In this weeks show, Larry and Andy take a deep dive into civil commitment. But prior to that, a few comments from people on Twitter have comments about last week’s show. There are articles covering the whole spectrum of issues. Such as: Under what conditions should an 11 year old girl get taser treatment; Why is that more people are locked up for technical violations than new crimes?; Do it make sense to help inmates re-acclimate to post prison life?; Does a prison sentence mean death because you can’t get your insulin. An action packed, exciting episode!
This week, I’d like to thank a new patron – that wishes to remain anonymous. She comes in at the Hustler level. Very exciting! Send me a message with an address, so that I can send you an exquisite Registry Matters Blue Ball.
[2:50] To Reclassify Sex Offenders, Mass. SJC Says Sex Offender Registry Board Has Burden Of Proof
http://www.wbur.org/news/2018/08/01/sex-offender-registry-reclassification-sjc
[8:46] I tweeted part of conversation last week about the man in OH that can’t see his son.
https://twitter.com/RegistryMatters/status/1027527195978354688
Do you have a fundamental right to be with your spouse & your children?
We’ve got court decisions that say you can marry whoever you want. I would think that would extend your children too. I would like to think your children are basic right.
I have a quick question about the fundamental right to your family. Someone commented on Twitter that the AWA removes that fundamental right. I’ve asked for the specific language, – still waiting. I was hoping you could expand on it.
[15:50] This was written by Joshua Vaughn – from The Appeal.org. Failure-to-comply Arrests Reveal Flaws In Sex Offender Registries
https://theappeal.org/skyrocketing-charges-for-failing-to-comply-with-sex-offender-registries-reveal-their-flaws/
Basically, the psychologists say that the registry creates a false sense of security. And to drive the sense of security home, since they aren’t rearresting people for new crimes.
[21:00] This article comes from Governing.com. And we’ll just cover it briefly that there is a trial going on in North Dakota. They are taking a much softer hand in criminal justice and helping people get back on their feet. Teaching them soft skills like shopping smarter. They actually take them for supervised grocery store visits.
http://www.governing.com/topics/public-justice-safety/gov-north-dakota-prison-criminal-justice-reform.html
[28:57] Court upholds ex-Stanford swimmer’s sex assault conviction
https://www.apnews.com/c63571c1cf2d4c2bad3a73027fd6b159/Court-upholds-ex-Stanford-swimmer
[33:30] An 11-year-old was accused of shoplifting. An off-duty officer Tasered her in the back.
https://www.washingtonpost.com/news/post-nation/wp/2018/08/08/an-11-year-old-girl-was-accused-of-shoplifting-an-off-duty-officer-tasered-her-in-the-back/?utm_term=.a02afba92e19
[44:06] From the The Tennessean.com – At Tennessee’s largest prison, diabetic inmates say they are denied insulin to ‘maximize profits’
https://www.tennessean.com/story/news/2018/08/07/corecivic-diabetic-inmates-denied-insulin-trousdale-turner/925297002/
[50:05] A question on Twitter from Marie
Do kids have a right to be with their parents? They have the right to “divorce” their parents (dont they?), which implies the right to choose. Maybe kids should sue the state for interfering in family relationships.
[58:00] Civil commitment questions:
Is there a standard of evidence to be placed into it?
Is it criminal or civil?
Does the individual have a right to representation?
Is there a standard to get out?
Do the treatment providers have an incentive to keep you in?
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The intellectual and judicial dishonesty surrounding the topic of civil commitment for sexual offenders is staggering when laws that can indefinitely rob someone of their very freedom are only deemed worthy of the rational basis test. Any law that would take any American’s freedom beyond the adjudged term of confinement imposed by the courts pursuant to a plea bargain, bench trial, or jury trial should rightfully be examined for constitutional sufficiency under nothing less than the highest possible standard of scrutiny.
The 8th Circuit Court of Appeals saw fit to say that a sex offender’s very freedom is only worth the rational basis test. It seems as if the Court intentionally lowered the bar in order to save a socially and politically popular regime designed to keep registered American Citizens imprisoned for life without any semblance of fair, just due process of law. I think the 8th Circuit made that calloused move because they KNOW if they applied strict scrutiny to the program, they’d have been forced to uphold the original ruling against the program.
I was not born in a vacuum and I do not have cranio-rectal inversion. I guarantee you the state played backroom politics and improperly pressured the justices to overturn the lower court’s ruling. Everyone involved in this travesty of justice knew that this lower courts ruling against the MN civil commitment regime would open a can of worms not only for MN, but for every other state that has civil commitment laws. This case could have very well been the first death knell for civil commitment and they knew it.
The fact that the Supreme Court denied certiorari is horrific. So it seems the courts could really care less about lifetime imprisonment without due process since it’s only sex offenders being abused in this manner at the hands of the goverment.
Maybe you two would be willing to stage a demonstration of the plethysmograph for a vodcast.
I took one of these tests at “The Center For ‘Special’ Problems” (yes, it was really called that) in San Francisco about a quarter-century ago. It was completely ridiculous and I am confident that I didn’t react to a single image in that ridiculous test (quite easy since it was such a grim collection, I might add).
It would have been/was extremely easy to defeat both by not responding (yes, I can do that, who can’t?) and providing a false response by tugging on the rubber band/strain gauge during a “healthy” image.
The Abel Test utilizes eyegaze dwell-time apparently and they claim to be able to follow saccadic eye movement. I’m confident that I could throw that one, too.
Dave K.
The first place I ever saw CP WAS during a Pgraph in 93. I was stupid enough to believe I could prove my innocence by taking it. So the WIDOC was the first to expose me. Do I have the makings of a law suit?