Monday, February 13, 2012

IN - HB-1204 - New Sex Offender Bill

The following was sent to us via the contact form and posted with permission.

All:

We have an ugly bill (HB-1204) in the second house for vote. It's already passed the first house of Representatives.

The bill is two part:
  1. This bill is set to NOT allow a registrant from having information taken off the registry EVER! This bill will only allow a registrant to have their addresses taken off permanently! A registrant will FOREVER have to keep pictures updated for the public registry!
  2. This bill will allow Romeo and Juliet Offenses to be taken off the registry, but then again, from what I am understanding, just their addresses.

When I talked to several attorney's, representatives and a senator, they were trying to sugar coat it by saying that after ten years a registrant can petition to be taken off the registry! Whooopie DOO! If your pictures and names remain on the registry for life, WHO CARES?

PLEASE call, fax or write your representative in OPPOSITION to this bill, ASAP before it's voted on in the House of Senators!


LA - Louisiana Sex Offender Case May be Appealed to SCOTUS

Original Article

02/13/2012

By Tom Hymes

The case perfectly illustrates due process problems cropping up in state sex offender programs throughout the nation

ST. FRANCISVILLE - In a case that illustrates due process problems inherent in some state sex offender registry programs, the Louisiana Supreme Court ruled last Tuesday that [name withheld] will have to spend the rest of his life on a sex offender registry, even though his only "crime" was a single consensual sex act that took place when he was a teen. Adding horrible luck to lifetime injury, the act took place in two separate jurisdictions, leading to two separate convictions, which put him in jeopardy of the lifetime registration.

[name withheld] was accused of having sex, when he was 19, with a girl under the age of 17 in the back of a truck while a friend drove them from East Baton Rouge Parish to East Feliciana Parish,” reported theadvocate.com. “In 1995, [name withheld] pleaded no contest in East Feliciana Parish to indecent behavior with a juvenile and guilty in East Baton Rouge Parish to carnal knowledge of a juvenile. He was sentenced to two concurrent three-year prison terms.”

The no contest plea also meant that [name withheld] would have to register with the state sex offender registry for a ten year period following his release from prison, which took place in 1996 following 18 months of incarceration. Upon release, [name withheld] met with his parole officer and informed him that he wanted to move to Mississippi. According to the Facts and Procedural History contained in the Louisiana Supreme Court ruling, “On December 24, 1996, following the direction of his parole officer, Mr. [name withheld] registered as a sex offender with the Wilkerson County Sheriff's Office in Mississippi.”

[name withheld] returned to Louisiana in 2003, where he registered with that state’s sex offender program through 2006, when he ceased registering. “The hearing transcript reveals that Mr. [name withheld] believed his duty to register as a sex offender ended in December 2006, ten years from the date of his initial registration in Mississippi,” the LSC ruling stated.

Three years later, however, he was contacted by Louisiana and informed that because the sex offender law in the state had been amended several times in the intervening years, he had to start registering again annually... for the rest of his life. It turns out the new law imposed lifetime registration on people convicted in two separate jurisdictions. [name withheld]'s truck ride, of course, exposed him to the two prosecutions.

[name withheld] registered for the sex registry in January 2009, but a month later filed a petition to “enjoin various state agencies from enforcing the sex offender registration law," arguing that "by subjecting him to the amendments of the sex offender registration statutes after he had completed his ten-year registration period, the State of Louisiana was violating the ex post facto clauses of the constitutions of Louisiana and the United States.”

A district court ruled against him, but the First Circuit overruled after determining that "Mr. [name withheld]'s obligation to register, under the law in effect at the time of his conviction, had terminated in December 2006, ten years after his initial registration in Mississippi,” that “the 1999 amendment... creating the lifetime duty to register, did not apply to Mr. [name withheld] because it excluded persons convicted of a sex offense before July 1, 1997,” and that “the subsequent amendments in 2007 and 2008... also did not apply to Mr. [name withheld] because their application would violate ex post facto principles.Ex post facto laws that apply increased punishment retroactively are prohibited by clause 3 of Article I, section 9 of the U.S. Constitution.

In reversing the First Circuit, the Louisiana Supreme Court concluded, “We find the 1999 amendment as a multiple sexual offender. We further find no violation of the ex post facto clause in the application of the sex offender registration statutes to Mr. [name withheld]. Thus, we reverse the ruling of the court of appeal, and reinstate the district court's judgment denying Mr. [name withheld]'s petition for injunctive and declaratory relief and ordering him to register as a lifetime sex offender.”

In its detailed justification for the finding, however, the court also exposed the significant level of impact the lifetime registration will have on [name withheld] (and others in a similar position). “Some of the provisions of the registration statutes may be remotely similar to historical forms of punishment, such as public humiliation," the court admitted, adding that the "burden of the public and community notification process on convicted sex offenders" also causes them "to expend money they were not obligated to pay at the time they committed their offenses.”

Despite those burdens, the court found that “the extension for life of the time period for registration, as well as the added requirement of notations on Mr. [name withheld]'s driver's license or identification card, may be harsh, may impact a sex offender's life in a long-lived and intense manner, and also be quite burdensome to the sex offender"—but it did not infringe on "the principles of ex post facto.”

Death of the Constitution
Why? Well, because “it is well-settled that Louisiana's sex offender registration requirements are not punitive, but rather, they are remedial and may be applied retroactively without violating the prohibition of the ex post facto clause."
- They are basically saying that they can bypass the Constitution by calling something civil, regardless of what it does, and it won't violate the Constitution.  Once again, this proves the state and US Constitutions are not worth the paper and ink they are written with.

