Tuesday, July 19, 2011

Comments on the article "Federal Sex Offender Registration"


Comments below:

Quick assessment of this article's "talking points."

1. Attorney General Eric Holder should refuse to grant jurisdictions any more extensions in implementing the Sex Offender Registration and Notification Act (SORNA).

COMMENTS: I agree. Why prolong the fact that most states have absolutely no desire to pass this abominable law? The feds cannot force compliance.

2. The Act is not an unfunded mandate that penalizes jurisdictions. Rather, it is resourced and funded, even if jurisdictions chose to forgo some federal grant money. Many jurisdictions have already proven that SORNA is not inflexible or unachievable, and courts have noted that the Act is constitutional.

COMMENTS: What's this guy smoking? Ohio has repeatedly struck down attempts to apply the law retroactively, at an untold cost of millions to reclassify thousands of registrants. He is right, the law is not technically "unfunded," The FY 2010 Consolidated Appropriations Act included $1.1 TRILLION in reckless spending, but the clincher is giving $353.5 MILLION to the Adam Walsh Act! Of course, that $353 million million must be divided between 50 states, several territories and Indian tribes ("over 100 jurisdictions" according to this article), in addition to the US Marshals, the NCMEC, and the myriad of programs BESIDES the SORNA provisions. All of a sudden, 353 Million bucks does not seem like a lot. When a bill explicitly states refusal to implement the law (duh, its right in section 125), it is pretty obvious there is a penalty to failure to comply. Ohio is still facing battles over classification. Other states like Texas has raised issues with the law's provisions, including the call to register teens as young as 14 on the registry. I guess the guy who wrote this crap fast forwarded past the SORNA hearing to the parts i his favor. There are plenty of rejections of AWA provisions on this AWA fact page:

http://www.oncefallen.com/AdamWalshAct.html

3. The old patchwork quilt of sex offender laws around the country is obsolete and ineffective—a reality made tangible by tragedies like the murder of Sarah Haley Foxwell. SORNA, when fully realized, will protect this nation by giving citizens and law enforcement more accurate knowledge and information about convicted sex offenders’ identities and locations.

Actually, it will give them no more info than what one would find in the NCIC. He is relying on an appeal to emotion. I'd say the AWA failed to save Esme Kenney, who was killed by a Tier 3 offender in Cincinnati in 2009, nor did the AWA stopped Anthony Sewell. The old "If only this law was on place" argument has outlived its usefulness. The registry has been proven to have no impact on sex crime prevention, and may even increase sex crime laws. This slanted article never considers the effectiveness of this law, nor acknowledge the true nature of sex crimes, i.e., most occur with a trusted person who is likely not on the registry. States have found changing their state sex offender sentencing scheme to match AWA has not been very streamlined as this guy would have you believe.

4. Congress passed SORNA to establish a minimum standard for sex offender registration nationwide. Now it is time for jurisdictions to stop making excuses and implement this legislation.

States have not made "excuses," but informed decisions using the precedent established by the few states that are currently "substantially compliant." It is interesting to note this guy relies on the 100,000 missing sex offender myth."
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"The appropriate response, for the most part, will be to show the erroneous nature of his assertions, rather than to accept his assertions, and show correct statistics to refute what he shows.

What he is trying to do is create a FACTOID (something said so many times that folks will believe it), this has been the way of the opposition for years.

Given where he is writing from, I am very surprised at this article."
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Although I truly appreciate some intellectual input, I have to say these are  my two favorite comment though:

"This is a  horrible article, it is riddled with misinformation and outright lies."

"I thought that was a horrible article and the writer is an idiot" 

Ditto for me, guys!

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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.


But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?


All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
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What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
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I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”