Read the transcript of RM110: Disturbing Living Conditions in Mississippi

Today’s episode takes on some news articles covering a disturbing living conditions in Mississippi prisons. The conditions there are beyond inhumane causing inmate uprising, guards are quitting and it appears as though they’ve lost complete control over the safety and security of the prison. We cover other news items and round out the show with an intro to advocacy and how are decisions made to which cases should be challenged.

We begin the show with a recap of the NARSOL board retreat.

Then, we drill through the weekly news items. This has us covering a horrible situation in Mississippi with extremely harsh conditions. There are pictures and videos showing moldy food and walls, rats on the floor, food shortages and a healthy dose of violence.

After that fun and games, we briefly cover where an officer has been fired from his job for pushing an inmate. At the end of the article, the accused officer’s attorney says that “He hopes to put this behind him and focus on a new career and his family.” I wonder if this former officer is willing to offer those in pretrial, or those in prison post trial that same sentiment. Should we define him based on this one act, or the totality of his life and career.

Then it is time to cover an article that discusses the various challenges to the sex offender registry in Pennsylvania that are being ruled on in the coming year. The state’s Attorney General, Josh Shapiro, has warned that changing the sex offender registry would threaten public safety. But when asked to support the claim, could provide no evidence. The articles closes out with a quote from the Michigan Attorney General Dana Nessel said “Simply put, the state Sex Offender Registration Act has gone far beyond its purpose and now imposes burdens that are so punitive in their effect that they negate the State’s public safety justification.”

Next on the docket is an article that continues the discussion of the fifth amendment challenge to giving up your password to unlock your phone. How is a phone different than a search warrant executed your home? Are the items on your phone more protected than the items in your home and vice versa.

For our middle segment, we cover very beginner advocacy work. Things like finding out who your local legislator is. Do you have to be concerned with city or county level ordinances or just issues at the state level. What are you trying to accomplish. Be specific. Not vague and say “just make things better”. Are you trying to promote or oppose a bill. These are some of the basic questions to ask yourself when you start to travel down the path of being an advocate.

And finally Larry gives us a rundown of how he does his job as legal strategist for NARSOL. What are the important factors in determining a case to challenge. How do you determine who is a plaintiff? Can you challenge without having a plaintiff.

[7:16] https://mississippitoday.org/2019/05/29/leaked-mississippi-prison-photos-of-skimpy-meals-moldy-showers-and-exposed-wiring-prompts-call-for-investigation/

https://theappeal.org/after-deadly-week-for-mississippi-prisoners-advocates-see-blood-on-the-hands-of-lawmakers-and-prison-officials/

https://www.propublica.org/article/lawmakers-refused-to-increase-an-infamous-prisons-funding-then-chaos-erupted

[17:45] https://www.washingtonpost.com/national/ex-officer-accused-of-shoving-prisoner-faces-federal-charge/2020/01/03/6883fef8-2e2f-11ea-bffe-020c88b3f120_story.html

[25:37] https://theappeal.org/pennsylvania-sex-offense-registry/

[33:32] https://www.techdirt.com/articles/20191230/16450643656/florida-appeals-court-asks-states-top-court-to-decide-whether-compelled-password-production-violates-fifth-amendment.shtml

[42:00] http://www.startribune.com/why-are-felons-stripped-of-voting-rights-and-what-other-rights-do-they-lose/565227122/

[48:00] Intro to advocacy

[1:01:57 ] Legal Strategy

https://www.registrymatters.co/podcast/rm110-disturbing-living-conditions-in-mississippi
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Read the transcript of RM108: The Developing Body of Case Law

Happy New Year to everyone! We start the podcast today with a brief review of some of the significant events of the year starting with the courts have said that you can’t make blanket bans on social media. Things have even extended into those that are still on supervision; that you cannot make a blanket ban on social media even those that are on supervision.

Also on the radar is the blanket use of GPS monitoring. There was case in Georgia and another one in Massachusetts. The supervising authorities cannot say “ALL” people must wear a GPS monitor. It has to be narrowly tailored to the individual being monitored.

We had a massive victory in Georgia regarding First Amendment compelled speech.  This is the situation where the sheriff in two counties are mandating registrants to put signs in their yards. Fortunately we won this and no signs were placed.

