Episode 10 – Is It Better To Do Something versus Nothing?

Episode 10

Is it better to do something versus nothing? Can you do more harm than good by a poorly thought out action than by sitting on the sidelines. That is the topic we’ll be covering tonight

A quick announcement is that we’re now on Patreon. patreon.com/registrymatters. If you want to help support the program, even donating $1 per month would be amazing. I don’t want to push on this as we’re doing this as a public service, but there are server and hosting costs not to mention our time. And if you happen to be listening to the show via the website, know that you can also download the podcast in your podcast app, or iTunes, Google play, and Stitcher.

From the Des Moines Register: Man who pleaded guilty to lascivious acts with child appears to win $100K lottery prize

https://www.desmoinesregister.com/story/news/2018/01/27/man-who-pleaded-guilty-lascivious-acts-child-appears-win-100-k-lottery-prize/1070467001/

From the Virginian Pilot: Lawmakers are unfair in targeting sex offenders. A bill in the senate will require registrants to self-disclose if they go to an evacuation center. It will be a felony if they don’t. However, no notification will be sent to the individuals affected by this change. A similar bill senators closely scrutinized the bill because it didn’t include a notification element for those affected. Mary Davye Devoy said “Is this inconsistency? Is it cherry-picking? Is it hypocrisy? Whatever you want to call it, it’s 100 percent intentional and dishonorable.”
https://pilotonline.com/opinion/columnist/guest/article_378a588a-8a19-5888-8993-3ed295e3bbdf.html

From the New York Post: Oklahoma considers chemical castration for sex offenders. A Republican lawmaker is pushing to add Oklahoma to the list of states in which so-called chemical castration is an option for certain sex offenders, albeit an option that rarely gets used. If approved, Oklahoma would join at least seven other states that have laws allowing courts to order chemical treatments that reduce male testosterone for certain sex offenders, although experts say the punishment is rarely carried out and one described it as a “half fantasy” version of criminal justice. “When I knocked on that guy’s door when I was campaigning, he said: ‘I’ll vote for you if you’ll run this bill,’” West said.
https://nypost.com/2018/02/04/oklahoma-considers-chemical-castration-for-sex-offenders/

From SOSEN.org: Four years after being called out on poor public policy, Florida is STILL putting children at risk. “Why are the  many children and families of former offenders being placed in danger from missed opportunities of effective legislation?” “Are the children of citizens on the sex offender registry less valuable to lawmakers?” Nearly four full years later, we are still awaiting a satisfactory answer. As of May 24, 2017, there were 69,917 people listed on the Florida state sex offender registry and the number grows daily. Legislators have neglected to accept the fact that registered citizens have families and children who are also affected by these restrictive laws and become victims of vigilante crimes, harassment, community ostracism and detrimental restrictions placed on them.
https://sosen.org/blog/2018/02/04/four-years-after-being-called-out-on-poor-public-policy-florida-is-still-putting-children-at-risk.html

From Handbasket notes @ blogspot.com: Iowa legislator wants to move the goalposts. This bill addresses the problem of sex offenders that “time out” of the registry after a set number of years (usually 10 years) and then move to a new area of the state or move into Iowa from another state. If a sex offender has timed out, law enforcement has no way of knowing this person is in their community. This bill establishes a new requirement for any person that has ever had to register as a sex offender in Iowa or any other jurisdiction to register with the county sheriff when they move into or around the state. This classification of sex offenders would not be required to re-register quarterly or annually like other classes of sex offenders. Previous Iowa Supreme Court cases (such as Iowa vs. Pickens, 1997) have determined that such registry requirements are constitutional because they do not constitute ex post facto punishment, they are merely regulation. This requirement will give law enforcement greater insight into who is living in our communities. This bill passed subcommittee on Thursday of this week and now goes to the full committee.
http://handbasketnotes.blogspot.com/2018/01/iowa-legislator-wants-to-move-goal-posts.html?m=1

From the Clarion Ledge: Sexting bills provide loophole to keep minors from registering as sex offenders. Rep. Nick Bain, D-Corinth, author of House Bill 1467, said it would keep allow a minor offender from having to register for the rest of his or her life as a sex offender.  Current law makes the crime a felony, requiring registering as a sex offender.
https://www.clarionledger.com/story/news/politics/2018/01/31/sexting-bills-provide-loophole-keep-minors-registering-sex-offenders/1082395001/

