you know these laws are unconstitutional, they know these laws are unconstitutional but without enough Americans standing up to refuse to obey them they win .
August 14, 2020 at 1:03 am #75225
The US Constitution was written to enslave the free under one conglomerated government.
It is working exactly as planned.
The only solution to the registry problem and all the others is a constitutional convention to repeal much of the federal document that continues to enslave us.