Rebuttal below on the article: http://www.heritage.org/Research/Reports/2011/07/Get-SMART-Complying-with-Federal-Sex-Offender-Registration-Standards
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 The old patchwork quilt of sex offender laws around the country is obsolete and ineffective—a reality made tangible by tragedies like the murder of Sarah Haley Foxwell.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."
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."
________________________
"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."
__________________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."
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!
Ditto for me, guys!
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