From hstoday.us: OPINION: Legislation Aiming to Stop Sex Trafficking Would Hurt Investigations. The U.S. Senate is actively preparing for a vote on the Stop Enabling Sex Traffickers Act (SESTA). Advocates and the media portray the legislation as an important step toward preventing sex trafficking, but there is absolutely no empirical evidence to support this notion. In fact, qualitative data and criminological theory suggest that SESTA will result in the displacement and dispersion of commercial sex advertisements, which would inhibit law enforcement efforts to rescue victims and arrest sex traffickers.
https://www.hstoday.us/subject-matter-areas/law-enforcement-and-public-safety/legislation-stop-sex-trafficking-would-hurt-investigations/

From The Crime Report: How ‘Pseudoscience’ Turns Sex Offenders into Permanent Outlaws.  A New York Appeals court has rejected the notion that risk prediction under the state’s Sex Offender Registration Act (SORA) should have a scientific basis. According to the July 2017 decision in People v. Curry, courts must not only adhere to a risk assessment instrument (RAI) that has been repeatedly exposed as pseudo-scientific humbug, they may not even consider a scientifically validated instrument such as the Static-99. This looks an awful lot like advance punishment for a future crime, like the science fiction film “Minority Report.” It also looks like a second punishment for a past offense—a practice the Constitution frowns on in the Double Jeopardy Clause. Not at all, say the courts. SORA isn’t punishment, but merely a regulatory measure to protect public safety. As one legislator put it, it’s like affixing warning labels to toxic substances.
https://thecrimereport.org/2018/01/25/how-pseudo-science-turns-sex-offenders-into-permanent-outlaws/

We had a couple comments from Episode 9, Who represents the victim

John says:

Just leave the country, sex offenders have no rights, murderers have more rights!

You’d be surprised how your life is much better and you’re back to leaving a normal life when you leave this country and the police state you live in.

Tammie says:

I want to ask Why can’t the Sex Offender Registry have reclassification for offenders with a certain criteria of offenses? There are thousands of people on a Violent Sex Offender Registry where no violence ever took place even some where no child was involved with the offender at all. How can a person be classified as a Violent Offender when there was no violent act and no child was touched by the offender? How did this happen? What kinda system puts this hardship on a person let alone his or her family. Lifetime restrictions!!! Somewhere the system is broken and failed! Reform is needed!!!!

Timothy says:

I listen but you two men miss the point! This whole deal is not about the sex offender or public safety. IT IS ABOUT THE DATABASE! In particular, it came about when the powers that be realized the power AND USES of the machine to effect POLITICAL SECURITY. Consider, the deep state’s uses of databases. (See EFF.Org) While foreign surveillance is completely permissible, domestic electronic surveillance WAS a no-no. The Wetterling Act changed that. Think about it gentlemen, if a state may indenture an individual to a machine {SOR DATABASE} then the government may indeed monitor the people with it too! With respect to individual liberty the most severe punishment is incarceration, registration as it currently exists, is a close second, because telling a man he may go where he wants but he may not proves the same result.

 

On to the topic. We are discussing if there is some level of irreparable harm that can be done by doing something, versus waiting. An example of this is filing a challenge prematurely. Perhaps before there is sufficient evidence to support the challenge. Or while other challenges that would support your challenge.

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14 thoughts on “Episode 10 – Is It Better To Do Something versus Nothing?

  1. The current whipping boy is child pornography. Most charged with this offense never made contact nor tried to make contact with a child (under 18 years of age). These are voyeurs looking at online porn sites (23 put up and stocked by our FBI) and had no intention of ever harming a child. They were compelled by their addiction to seek this porn. Given they have to register as SO’s the rest of their lives, the death penalty may be more humane. A new crop of SO’s is emerging, teens who sexting pictures. Sure to feed a lot of lawyers and prisons but an absolute death knell for the lives of the offenders.
    The registry must be reclassified for violent offenders or completely abolished. This is double indemnity for a crime and I would think, unconstitutional.


    • Gah! I lost everything I wrote.

      Be careful about what you wish. In Minnesota, they already do that. It’s not a “Sex Offender Registry”, it’s a “Predatory Offender Registry” and it includes murderers, rapists, kidnappers and other “high crimes”.

      I vote for complete abolishment of registries.

      Being put on a list is the first step in being oppressed.


