Tuesday, February 8, 2011

Time To Revisit Ex Post Facto Clause For Sex Offenders

Scores of folks have sent me emails generated by a group called Citizens for Change. They want me to hear their cries for justice, and to sign on to the fight to have the courts declare retroactive application of the federal sex offender registration act unconstitutional. My first response to the emails was a weary sigh. The ex post facto clause is tricky, and most folks don't get just how it has been gutted by the courts.

The last time the federal Supreme Court heard an ex post facto challenge to sex offender registration was in 2003, involving an Alaska decision. The Smith v. Doe decision ruled that requiring a convicted sex offender to register as an offender is not a violation of the ex post facto clause of the federal constitution even if the registration requirement did not exist at the time a person was convicted.

The ex post facto clause prohibits lawmakers from passing laws that impose or increase punishment for criminal offenses after the acts are committed. But the law applies only to criminal laws, and not to civil laws. Most courts reason that registration requirements are not punishment, they are mere incidents, or consequences, of a criminal conviction. The purpose of registration, these courts say, is not punitive; registration exists merely to protect the public, and are civil in scope and purpose.

This is, of course, threadbare nonsense to the 700,000 or so folks required to register throughout the United States. These folks are publicly identified as pariahs long after they have paid their debt to society by way of the criminal sanction.

A recent article in the Fall 2010 edition of the Northwestern Journal of Law and Social Policy, Putting the Brakes on the Preventive State: Challenging Residency Restrictions on Child Sex Offenders in Illinois Under the Ex Post Facto Clause, by Michelle Olson, is a model of the sort of pragmatic scholarship that litigants can put to use in test cases. Olson argues persuasively that traditional arguments about the ex post facto clause are losing their persuasive force as lawmakers yield to moral panic over sex crimes.

Focusing on recent changes in Illinois law imposing residency restrictions on those convicted of child sex offenses, Olson paints a portrait of a body of law that grows without constitutional constraint. Lawmakers are quick to pass new legislation, fearing the reaction at the polling place if they should appear to have cold feet about isolating sex offenders of all sorts. It matters not whether an offender is convicted of violent rape or public indecency, lumping all offenders into one group and then dumping them into seeming virtual concentration camps is all the rage among lawmakers. The courts, it seems, are content to let this occur, relying on old and ancient understandings of the ex post facto clauses in the federal and state constitutions that regard registration as a mere civil incident to a criminal conviction.

But there is hope, Olson nots. The Supreme Courts of Kentucky and Indiana have recently ruled that retroactive registration requirements cross the divide from mere civil consequences to something akin to penal laws. Although the public rationale for registration is protecting the public, a registration regime that fails to distinguish those likely to cause harm from those who do not is irrational. What's more, these statutes sometimes require folks who were never even convicted of a sex offense to register. And what of the folks who are forced from family homes and support because they live too near to a school? Is it sound public policy to render folks who have served their sentence homeless?

Olson's article opened my eyes to broad new possibilities in the fight for sensible sex offender registration laws. It is my understanding that Louisiana's Supreme Court has also declared retroactive registration to violate the state's ex post facto clause. The federal Supreme Court's recent decision recognizing the importance of the collateral consequences of a conviction for non-citizens in the Padilla case also suggests that the high Court may be prepared to recognize that the line separating criminal and civil laws isn't as bright as was once thought.

States are often regarded as laboratories by the federal Supreme Court. Lawmakers in the fifty states experiment with laws and legal doctrines often well before an issue reaches the United States Supreme Court. If three state Supreme Courts have found reason to regard retroactive registration requirements as offensive since Smith v. Doe, there is hope additional states will follow suit. In time, there may well be grounds sufficient to return to the United States Supreme Court with a case testing new federal registration requirements.