[29:25] https://www.propublica.org/article/how-some-sheriffs-force-their-inmates-into-medical-debt#174067

[35:30] https://www.washingtonpost.com/nation/2019/12/21/police-slammed-mans-head-into-car-that-they-thought-he-had-stolen-video-shows-man-died/

[42:00] https://news.bloomberglaw.com/us-law-week/accused-child-pornographer-cant-ask-jury-to-ignore-law

[45:24] https://theappeal.org/vallejo-california-police-shootings/

[53:44] https://www.nytimes.com/2019/12/17/technology/fosta-sex-trafficking-law.html

[1:04:28] https://abcnews.go.com/Politics/jersey-gov-phil-murphy-restores-voting-rights-80000/story?id=67806071

[1:10:00] https://www.nytimes.com/2019/12/17/sports/coaches-sexual-abuse.html

[1:19:00] https://www.nytimes.com/2019/12/19/technology/facial-recognition-bias.html

[1:25:00] https://www.brennancenter.org/our-work/analysis-opinion/takeaways-2019-crime-data-major-american-cities

https://www.registrymatters.co/podcast/rm108-the-developing-body-of-caselaw

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Transcript of RM107: Doe vs Abbot

This is a case is Doe vs Abbot 5th Circuit Court of Appeals the United States, which includes Texas and Louisiana. It’s the south central corridor. The challenge was against the registry, in Texas. The attorney, named Linda Linda Estes Hightower, had filed a complaint in 2018. It is quite a lengthy complaint and there was a lot of criticism of Hightower, Now after the district court extinguished her case, she filed an appeal of the district courts dismissal for failure to state a claim for which relief can be granted. The Fifth Circuit has said that the Texas registry has not evolved to the point where it’s punitive.

Late Breaking News:  Doe v Abbott: Fifth Circuit affirms dismissal of Teri Estes Hightower Lawsuit

[8:55] Galen appellate review of his probation revocation; can there be a blanket internet ban???
Baughman Galen Probation Revocation
One thing I’ve tried to stress on this podcast is that what can be done to an individual, with uniquely tailored circumstances, that’s targeted for that particular offender. Not just because you feel good or you hate the offender or the class offenders, they can do most anything. The put restriction was narrowly tailored and targeted to him.

[17:00] https://www.courthousenews.com/ex-cop-gets-10-years-for-forcing-teens-to-run-naked/
That’s a lot of time for this behavior. Clearly this guy should not be on the police department. This power went to his head, that he had this type of power. So clearly, he shouldn’t be a police officer ever again. His certification to be a cop should be revoked. He should be punished; in some fashion. Punishment doesn’t always have to be behind the prison walls. How can we claim that we’re for reform and reducing our prison industrial complex if we think the answer to everything is to send a person to prison.

[21:25] https://www.jsonline.com/story/news/politics/2019/12/19/marsys-law-attorneys-sue-block-referendum-crime-victim-rights/2697977001/
When you start injecting constitutional rights for victims, you have the potential for real problems. But this is going to pass. The Wisconsin voters, or any state voters would, because it sounds good. If you fall into the belief that the system is so bad that everybody gets away with what practically everything, this just sounds simple and easy. This is to level the playing field. It would be a surprise if it didn’t pass by 70 plus percent of the vote by at least 80 percent.  You can’t be irrational. You absolutely can’t be rational if you’ve been a victim of a crime. And most people would be very irrational about what should happen to the person, because you just can’t think about rationally why a person would do that.

[34:00] https://www.bostonglobe.com/metro/2019/12/14/scores-registered-sex-offenders-have-state-licenses-electricians-manicurists-and-more-the-official-who-found-out-got-fired/hJAnvmdU7RqZg6MdvodunJ/story.html
Maybe while a person is still under supervision – sure you could restrict their ability to receive a license. But after their punishment is complete in totality, there should be no restrictions on their ability to obtain a licence. The whole point of their sentence was to put them under some form of supervision. But the registry is a civil regulatory scheme. It is not punishment right? Or is it actually punishment? Which is it?

[39:35] https://www.law.com/thelegalintelligencer/2019/12/20/3-states-extend-statute-of-limitations-on-sexual-assault-abuse-harassment-claims/
The question here always becomes “How does an individual mount a defense to an accusation that is 50 years removed?” By that time, memories are basically worthless. The material evidence needed to convict or acquit would be severely compromised. This is simply bad policy.

