Civil Regulation? The Registry & its Components are in fact Legislative Punishment.

The first thing that must be pointed out is that the sex offender registry came about because of the myth that people convicted of sexual related crimes were always going to reoffend.  Some of the numbers that were tossed around at the time that the registry was conceived were 60 to 80% would reoffend. The registry was not originally designed to protect anyone, it was simply there to aid law-enforcement so that they would have suspects to look at because of this belief of high reoffense rates.  As we now know, that belief is not only a myth, but it is an outright lie.  There is no high reoffense rate of any kind for people convicted of a sexually related crime.  The studies all show a reconviction rate in the single digits, and many studies show the rates in the fractions of a single-digit (why-are-the-reconviction-rates-so-important). So to start with, because there is no high reoffense rate, there is no compelling reason for the the existence of the sex offender registry at all (other than fear, bias, bigotry and hatred of a class of criminals). Secondly, because of the lack of a high reoffense rate, there is no use for law-enforcement to have this duplication of information that is already available under their normal investigative procedures. This is only wasting time and resources and leads to harassing people who have a low risk to reoffend while making them and their families’ lives miserable.

As for the components of the registry, such as community notification, residence restrictions, job research and housing restrictions, freedom of movement restrictions, freedom to cross state lines restrictions, plus the many other components of the registry that could not exist without the registry’s existence; for a person to say that any one of these components is not punishment shows the uneducated bias of the person speaking or else they have a fiduciary interest in perpetuating these lies.

According to our declaration of independence all men are created equal, and in our Constitution and Bill of Rights it is laid out that all people will be treated equally. It is very apparent that a person who is on the registry is not treated equally with other citizens. This becomes quite obvious when a person who is not a sex offender accidentally is placed upon the registry or one of its components such as having their driver’s license tagged.  If there was no disparity between ordinary citizens and registered citizens than they would be treated exactly the same. Quite obviously they are not.

In a recent story in the Orlando Sentinel, (http://www.orlandosentinel.com/news/lake/os-drivers-license-sexual-predator-mistake-20150507-story.html) a woman’s drivers license was mistakenly marked, indicating that she was a sexual predator and a registered citizen.  In the four days that she had that drivers license, she was:

-denied entry to Walt Disney World and held by Disney security in a room unable to leave for several hours
-denied a hotel room
-subjected to disdain by her bank

-subjected to bias at court
-suffered fear to leave her house.

http://www.utsandiego.com/news/2015/may/07/woman-drivers-license-mistakenly-idd-me-as-sex/

This was all in just 4 days. Another other man incorrectly labeled a sexual predator was almost arrested just trying to go on a naval base, man-wrongly-labeled-sex-offender-on-id . After his death his family was offered a settlement for him incorrectly being labeled of a paltry $20,000.  After all the humiliation that he had suffered because he unknowingly carried an ID card, showing that he was a registered citizen.

man-awarded-20k-after-incorrectly-labeled-sex-offender

What would a lifetime of such treatment do a person? When ordinary citizens are stigmatized by being indicated that they are on a Government sanctioned registry, it is quite obvious that the stigma of being on the registry is in every way, a form of punishment.  Make no mistake about it, in this country shaming a person is a form of punishment,  People v. Meyer People v. Lowe, 606 N.E.2d. People v. Molz, 113 N.E.2d, People v. Johnson 528 N.E.2d, State v. Burdin 924 S.W.2d ,People v. Letterlough 655 N.E.2d, Lindsay v. State 606 So. 2D, and when that stigma is carried over to innocent family members including children through collateral damage, (/blog/2014/02/25/government-sanctioned-cruelty-to-over-half-1-million-american-children.html ) than there can be no doubt that these laws that are based not on facts, but rather fear, hate and bigotry are unconstitutional.  For anyone who reads this and thinks otherwise I suggest you ask yourself this question, how would you feel if you or a close family member suddenly ended up on a registry and community notification with all the restrictions that it implies, would you consider it a violation of your constitutional rights and outright punishment?

13 comments for “Civil Regulation? The Registry & its Components are in fact Legislative Punishment.