To all those who have written urging me to take a look, thank you. I have done so. I'm in. SOURCE

15 comments:

  1. Once upon a time, Uncle Sam decided he wanted a data bank full of information on ex-felons. The problem was that he had no data to fill his bank. It would have been very expensive to contract with private enterprise to collect and supply the needed data. That would have been a tremendous financial burden on law enforcement as well. So, Uncle Sam decided to impose a duty of self-reporting on each ex-felon, at the ex-felon's own expense. This worked well but Uncle Sam was not happy. He wanted more information and more power. At the suggestion of special interests behind some celebrity elite, SORNA was enacted to require sex offenders to routinely supply Uncle Sam with verified data, current within a [48] hour margin of error, in perpetuity. The data was published on Uncle Sam's website and the public clamored. Private enterprise scraped the data from the website and redistributed it for profit making purposes. Law enforcement rejoiced. All were happy except for the exploited offenders, some of whom died in the service of good ol' Uncle Sam. This all occurred in spite of the 13th Amendment's prohibition of involuntary servitude and the 20 year penalty for forced labor in the Federal Criminal Code. If you don't think the service ex-felons perform for Uncle Sam is labor, I suggest that you call up and order a pizza. When the pizza delivery boy gets there, debate the question with him (or her). If you remain insensitive to basic human rights at issue, I can only hope you take the pizza without paying for it and the police explain it to you while arrested for kidnapping and robbery.

    Every elected and appointed official who sponsored, supported, upheld and enforces SORNA in disregard of the 13th Amendment, the Federal Criminal Code and the Forced Labour Convention of 1930 should be impeached, removed from office, tried, and imprisoned upon conviction of kidnapping, forced labor, robbery and … felony murder.

    Stop the Exploitation. Demand Restitution NOW!

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    Replies
    1. I am Quarshie Roberta from united kingdom, my heart is filled with so much joy today because of what DR OKAYA has done in my life. I got married to my loving husband 4 years ago and we were living a happy life together as young couples and everything was moving on smoothly without know disturbance, two months later I went to check up in the clinic and the doctor confirmed that I am three weeks pregnant with my heart filled with joy and my face full of smile and laughter I run down home to brake the good news to my dearly husband and he was very happy about the news and that night is a night I will always live to remember, to cut the story short after I have put to birth he was very happy you to see our bouncing baby boy, but along the line and all of a sudden he started keeping late night and going to club and doing the things he don't use to do before, and one mourning I confronted him about his new attitude but he ignore my advice, but to my greatest surprise I discover my husband have a mistress in his working place and they were seeing each other after work hour. on one faithful night my husband came back home and started packing all his belongings and told me that he is tired of me that he is filing for a annulment not knowing that his mistress has cast love spell on him that was why he was acting strange so I told my friend Grace in my working place so she gave me this contact OKAYASPELLHELP@GMAIL.COM and ask me to contact him that he will help me to bring back my husband in noon less than two days so when I got home I contact him and he told me that my husband is under a great love spell but he promise to help bring back my husband which he actually did within the period of two days. I was surprise to see my husband on one blessed mourning kneeling at my doorstep asking for my forgiveness saying it is the work of the devil that he did not know when he did what he has done and I forgave him and today we are living happily together. all thanks to great Dr. OKAYA for his great help in my family for helping me to restore my lost joy to my family, in-case you have similar case or even worst than my own your can contact him with his EMAIL ADDRESS: OKAYASPELLHELP@GMAIL.COM or through his phone number: +2348078291904

      Delete
  2. I was 17 had a girl friend that was 15 I turned 18 and three days later was charged with unlawful voluntary sexual relations and indecent solititation under the Romeo and Juliet laws in Kansas I did not have to register with the plea I took but when I got out they said I had to register for ten years one yr before my registration was suppose to be over I moved to Missouri and was informed I had to register for twenty five years if I didn't I would be charged with a new felony and made to do more time than my original crime that is not a civil punishment that is punitive they never put me back before a judge which violated my right to due process i have never failed to register nor have I reoffended I have been married and have two wonderful children I'm not making excuses for my past but I do believe my rights have been grossly violated 417-483-1001 for any assistance thank you

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  3. it was very terrible when i started with my relationship 3 year back when Donald called me on phone from Minnesota and said bye to me,i could not understand him well because its very funny. In June i want to see him Donald and he said to my face it is over.i was so sown and never know what to do,when i was on Google i saw Doctor Zaza contact where everyone was testifying on his spiritual power and i mailed and called him and explained my problems to him and all he said was don't worry because i will help you with your case and truly after all was done, he settle problem for me and 7days later Donald came back to me and apologize,its like a dream i started counting days but Donald nevered thought of left me. Do you have problems and need a solution then contact Doctor Zaza now for help via email: indiaspellcaster@hotmail.com