[44:10] https://www.wgbh.org/news/commentary/2019/12/20/demonizing-defense-lawyers-threatens-the-quality-of-american-justice
When you demonize the profession of criminal defense lawyers, simply because they do a job for a person who has had the power of the state or the federal government aimed at them, that you’re not condoning what they are accused of doing. You’re doing what an adversarial system does, which is you’re holding the accuser to the burden of proof of beyond a reasonable doubt. This is pointing out that the more we demonize people, they still are entitled to be represented. Because the state has a vast apparatus that they’re turning on them. And the individual has nothing but one person to speak for them. To make sure that the state is following the rules of how this process is supposed to unfold. We demonized the people who do that job. It threatens their safety because there are people out there who want to hurt lawyers who represent the accused.

[51:50] Deep dive into Fifth Circuit decision
Does v Abbott Fifth Circuit 2019
Does v Abbott Complaint 2018

https://www.registrymatters.co/podcast/rm107-doe-vs-abbot

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Transcript of RM106: What Is The Difference Between Supervision and Registration?

Today’s episode does a breakdown of the differences between supervision and simply the registry. The differences are massive. Beginning with the standard of evidence required to take away your liberty. While under supervision, you can have much of your liberty restrained as to relationships, and where you can be, your Internet usage are a few examples. When you’re beyond supervision, it takes proof beyond a reasonable doubt to convict a person of a violation of the terms of the registry.

We cover a slew of new items starting with Bill Cosby’s appeal and the specific challenge here of 404b. This allows the prosecution to bring  use “prior bad acts”. When they can put in prior bad acts, in the determination of whether you’re guilty or innocent, it’s it’s really, really detrimental.

In Kentucky, newly elected democratic governor Matt Bevin has restored the voting rights of thousands of those with convictions. Point here is that elections have consequences

In Pennsylvania, smaller group of legislators have come together on a bipartisan basis to to do a major reform. then it’s being hijacked at the last moment of the process by Republicans who say that whole we’ve got to keep mandatory minimums. this is just an example again, elections have consequences.

In Pennsylvania, Franklin County representative Rob Kauffman states plainly that if Megan’s Law is ruled unconstitutional, the legislature will go back to the drawing board and try again. Take these people at their word. He has said that if the courts a hand us a decision that guts Megan’s Law and the effectiveness of Megan’s Law. I believe the legislature as a whole will be prepared to act or reinstated in a manner that would respond to the court’s opinion.

Bail raised for Harvey Weinstein due to technical glitches in his GPS ankle monitor. This is pretrial. Presumed innocent until proven guilty? The technical limitations are very well documented and covered here at Registry Matters. Weinstein lives in an area with very limited cell coverage.

An Illinois inmate, who was handcuffed at the time, is beaten to death by three guards. He was left with a ruptured colon and broken ribs and six weeks later died of blunt trauma injuries. This is clearly a massive civil rights violation.

Landlords can be liable for what other people do. That’s just that was the whole point is you can be liable, but when hire people, you have a certain duty to screen who you’re hiring and keeping a safe workplace. Not just because you’re being convicted of a sexual offense that all the registry, that in and of itself doesn’t make you a danger to the workplace. But it does raise a question just as any other conviction does, about the safety of the workplace.

Unlocking your phone with a fingerprint, or a face-scan is not testifying against yourself. If you want to keep your phone secure you have to take some precautions using a long pass code, and other things. The key component is if it is testimonial or not.

Law enforcement agencies are using a “mind reading tool” to elicit confessions from people. Bottom line here is that there is no tool like this, and that includes the polygraph, that can “read your mind” or one that can determine if you’re lying or not. These tools do not pass the scrutiny of actual scientific standards are are total junk. Your liberty should not depend on pseudo-science.

When the police come to you and tell you we need that bond referendum skills, we need more officers on the street. Just because they tell you they need more officers on the street. That doesn’t necessarily make it so. We can actually spend more money on prevention. And prevention doesn’t just mean hiring more officers. It also means diverting people from a path of criminality towards a path of productivity and success.

Police unions across the country paint a picture of doom and gloom in reducing the pipeline into jail and prison. The ironic piece here is that generally it is a republican controlled legislature that is in favor of more local control of government. But when a progressive prosecutor is elected, they rush to tie the hands of the prosecutor.