  1. MARK S
    January 12, 2019 at 6:26 pm

    The first thing I think of after reading this post is it to me, really not the fault of legislators – but tremendous fear of the interpreters of the law. Simply said, the judiciaries across America. After studying the registration laws for over 20 plus years, I am convinced, mostly cynical I suppose, there is a national conspiracy to uphold these laws; the courts in fear of of the, you guessed it, media attention, their ubiquitous distaste for sexual complaints, (as it is well known one accused of a sexual offense is now presumed guilty instead of the other way around (“innocent until PROVEN guilty), It is the judiciary I fear and tremble; it is the judiciary who are truly the social engineers of the public. Enter the above commentary. In all but the very few court cases across America, courts flatly refuse to see the true “conclusive presumption” written into these laws, the penal nature of these laws, or down right penal applications of these laws. For if they do, this would create president like no tomorrow. and last, the mind set that pretty much sexual offenders continue to, or will offend again over and over which has been proven cogently not to exist except for a very minute percentage of offenders.

    • Tim
      January 14, 2019 at 10:26 am

      It was and always has been about government USES of database machines to protect the political security. Upon the development of the megabit hard drive it became quite clear that soon no nation OR political entity could survive without them. The fact is the two parties are entrenched and to remain entrenched they are forced to engage in cutthroat tactics. Democrats are busy calling Republicans and Trump CRIMINALS and visa versa. They a both right. We are lead by criminals who regularly fleece the American tax pie for their individual interests. That goes for the courts too. The independent court is corrupted by the unelected.

  2. Thomas A Darby
    January 13, 2019 at 5:12 pm

    I partly agree with Mark S., but I do blame our legislators.Every modern legislator, from the state assemblies to the US Congress, is mostly concerned with re-election, and earning the endorsement money and kickbacks he or she gets as a result of pushing emotion-based bills. The public has been fed a line of bulls**t so that they live in fear of everything; terrorists are real, but have little impact on people’s daily lives; sex offenders are the ones the public fear can be focused on. Media dollars! Why else would every new sex offender law have the label of a child’s name? It’s to spike that fear, that if it could happen to Megan or Dru or Adam or Jessica, it might happen to my Susie! No!!! Advertising dollars roll in with each horror story, no matter how isolated or rare. And the parents have their marches, their time in the spotlight, and politicians (to keep their jobs) must promise to “do something.” It’s sickening. On a side note, I’m willing to bet the story of that little girl who returned, after her parents’ killer had kidnapped her, will quickly die out of the news… because the perpetrator was young, and not a sex offender, so it won’t prove positive points about the registry. The media wants a sensational story that a “registered pedophile pervert predator” who lived right next door did the crime. Some mild but mixed-up young guy with glasses just doesn’t do it.

    • Tim
      January 14, 2019 at 1:55 pm

      Yes, you describe the tendency to tie him to pedophilia, but at thirteen she menstrates. He is the outcome of a sick society who bombard violence into the minds of humans. Our social structure of community is collapsing in favor of electronic babysitters. It is not hard at all to find killers in the USA, and this helps explain the non need of the draft. I mean murder for hire rarely happens in America right? Thugs rarely shoot other thugs in America right? People rarely enter our schools and churches to blast every one to prices right?

      Poor Miss Closs is now click bait for thirsty online media, and according to Miss Smart her survival ” A miracle ” So her parents murder was part of that of God driven divinity. Ms. Smart has already paved the way to Miss Closs’s sideshow celebrity. That is who we’ve become and we’ll live with it.

    • MARK S
      January 14, 2019 at 4:55 pm

      Kudos sir……………..

  3. Tim
    January 15, 2019 at 5:43 pm

    Yesterday I had a conversation with a well known attorney, I got her email address so I could ask her a question about a particular law. In her reply she stated, ” I’m not a member of your states bar assc. So I’m not able to answer your question. ”

    It occurred to me that I’m not a member of WISBAR either, yet I’m force to abide by law I’m not qualified to form an opinion on.????????

    How can law following be mandated if basically educated men cannot comprehend their meaning?
    Law must be understood to be followed.

    IMHO the lawyer I called did the same thing in the supreme court did Smith V Doe. I do believe it is their training to “hedge”. We saw the same approach in Mr. Barr’s ( U.S.A.G. NOMINEE) Senate hearing today. I do not at all begrudge the good lawyer for her avoidance. There was no upside for her and I’m an unknown quantity to her.
    I do however hold much disdain for the Rehnquist Court in Bartello(smith) especially J.G. Roberts because their decision, Scallia O Connor, Kennedy, Thomas referred when the language was OBVIOUS.