    ReplyDelete
  4. i just want to share my experience and testimony here.. i was married for 4 years to my husband and all of a sudden, another woman came into the picture.. he started hailing me and he was abusive..but i still loved him with all my heart and wanted him at all cost…then he filed for divorce..my whole life was turning apart and i didn't know what to do..he moved out of the house and abandoned the kids.. so someone told me about trying spiritual means to get my husband back and introduced me to a spell caster…so i decided to try it reluctantly..although i didn't believe in all those things… then when he did the special prayers and spell, after 2days, my husband came back and was pleading..he had realized his mistakes..i just couldn't believe it.. anyways we are back together now and we are happy..in case anyone needs this man, his email address olotospellhome@yahoo.com his spells is for a better life. again his email is olotospellhome@yahoo.com

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  5. After years in marriage with my husband with 2 kids, my husband started going out with other ladies and showed me cold love, on several occasions he threatens to divorce me if I dare question him about his affair with other ladies, I was totally devastated and confused until a old friend of mine told me about a spell caster on the internet Dr. Trust who help people with the relationship and marriage problem by the powers of love spells, at first I doubted if such thing ever exists but decided to give it a try, when I contact him, he helped me cast a spell and within 24hours my husband came back to me and started apologizing, now he has stopped going out with ladies and he his with me for good and has showed me so much love. Contact this great spell caster for your relationship or marriage problem at . uzaspellhome@yahoo.com you will be glad you did because he is a powerful doctor in relationships.

    ReplyDelete
  6. i just want to share my testimony here.. i was married for 12 years to my husband and all of a sudden, another woman came into the life of my husband.. he started hailing me and he was abusive..but i still loved him with all my heart and wanted him at all cost…then he filed for divorce..my whole life was turning apart and i didn't know what to do..he moved out of the house and abandoned me and my 3 kids.. so someone told me about trying spiritual means to get my husband back and introduced me to a spell caster called ashra so i decided to try it reluctantly..although i didn't believe in all those things… then when he cast the spell, after 3 days that he told me, my husband came back and was pleading..he had realized his mistakes..i just couldn't believe it.. anyways we are back together now and we are happy..in case anyone needs this man help, his email address ashraspellhome@yahoo.com his spells is for a better life

    ReplyDelete
  7. I am carissa from USA, i want to share a testimony of my life to every one. i was married to my husband, i love him so much we have been married for 6 years now with two kids. when he went for a vacation to France he meant a lady called Marian, he told me that he is no longer interested in the marriage any more. i was so confuse and seeking for help, i don't know what to do until I met my a friend of my and i told her about my problem. she told me not to worry about it that she had a similar problem like this before and she introduce me to a man called Dr.swami from indian who cast a strong spell to bring him back to her after 3days. then my friend ask me to contact Dr. swami. I contacted him to help me bring back my husband and he ask me not to worry about it that he is going to bring him back to me within 3days. He also told me by three days he will re-unite me and my husband together. After three day my husband called and told me he is coming back to sought out things with me, I was surprise when I saw him and he started crying for forgiveness. Right now I am the happiest win this world,if you need any restore in your relationship contact Dr. swamitemple@yahoo.com He is the best spell caster i have ever seen on earth for what this great spell caster did for me and my husband, you can contact Dr.swami on any problem

    ReplyDelete
  8. I am carissa from USA, i want to share a testimony of my life to every one. i was married to my husband, i love him so much we have been married for 6 years now with two kids. when he went for a vacation to France he meant a lady called Marian, he told me that he is no longer interested in the marriage any more. i was so confuse and seeking for help, i don't know what to do until I met my a friend of my and i told her about my problem. she told me not to worry about it that she had a similar problem like this before and she introduce me to a man called Dr.swami from indian who cast a strong spell to bring him back to her after 3days. then my friend ask me to contact Dr. swami. I contacted him to help me bring back my husband and he ask me not to worry about it that he is going to bring him back to me within 3days. He also told me by three days he will re-unite me and my husband together. After three day my husband called and told me he is coming back to sought out things with me, I was surprise when I saw him and he started crying for forgiveness. Right now I am the happiest win this world,if you need any restore in your relationship contact Dr. swamitemple@yahoo.com He is the best spell caster i have ever seen on earth for what this great spell caster did for me and my husband, you can contact Dr.swami on any problem