A model law proposes automatic expungement for any non conviction records. Anything from the jury returning a not guilty verdict to a prosecutor deciding that the evidence had fallen apart. Or if a key witness dies. It could be a motion to dismiss for any number of reasons like failure to comply with discovery failure to meet the time deadlines for witnesses are for a day you know, you could the case could fall apart because of suppression of of motion to suppress a confession if that was key to the case. These are some examples of non conviction records that impose disabilities on an individual.

More prosecutors are trying to root out wrongful convictions to restore trust in the legal system. But they are meeting opposition. The states have done a lot of tightening up on terms of their state post conviction proceedings, in terms of what type of claims are cognizable post conviction. They really limit the timeline; When you can file things, and oftentimes, a wrongful conviction is beyond the window of time where they’re permitted to gain relief. It is a structural defect in the system. And this is where judges have to either legislate from the bench and ignore the law even though the person had whatever the number of months to bring their allegation or, or they have to say, I’m going by the law.

Miranda protections are being diminished in Kansas. Individuals will often waive their rights simply to go home. It is absolutely essential that you assert your rights continually.

A judge is receiving an awfully long sentence for chatting with an individual he believed was a 14 y/o girl, which was in fact the girls father who was abusing her.

Can we fix mass incarceration without including violent offenders? Simply no. Things would improve not including them, but not including them just kicks the can down the road in the future.

Police officer in California uses lethal force for the second time in a year. This time a 15 year old was shot while fleeing.

In Aurora, 19 residents of a ministry have 30 days to vacate due to the proximity of a park near by. Thankfully attorneys Adele Nicholas and Mark Weinberg have done this type of work before and are representing these individuals.

Man serving a life sentence is challenging to have naughty magazines while serving his sentence. He is using a pretty novel argument.

[1:30] https://www.nytimes.com/2019/12/10/arts/television/bill-cosby-appeal-sexual-assault.html

Opinion Affirmed CW v William H. Cosby Jr

[8:00] https://www.nytimes.com/2019/12/12/us/kentucky-felons-voting-rights.html

[10:00] https://whyy.org/articles/pa-house-adds-mandatory-minimums-to-high-profile-justice-reform-bills/

[18:20] https://www.post-gazette.com/news/crime-courts/2019/12/05/megan-s-law-sex-offender-registry-pa-supreme-court-cases-challenge/stories/201912040130

[27:26] https://www.courthousenews.com/weinstein-off-the-grid-dozens-of-times-prosecutors-tell-court/

[31:25] https://www.nytimes.com/2019/12/06/us/Illinois-prison-guards-inmate-death.html

[34:50] https://www.nytimes.com/aponline/2019/12/06/business/ap-us-housing-racial-discrimination.html

[36:30] https://www.techdirt.com/articles/20191127/16521643473/another-federal-court-says-compelled-production-fingerprints-to-unlock-phone-doesnt-violate-constitution.shtml

[42:40] https://www.propublica.org/article/why-are-cops-around-the-world-using-this-outlandish-mindreading-tool

[47:37] https://www.vice.com/en_us/article/qvgg47/what-happened-after-chicago-police-cut-down-on-busting-drug-possession-and-prostitution

[52:08] https://theappeal.org/police-play-the-victim-when-voters-choose-reform/

[55:42] http://ccresourcecenter.org/2019/12/11/model-law-proposes-automatic-expungement-of-non-conviction-records/

[1:05:10] https://theappeal.org/prosecutors-can-right-past-wrongs-if-only-the-system-lets-them/

[1:09:30] https://thecrimereport.org/2019/12/09/can-we-learn-from-prosecutor-misconduct/

[1:13:20] https://apnews.com/206fdb1245da49848989c1e31c3e736d

[1:17:35] https://www.timesunion.com/news/crime/article/Former-Georgia-judge-gets-prison-for-trying-to-14901150.php

[1:19:30] https://www.themarshallproject.org/2019/12/12/can-we-fix-mass-incarceration-without-including-violent-offenders

[1:21:36] https://www.washingtonpost.com/nation/2019/12/12/california-cop-shot-killed-fleeing-teen-it-was-his-second-fatal-shooting-less-than-year/

[1:24:25] https://www.chicagotribune.com/suburbs/aurora-beacon-news/ct-abn-wayside-cross-child-sex-offender-eviction-notices-st-1214-20191213-6sbl3mssm5a3pdigtti4agcwgu-story.html