    • I totally agree with your comment . I agree there should be reclassification of registrants. People who view porn have different minds than those of violent offenders . No harm to anyone is intended . I know a guy who stumbled on child porn while viewing adult porn and he now is branded for life ! Have known him all his life and would never hurt a fly . They throw everyone into one pot and call it quits -so unfair to many !


    • I totally agree. How can you be accused of child abuse when there was never even a child present. I wonder if you can sexually abuse a picture. Not to mention if your looking at adult porno, which is totally legal, why all of a sudden do pictures of children start showing up on the screen? I’ll tell you why because you’re being set up. It’s all about money nothing else. The government is so greedy they’ll do anything to get money. It has nothing to do with protecting the children or they would be more concerned with the people that are posting the pictures. They go after the little guys instead of addressing the real problem they’re much easier to get. It’s easy money to them.


    • I Agree Jack and every since the federal court admitted it was punishment. it is a Double Jeopardy violation among other rights, an actual part of peoples constitutional rights that they are violating every day after. They are acting like this did decision did not change anything because they can. The People in charge are worse then the majority of the people they punish.


  2. This is what I’m fighting against in Minnesota. These “laws” that can be made and SO’s in the state would not know about them. I don’t even know where I can go in the state because so many towns have passed some stupid extra-judicial restriction. I feel for those in Virginia and other states where these laws are passed.

    “ignorance of the law is no excuse”. If that is the case, then why do we have street signs? Why not expect drivers to “know” the rules of every street and road? Stupid, right? Well, expecting SO’s to know and understand every new restriction passed during the year is stupid also.


    • You must receive fair notice that something is illegal for you to be prosecuted for it. Fair notice has to be written in the state codes this is one of the reasons they are getting sued for passing laws beyond the state code. If it is not in the federal or State code one could ignore it knowing that they would eventually win if they got a lawyer to use the fair notice argument. The only draw back to this is in this country we punish people before they are found guilty buy putting them in jail and requiring them to pay money to get out discriminating against the poor in the process. If you just assume everything the government is doing is one big lie and unconstitutional you will be right more then 50% of the time now days.


  3. Small comment about the “benign-ness” of the registry. I don’t know about other states, but in Minnesota everyone on the Predatory Offender Registry must sign off on more than 3 pages of finely printed restrictions. It does not matter the offense, which includes indecent exposure, child porn, kidnapping, violent sex assault, and murder.

    A recent change to the Public Safety law is a lifelong registration for everyone, as well as a complete removal of legal incentives, such as stays of execution.

    We have level zero (people who did not go to jail), one, two, and three offenders. Everyone is subjected to the same excessive and punitive restrictions.


    • I wounder if the same evidence is required to call someone something without defamation of character as it is to convict them of it since they are taking someone word above another to do so. You cannot just say someone is something without proof right? Sue them sue them until they don’t want to play anymore f-ing lairs that they are.


  4. Jack Carter’s post is dead on! But I hope not on “arrival” in legislatures, as so many common sense forms of constitutional relief are. There, whole attitudes center around how to pile the ‘faggots’ higher around the stake so the “witch” burns hotter and endures more pain while she dies rather than expiring from simple smoke inhalation!


  5. Sadly in the State of Arizona viewing child porn gets 10 years per picture plus lifetime probation and registration. They claim that you are continually abusing that child over and over again every time you look at that picture. You get less time if you actually kill someone. I don’t understand the justice.


    • The government will gladly remove your rights if you give them permission. Citizens with rights are an obstacle to progress of government. Popular laws pass because of fear and revenge. The government cannot wait for us to ask for more unconstitutional laws. There has to be a price for this injustice that is undesirable for there to be change sadly it will have to be high. Don’t worry though if they continue on the road they are on it will happen one day i’m certain of it. Imagine the suffering of the pariahs on the registry not everyone on the registry was guilty of a crime imagine what horrors are tumbling around in those guys minds. Society needs to fear them.


    • They do this just because they can. And about abusing a child over and over again, what about the feds looking at CP pictures and posting them on entrapment web sites?


  6. Let us not forget retroactive application of registration regardless of the type of crime committed. While I appreciate viewing pictures may seem or may be less harmful, committing a crime 20-30 + years ago and remaining on a public registry for life depletes any possibilities of its effectiveness as much as placing those we don’t feel should be on it!


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