    ReplyDelete
  9. Be careful here nobody can help you here or even suggest how you can get your ex or love back,any testimonies of most spell caster here must be ignore.because most of them are scam i mean real scam which i was a victim and i got ripped of thousands of dollars because i was so anxious to get my wife back after she left me for over 2 years with my 7 years old son jerry,i have applied to 7 different spell caster here and all to no avail they all ask for same thing send your name your ex name address and picture phone number etc which i did over and over again and most of them were from west Africa until i saw a post about mama Anita spell and i decided to gave her my last trail.she ask me four things my real name,my ex and my ex mother name and $180 and said my ex will come back in 24hours, i have paid over $3000 on spell casting and courier and nothing have work for me after 3 days i was thinking about how much i have lost so far so i said let me give her a try so i called her again and send my real name,my ex and my ex mother name and the $180 because i swear it was my last try so i was waiting as she told me to wait till next day and i could not sleep that night because i really love my wife and want her back at 9pm that day i saw my wife on line on face book and she said hi at first i was shock because she never talk with me for the past a year and 9 month now i did not reply again she said are you there? i quickly reply yes and she said can we see tomorrow i said yes and she went off-line i was confused i try to chat her again but she was no more on line i could not sleep that night as i was wondering what she is going to say, by 7.am the next morning she gave me a miss call i decided not to call back as i was still on shock again she call and i pick she said can we see after work today i said yes so she end the call immediately i got off work she call me and we meet and now we are back again i call mama anita the next day thanking her for what she has done in fact i still call her and thank her as my life was not complete without my wife please be careful here i have been scam thousands of dollars if you want a true love spell then contact mama Anita (mama.anitatruelovespell@gmail.com)

    ReplyDelete
  10. My name is Sonia and I live in NY. i had problem with my ex boy friend some months ago. he was cheating on me which hurt me badly,and he was also avoiding me,He no longer picked up my calls.I was totally confused cos i didn’t know what to do. So i was surfing the internet for love spells to get him back and I saw Papa ogbefispell@gmail.com’s Youtube Video Testimonials. I knew I had to contact him and get him to help me. So i contacted t and she told me to order a consultation which I did. He told me everything, as if he had been there. The reading was simply amazing, I didn’t really believe in psychics, but after the reading, I knew psychics were real. And he told me that I needed some spells, so I did what I had to do to get them done by him. To cut it short.My ex boy friend gave me a call and said to me that we should have a date,i agreed.On the date,He was begging me to have him back and i agreed we are now together again,. Thank you Papa ogbefispell@gmail.com for rescuing my relationship…..continue your good work

    ReplyDelete
  11. My name is Stacy Blair i have been in bondage ever since my EX left for another woman, It was really hell for me and everybody told me to forget about him but i could not because i love him so much. Things got worse until my friend introduced me to this great spell caster DOCTOR UDOLOWA SPIRITUAL SPELL TEMPLE who have saved so many life and relationships and i contacted him through his email ( Udospiritualspelltemple@hotmail.com ) i explained everything to him and he cast a spell for me immediately after three days, everything turn around and my boyfriend came to me on his knee begging for forgiveness that i have been the only woman he has loved in his life and he is ready to love me forever. I was really surprised because i have never seen such a miracle in my life. I am so thankful to this man and i will forever publish his name Doctor Udolowa.