[1:26:30] https://www.centredaily.com/news/business/article238323638.html

[1:30:00] Differences between Supervision and The Registry

[1:44:40] https://www.reddit.com/r/SexOffenderSupport/comments/e8c9n2/the_long_road_of_healing_has_just_begun_im_so/

[1:49:00] https://en.m.wikipedia.org/wiki/Confabulation

https://www.registrymatters.co/podcast/rm106-what-is-the-difference-between-supervision-and-registration

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Transcript of RM105: Jailhouse Snitches Are Not A Safe Way To Run An Institution

Welcome to Episode 105 of Registry Matters. We loaded up the show with so much stuff to cover, there will be a patreon extra segment with a fair amount of extra stuff to dive into. If you want to gain access this extra contact, just $1 will unlock this over at https://www.patreon.com/registrymatters

We begin with a little tongue and cheek conversation about registering when traveling. Each state has their own requirements and we poke fun at the idea that they somehow know you’re there past the limit, whatever that is. And Andy’s plane was an hour delayed pushing him right up to the limit of Pennsylvania; which is 7 days.

GPS ankle monitors are very troubling. You’re essentially handcuffed  With them failing so easily, your liberty is in jeopardy if this technology fails. If the technology is used as an alternative to being in detention, jail costs $90 per day, more or less depending on location. And the GPS monitor costs $300 per month. My math isn’t great, but I think $90 per day is significantly more than $300 per month.

A man in Coral Gables requests the records from the city regarding the traffic cameras in the city. He receives 80 pages of data with his whereabouts far beyond their need to perform safety at intersections. You have the expectation that the government is not tracking your movement. You have the freedom of expression and freedom of assembly and all that constitutional mumbo jumbo. This is potentially a 4th amendment violation of unreasonable search. And also a 1st amendment violation since you might alter your assembly knowing the cameras are there.

Pennsylvania creates a degree of things that were already illegal, more illegal so to speak. Things like blackmail or extortion which are already illegal. Adding these new offenses is probably unnecessary because the prosecutorial tools already existed. This is essentially a law maker doing something that will be very popular, and have unanimous support but will have limited impact in the grand scheme of things.

Private prisons are a really bad idea. The idea that the profit margin of a company is based on the efficiencies related to the treatment of humans. From the corporate point of view, their shareholders are the benefactors, the corporation will cut all of the corners to be profitable at the expense of the humans.

Wrongful convictions happen all too regularly in our system. We make the assumption that when there is an accusation that the accusation is true. The person on the receiving end of the accusation may spend an enormous amount of time in a cage. We should take an extreme level of care in determining that a person is actually guilty.

Jailhouse snitches have an incentive to create erroneous information about people within the walls of prison or jail. A snitch system is not a safe way to run an institution. It is a highly unethical process that could yield false accusations leading to more time for innocent people, costing tax payers a great deal of money.

The legislative branch ties the hands of the judicial branch when they impose mandatory minimum sentences. A judge is the just that: a judge. A judge is presented with the facts of the case. They generally hear the evidence of the case by both sides: the prosecutor and the defense. They hear the witness testimony. We don’t want judges being legislators. It would then seem that we don’t want our legislators being judges either.

Pretextual stops are not allowed says the Oregon supreme court. A police officer routinely asks people if they are carrying weapons, or drugs, or illegal documents. Beyond the reason for the traffic stop, without any reason for the question to be asked, the police officer cannot inquire beyond the reason for the stop. If there is something to hint to the officer that there is something afoul going on, then they can extend their actions.

A plea of misdemeanor years in the past can absolutely impair your ability to get a job in the future. Often times people are in jail for a minor crime and the person wants so desperately to get out and go home. They plead out to some misdemeanor. Without proper counsel, they are totally unaware of the long term ramifications of the decision. Montgomery County Maryland adopts anti-bias policies for those with records which is a good thing.

It is an exceedingly rare event that a full circuit court hears a debate. This case involves correction officer misconduct that caught the attention of the entire 7th circuit court. The inmates in your charge are not there for your pleasure.

An 8 year old girl visiting her father in prison gets strip searched. It appears as though it was non-contact visitation anyway. The search yielded no contraband anyway. The governor has called for an investigation.  It also appears as there is policy to prevent the searches. The girl tells her mom that they made her take off all of her clothes. Shouldn’t the officer use some level of humanity that you don’t subject a child to a strip search. Now there will have to be a law put in place to actually make it so that officers don’t have a tool to use to strip search a child.