    Unlike the single attorney I called who affected only one person (me) . SCOTUS discarded its own Authority to uphold basic foundational limitation on 1 branch CONGRESS SHALL PASS NO EX POST LAW on crimes.
    Today, unconstitutional local legislatures ARE LAW makers and acting as such! So much for “community policing.”(also from 94 OMNIBUS)
    I would not expect any less intrusions into the daily lives of the individuals by the federal surveillance saints and the tighter they squeeze the worse it will get for everyone.

  4. Dram
    January 22, 2019 at 8:16 am

    I have been living in a barn for 17 years and glad for it, when the wind blows I have ventilation, when its cold I don’t shower but this is so much better than to be without.

    Registering once a year Ok I did the deed, I pay my dues but if I were to become transient I would have to go to the the police station once a month and as long as I was transient that would be so, A life sentence of involvement with Law enforcement, A life sentence is not what I pled to. A life sentence meens being trapped near urban areas.
    I have so much talent I could fix the the homeless problem but I don’t dare become visible, I do everything i can to live below the radar which means total recluse. One major thing that would bring people out of the shadows is change the law on the websites that bars those who have to register from viewing the others who have to register. You can’t even go on the site to see if your information is correct. Is the reason they do that because they are afraid of a unified body? I do think so.

    • Gralphr
      January 22, 2019 at 2:07 pm

      What’s stopping you from going on? It’s not like they know you’ve been on it!

      • Dram
        January 23, 2019 at 1:56 pm

        Not sure what you mean.

  5. Sharon
    January 24, 2019 at 6:55 pm

    Dram,

    I’m thinking that Gralphr meant, what is stopping you from going onto the websites because they wouldn’t know if you’ve been on the websites or not.

    Maybe Gralphr doesn’t understand internet stings?

  6. Alan Davis
    January 26, 2019 at 7:15 am

    I must point out that in CA, they have a law that restricts registrants from accessing the online state registry site. This is based on the totally wrong assumptions that all registrants will continue to offend and if they were to have access with each other, they would then work together to commit even more crimes against children. (After all, most people believe that all registrants; molest children, will continue to commit more crimes, and that they often work together to commit more crimes or to learn how to commit more crimes against children.)

    I don’t think it even occoured to the legislators that registrants might work together as advocates to change unconstitutional laws, but this law also helps prevent that too.

    SOSEN is one of the advocacy groups working for changes in sex offender laws in general, and is adamantly opposed to the registry altogether and especially opposed to the public access to the registry. Some of those who leave comments to articles here on this front page to the SOSEN site, are those on the registry that are prevented from having a membership in social media sites, such as the SOSEN Forum.

    Because we are public advocates, we must assume that the SOSEN site is likely monitored by our government, thus we must insure that as an organization, we NEVER encourage anyone to break the law unless they are purposely committing an act of civil disobedience and are willing to be arrested and likely incarcerated while their case works its way up through the courts.

    I do believe that this law of restricting registrants in California from even accessing the registry site is wrong, but unless one is willing to break that law by accessing the site and are willing to pay the legal consequences for doing so, registrants in CA should likely not go there. There are other legal ways though to check and see if one’s information on that state registry site is correct. The easiest would be to have someone who is not a registrant and is using a totally different IP than the one linked to the registrant, looks up the registrant’s information and prints out the page for them. Absent of having someone to do that for them, a registrant should be able to go into their local police department or place where they register or if they are out on probation or parole, to have their PO look up their information on the site and print out a copy for the registrant.

    • Tdal
      January 27, 2019 at 12:58 am

      Sir,
      See N.Carolina v. Lester Packingham. A state law may not Ban access thus forbidden by SCOTUS. Narrowly tailored it .net be. Not blanket.

      I Timothy D. L . Sits in the same position as Norma Constanteneau in 71. Should I run to the FED.???

  7. Tim L
    January 28, 2019 at 7:55 pm

    Proponents of SORNA presume
    The people’s perceived MN > HN in due process and fair notice to contest.

    When Congress opted electronic they opted risk. Our government had decided to begin the indenture of men to machine maintenance, by proxy.

    By default, the proxschism* itself inhibits the update of the electronic machine with disrespect to efficacy and expedience each. (*my word forever!!!)

    Example for jury: IF my sorna page was available to me I could update it myself. Lol NOT SORRY ABOUT THAT persons who update it. Lol

    This position grants relief for most persons. God bless.

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