    Contact him now for your own miracle via email: Udospiritualspelltemple@hotmail.com

    ReplyDelete

  12. I am Victoria, I promise to share this testimony all over the world once my boyfriend return back to me, and today with all due respect i want to thank DR.ATILA for bringing joy and happiness to my relationship and my family. I want to inform you all that there is a spell caster that is real and genuine. I never believed in any of these things until i loosed my boyfriend, I required help until i found a grate spell caster, And he cast a love spell for me, and he assured me that I will get my boyfriend back in two days after the spell has been cast. two days later, my phone rang, and so shockingly, it was my boyfriend who has not called me for past 4 years now, and made an apology for the heart break, and told me that he is ready to be my back bone till the rest of his life with me. DR.ATILA released him up to know how much i loved and wanted him. And opened his eyes to picture how much we have share together. As I`m writing this testimony right now I`m the most happiest girl on earth and me and my boyfriend is living a happy life and our love is now stronger than how it were even before our break up. So that`s why I promised to share my testimony all over the universe.All thanks goes to DR.ATILA for the excessive work that he has done for me. Below is the email address in any situation you are undergoing a heart break, and I assure you that as he has done mine for me, he will definitely help you too. that is his email address atilahealinghome@yahoo.com

    ReplyDelete
  13. I am Quarshie Roberta from united kingdom, my heart is filled with so much joy today because of what DR OKAYA has done in my life. I got married to my loving husband 4 years ago and we were living a happy life together as young couples and everything was moving on smoothly without know disturbance, two months later I went to check up in the clinic and the doctor confirmed that I am three weeks pregnant with my heart filled with joy and my face full of smile and laughter I run down home to brake the good news to my dearly husband and he was very happy about the news and that night is a night I will always live to remember, to cut the story short after I have put to birth he was very happy you to see our bouncing baby boy, but along the line and all of a sudden he started keeping late night and going to club and doing the things he don't use to do before, and one mourning I confronted him about his new attitude but he ignore my advice, but to my greatest surprise I discover my husband have a mistress in his working place and they were seeing each other after work hour. on one faithful night my husband came back home and started packing all his belongings and told me that he is tired of me that he is filing for a annulment not knowing that his mistress has cast love spell on him that was why he was acting strange so I told my friend Grace in my working place so she gave me this contact OKAYASPELLHELP@GMAIL.COM and ask me to contact him that he will help me to bring back my husband in noon less than two days so when I got home I contact him and he told me that my husband is under a great love spell but he promise to help bring back my husband which he actually did within the period of two days. I was surprise to see my husband on one blessed mourning kneeling at my doorstep asking for my forgiveness saying it is the work of the devil that he did not know when he did what he has done and I forgave him and today we are living happily together. all thanks to great Dr. OKAYA for his great help in my family for helping me to restore my lost joy to my family, in-case you have similar case or even worst than my own your can contact him with his EMAIL ADDRESS: OKAYASPELLHELP@GMAIL.COM or through his phone number: +2348078291904

    ReplyDelete
  14. i am here to give testimony of how i got back my husband, we got married for more than 7 years and have gotten two kids. thing were going well with us and we are always happy. until one day my husband started to behave in a way i could not understand, i was very confused by the way he treat me and the kids. later that month he did not come home again and he called me that he want a divorce, i asked him what have i done wrong to deserve this from him, all he was saying is that he want a divorce that he hate me and do not want to see me again in his life, i was mad and also frustrated don’t know what to do, i was sick for more than 2 weeks because of the divorce. i love him so much he was everything to me without him my life is incomplete. i told my sister and she told me to contact a spell caster, i never believe in all this spell casting of a thing. i just want to try if something will come out of it. i contacted Dr amine spell temple for the return of my husband to me, they told me that my husband have been taken by another woman, that she cast a spell on him that is why he hate me and also want us to divorce. then they told me that they have to cast a spell on him that will make him return to me and the kids, they casted the spell and after 1 week my husband called me and he told me that i should forgive him, he started to apologize on phone and said that he still live me that he did not know what happen to him that he left me. it was the spell that he traditional spell hospital casted on him that make him comeback to me today,me and my family are now happy again today. thank you traditional spell hospital for what you have done for me i would have been nothing today if not for your great spell. i want you my friends who are passing through all this kind of love problem of aminespelltemple@yahoo.com getting back their husband, wife , or ex boyfriend and girlfriend. and you will see that your problem will be solved without any delay.

    ReplyDelete