Bi-partisanship isn’t always good. A senator from each side of the isle introduce a bill to defend the use of facial recognition. Facial recognition is an amazing technology. Many of our politicians want to expand the use of this technology greatly. This technology could be wildly misused.

A 16 year old dies at the hands of the police after being tazed. It appears as though the police are stonewalling what happened. And regardless of this – the very instant that the boy was in the water and crying for assistance, the police should have moved into a protect and serve posture. At the point the boy was in the water, it seems unlikely that he would have been able to flee. And if so, not very far. The police have vast resources to call in additional support.

A family does nothing wrong except for bringing their child to the doctor. The doctor mistakenly identifies the child as being abused. What happens next is horrifying. Child protective services removes the child from the home. The parents have done nothing wrong. They were not offered any level of due process. Eventually, in court, the judge says “I’m sorry this happened” and their child was returned home. It is a terribly disturbing situation that the couple did everything right, but still had to spend thousands of dollars in legal representation.

[3:45] https://www.vox.com/recode/2019/12/1/20986262/ankle-monitor-technology-reset-podcast

[11:18] https://www.law360.com/access-to-justice/articles/1223225/-why-is-my-city-monitoring-me

[22:30] https://www.wesa.fm/post/pennsylvania-creates-criminal-offense-sexual-extortion#stream/0

[27:30] https://www.vox.com/policy-and-politics/2019/12/1/20989336/private-prisons-states-bans-califonia-nevada-colorado

[35:45] https://www.buzzfeednews.com/article/jamaltrulove/opinion-what-we-owe-the-wrongly-convicted

[41:15] https://projects.propublica.org/graphics/jailhouse-informants-timeline#172292

[47:45] http://www.abajournal.com/books/article/podcast-episode-112

[1:01:10] https://www.techdirt.com/articles/20191125/15400643456/oregon-supreme-court-shuts-down-pretextual-traffic-stops-says-cops-cant-ask-questions-unrelated-to-violation.shtml

State v Botello_Oregon Supreme Court_Pretextual Stops

[1:14:14] https://theintercept.com/2019/12/04/florida-damain-martin-police-accountability/

[1:20:10] https://www.nbcnews.com/news/us-news/hundreds-parents-say-kids-wrongly-taken-them-after-doctors-misdiagnosed-n1096091

[1:30:50] Question from a Patreon Supporter:

Just catching up on older episodes. Listening to 100 now. On the Halloween sign part. Not sure if this was argued or if it matters in Georgia. In New Jersey, a judge has a hearing to determine what tier a SO must be classified as. Tier 3 requires community notification. Tier 2 is  only schools, day care, etc. Tier 1 is law enforcement only. If a sheriff requires that a SO warning Halloween sign be posted in front of a house for a Tier 1 or 2 person wouldn’t that be violating an order of the court?

Consider that a listener question for Larry. One more… How can NJ deny bail to everyone through a recent law and still be considered constitutional. Not many are fighting about it. While it may be a better option for some, bail is specifically addressed in the United States constitution.

https://www.registrymatters.co/podcast/rm105-jailhouse-snitches-are-not-a-safe-way-to-run-an-institution

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Read the transcript of RM104: I Got My Rights Because I’m A Police Officer

We are happy to bring you this post Thanksgiving episode of Registry Matters. We were thankful to be joined by a bunch of people during the live stream too. I’m thankful for that 🙂 We tried to keep it a bit lighthearted on the heels of the holiday to poke fun at a not so funny situation where an off duty cop “harassed” some shoppers, which is where the title comes from “I Got My Rights Because I’m A Police Officer”

We start with a question about the various cease and desist letters being sent in New Mexico primarily to the sheriffs offices. What is the reasoning behind them being sent.

Another listener question that came from RM103 about “when does the 15 year clock start”? In-the-Matter-Of-Registrant-H.D._New Jersey Superior Court 2018. The listener had challenges finding any consensus with the various attorneys that they questioned.