In other words, they are for his own good.

But even if they are not, it is still okay to impose lifetime registration retroactively because the "onus placed on [sex offenders] by the legislation did not constitute a separate punishment for their offense, but rather, it imposed a condition of their release on parole or probation.”
- Why don't you live with the scarlet letter and laws for awhile, then come back and tell us that!

In other words, we changed our mind. Get over it.

In the end it's hard to see how [name withheld] has gotten anything but a raw deal, but he's not the only one who has had to adapt to a nationwide wave of increased sentences and post-incarceration supervision for low level non-violent infractions. The issue of fairness is something most states are dealing with as they try to comply with federal sex offender mandates imposed as part of the Adam Walsh Child Protection and Safety Act of 2006. Ensuring that the punishment fits the crime has been one of the biggest challenges facing these programs, and a case like this exemplifies how easily basic fairness can be overlooked.

It’s no wonder [name withheld]’s attorney, Charles Griffin, reacted indignantly when he talked about the possibility of an appeal to the highest court in the land.
- It needs to go to the SCOTUS, but, like we said, the US Constitution is not worth the paper and ink it's written with, so even SCOTUS may bypass the Constitution just to "look tough" on crime while actually doing nothing to protect anybody or prevent crime.


It’s going to take some guys up in Washington who have a little more insight into due process,” he said, proving that hopes springs eternal.


IL - What would I have to do to travel to another country?

The following was sent to us via the contact form and posted with the users permission.

You should talk to your local sheriff about this, the police in the country you plan on visiting, or a lawyer. No, we do not have this information.


By Anonymous:
I am an RSO in Illinois and have been an RSO since I plead guilty at age 17 to an accusation from my aunt after baby sitting my 7-year-old cousin. I was never told I would be an RSO or what that was until after I plead. I give this info in case the ages change any advice.

I have always wanted to travel to various other countries but I am afraid of what might happen to me legally if I fly to a different country.

Some places I want to visit include Ireland, Poland and Australia.

Do you guys have any info about travel outside the US?


AUDIO - Understanding Pedophilia

Original Article

See Also: Radio Interview with Dr. Fred Berlin: "Understanding Pedophilia"

02/07/2012

By Benjamin Bombard

No behavior is more reviled in America than pedophilia. Dr. Fred Berlin, a professor at Johns Hopkins University, believes in the necessity of criminal penalties for pedophiles, but, he argues, thinking of pedophilia solely as a criminal mindset hamstrings our ability to control it. Berlin regards pedophilia as a treatable mental disorder. He'll join Doug on Tuesday to discuss our understanding of pedophilia and how we can manage and treat it before it leads to a pernicious incident.


FL - Black KKK Racists protest ex-sex offender trying to better himself

Original Article
Related Article

02/12/2012

JACKSONVILLE - A Northside church added extra security guards Sunday morning and JSO cruisers patrolled nearby while protesters yelled and chanted at anyone who walked by.

Men and women calling themselves the "New Black Panther Party" protested outside of [name withheld]'s church, Christ Tabernacle Baptist Church Sunday. The group says they're upset because [name withheld] is a registered sex offender and has been allowed to preach at the church on North David Street.

"The black ministers in the city of Jacksonville ought to be ashamed of themselves. How can you say you're a follower of Christ but you won't stand up and speak out against this injustice?" Panther member Mikhail Muhammad said.
- They are nothing more than a racist hate group. The black KKK. The Church is suppose to be a place for everyone, not just members or people you like! They also have claimed to be "followers of Christ", yet they are harassing a person trying to better himself? They are the hypocrites!

[name withheld] pleaded guilty in 2009 to lewd molestation and lewd conduct with two teenage girls who were in his congregation at Shiloh Metropolitan Baptist Church. He served more than 2 years in prison. Because he is a sex offender, the church has had to bar children from attending Sunday service.
- Why? If he is up on the stage preaching, and everyone else is in the crowd listening, what is the problem? Why ban kids? Is he going to become invisible and secretly molest some kid? Come on!

"We came because the children who we should be teaching and preaching cannot come out today. So [name withheld] should do that moral thing. He should step down," Muhammad said.
- You should do the moral thing, and let the man be. You ever heard of forgiveness? Of course not!

"As a mother, and as a victim as well, I have to stand up for the children. We have to be their voice," Panther Party member Marilyn Burroughs said.
- Where have I heard that before? Oh yeah, PetraLunatic!


[name withheld] didn't come out to speak and couldn't be seen entering or leaving the church, but he has many supporters.
- I for one am a supporter!  I wish him the best of luck.

Johnny Harris began coming to Christ Tabernacle just to see his former pastor at work.

"I miss his preaching. He's a good teacher," Harris said.

"There's a better way to do that, then to come in front of the house of God on a Sunday morning with that kind of stuff," Pastor James Brandt of Zarephath Tabernacle Baptist Church (YouTube) said.

The New Black Panther Party says they will protest every Sunday until [name withheld] stands down from his post.


Video Link

Black Racists:
Most, if not all of these folks, have never seen slavery!


Video Link

White Racists:
These are just a bunch of backwood rednecks!


Video Link



And the vigilante group "No Peace For Predators," is spewing more hypocrisy on their Facebook page, and are apparently supporting these racists?

Yeah, shame on you David, who also calls himself a "Christian!"