Man spends over 200 days in jail/prison for multiple drug tests that were flawed; Kentucky governor pardons a man after the victim, who was 6, recants her tesimony; Holding old people in prison is a really expensive proposition;

[20:50] https://reason.com/2019/11/25/kavanaugh-joins-gorsuch-in-fight-to-revive-nondelegation-doctrine/
Justice Kavanaugh joins Justice Gorsuch with a trial balloon in a denied cert to SCOTUS;

[24:45] https://thehill.com/homenews/state-watch/472110-pennsylvania-enacts-law-ending-time-limits-for-criminal-civil-action-in
Pennsylvania is the latest state to remove the statute of limitation – pushing felonies out to infinity

[29:55] https://www.propublica.org/article/these-judges-can-have-less-training-than-barbers-but-still-decide-thousands-of-cases-each-year
In South Carolina, Magistrate judges have minimal training and then oversee thousands of cases per year – often violating constitutional rights of those before the court

[37:50] https://news.bloomberglaw.com/us-law-week/california-cops-barred-from-warrantless-vehicle-searches-for-id
The police are barred from performing warrantless searches. We don’t jettison the constitution for convenience

[40:30] https://theappeal.org/in-missouri-public-defenders-push-to-put-poor-defendants-on-wait-list-in-attempt-to-improve-their-legal-representation/
Public defenders in Missouri face a crushing caseload when trying to provide council to those needing public defender services

[46:20] https://theappeal.org/malcolm-jenkins-fraternal-order-police/
The Fraternal Order of the Police attack those that challenge them – they perform personal attacks for being questioned

[49:45] http://www.nydailynews.com/new-york/ny-new-york-prison-lawsuit-false-positive-drug-tests-20191126-tgj6bep7cfgmrnu3mr5v5tcy3e-story.html
Anthony Cortes was just about to be released from his drug treatment program when he came up positive on a drug screen. He is ejected from that program, and ends up spending 200 days in jail and prison, and even solitary confinement. All the while knowing he was clean of drugs and innocent. The drug tests were eventually found to be flawed.

[57:55] https://thehill.com/homenews/state-watch/471918-kentucky-governor-pardons-man-serving-life-sentence-for-sexually-abusing
Kentucky governor pardons a man who, it turns out, was falsely convicted in 2001 and serving a life sentence

[1:00:45] https://theappeal.org/the-costs-of-not-releasing-people-from-prison/
The elderly folks that are incarcerated cost a whole lot of money and they’ve probably aged out of the criminal mindset. Let them go home.

[1:04:35] https://www.washingtonpost.com/immigration/2019/11/27/ice-set-up-fake-university-then-arrested-people-it-gave-student-visas/
Immigration and Customs Enforcement set up a university to ensnare individuals trying to stay in the United States past their allowed time

[1:10:00] https://youtu.be/S0EHWgR6yVU
We have fun in this segment with an off-duty cop that appears to be profiling two shoppers “who didn’t look right”. The officer never articulates why they looked suspicious or anything of the sort.

https://www.registrymatters.co/podcast/rm104-i-got-my-rights-because-im-a-police-officer

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With just a little over a week before Thanksgiving and the start of the crazy holiday shopping season, here is Registry Matters 102. Larry gives us a rundown of the NACDL conference in Las Vegas representing NARSOL.; Graph of how SCOTUS Justices have voted – just wanted Larry to offer some ideas; Schumer wants better access to the Feds registrant information; Comparing active shooter drills to fire and nuclear bomb drills; Massachusetts and part of Texas are grappling with indigent defense; How do polygraphs work? They don’t. This poligrapher believes the machine is real; Sen Schumer wants better background checks; nearly $64,000 spent in Operation Hallowed Streets in Florida to find 118 people with mostly technical violations; Even if you are acquitted of a charges, you can still service time (for the remaining charges); Everyone is coming out of the woodwork to sue the Epstein estate; Criminal justice reform continues to find opponents; Our criminal justice system is doing exactly what we’ve asked for; Larry explains why we didn’t do DNA testing for the death row inmate in Georgia; A total garbage news segment from KYMA with demonstrably false information; Police captain arrested in prostitution sex sting from his own department. We should afford him the same presumption of innocent that we ask for.

[12:00] https://www.reddit.com/r/dataisbeautiful/comments/dw79y2/ideological_leanings_of_current_united_states

[16:00] https://nypost.com/2019/11/10/schumer-feds-havent-shared-sex-offender-database/

[19:35] https://www.kuow.org/stories/experts-worry-active-shooter-drills-in-schools-could-be-traumatic-for-students

[24:45] https://theappeal.org/massachusetts-highest-court-is-urged-to-address-a-crisis-in-indigent-defense/
https://www.texasobserver.org/potter-county-criminal-defense-system-is-lambasted-in-a-new-report/

[32:20] https://www.wowktv.com/news/west-virginia/how-do-lie-detectors-actually-work/

[38:20] https://www.securitymagazine.com/articles/91260-us-sen-schumer-calls-on-doj-to-implement-better-employment-background-checks

[41:45] https://patch.com/florida/brandon/operation-hallowed-streets-checks-5-000-sex-predators

[45:00] https://theappeal.org/you-can-be-sentenced-even-if-you-were-acquitted/

[52:55] https://www.law.com/newyorklawjournal/2019/11/12/boies-schiller-sues-jeffrey-epstein-estate-on-behalf-of-3-sexual-abuse-accusers/

[55:00] https://dailygazette.com/article/2019/11/12/local-opposition-mounting-to-criminal-justice-reforms

[58:40] https://theintercept.com/2019/11/09/criminal-justice-mass-incarceration-book/

[1:04:35] https://reason.com/2019/11/14/georgia-has-executed-a-death-row-inmate-without-dna-testing-the-evidence/

[1:08:50] https://www.kyma.com/news/released-to-reoffend-news-11-investigates-the-sex-offender-next-door/1142347283

[1:14:30] https://wreg.com/2019/11/16/police-captain-arrested-in-own-departments-prostitution-sting/

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We are proud to release Episode 101 of Registry Matters. We being by covering a listener comment in Louisiana regarding the fees associated with being a registrant; The 2nd Circuit overturns the conviction of a man who traveled across state lines – tons of twists and turns in this one; When prosecution has multiple bites at the apple, defendants rarely succeed; Vigilante justice continues; Plea bargains may be a constitutional violation; Voters asked for progressive prosecutors – but there is push-back from legislators; Texas prisons feel if you can’t handle 100 degree prisons…pfft; Panhandlers in Arkansas fight for freedom of speech and how this bolsters registrants 1st Amendment claims; Record expungement in Michigan approved by house; Georgia is poised to execute man convicted in the 90s while refusing DNA testing; Finally we cover interpreting state statutes on registering before travel, and while traveling to another state.

[6:00] A listener comment from Louisiana:
https://lawreview.law.lsu.edu/2016/10/11/too-poor-for-freedom-sex-offender-registry-and-the-fourteenth-amendment/
Just a reminder that in Louisiana it’s practically a crime to be registered and poor.  Community notification is paid for by the registrant. Mine just cost me $193.50 for a newspaper ad and $500.60 for postcards. Plus $82 for an ID card AND driver’s license good for just one year. Can’t pay? That’s a felony failure to notify, minimum 2 years (up to 10).

[12:10] https://www.law.com/ctlawtribune/2019/11/05/2nd-circuit-overturns-conviction-of-man-who-traveled-across-state-lines-for-sex-with-teen/
USA v Murphy Second Circuit Interstate Travel for Sex

[23:45] https://www.courthousenews.com/ex-nfl-player-kellen-winslow-jr-pleads-guilty-to-rape/

[27:25 ] https://www.wthr.com/article/police-warn-against-vigilante-justice

[33:00] https://www.wsj.com/articles/most-plea-bargains-are-unconstitutional-11572998068

[48:45] https://www.washingtonpost.com/national/these-prosecutors-won-office-vowing-to-fight-the-system-now-the-system-is-fighting-back/2019/11/05/20d863f6-afc1-11e9-a0c9-6d2d7818f3da_story.html

[51:10] https://www.courthousenews.com/judge-wants-to-know-which-texas-prison-officials-lied/

[56:30] https://www.courthousenews.com/eighth-circuit-strikes-down-arkansas-anti-panhandling-law/
Andrews v Arkansas State Police Eigth Circuit_Free Speech

[1:00:10] https://www.cnn.com/2019/11/05/politics/south-dakota-charles-rhines-execution/index.html

[1:01:50] https://www.freep.com/story/news/local/michigan/2019/11/05/criminal-record-expungement-michigan-house-approves-bills/4167338002/

[1:12:40] https://www.ajc.com/news/with-her-son-set-executed-cromartie-mother-begs-for-dna-testing/IbCBaLoPwJ2SlfD728nx9I/

[1:18:00] Comments regarding emitting radiation being in a state beyond your required time to register (GA)

Share the podcast with those you know so that we can continue to grow our audience! We continue to receive a lot of positive feedback. Help us grow!

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