Saturday, November 28, 2015
Tuesday, November 17, 2015
lawsuit over a public sex offender database, claiming the state’s
inaction has led to the fatal attacks of four individuals...
Monday, November 16, 2015
Wednesday, November 11, 2015
Read more: http://www.sfgate.com/news/crime/article/Lawsuit-California-breaks-the-law-on-sex-6623370.php
Felonies, punishable by more than a year in prison, are split into 4 degrees:
- First degree felonies punishable by up to five years or $5,000 in fines
- Second degree felonies punishable by up to 15 years and $10,000 in fines.
- Life felonies punishable by 40 years to life
- Capital felonies punishable by either life imprisonment or death. Capital punishments include only murder, sexual battery and capital drug trafficking.
A third class of crimes, common law crimes, including violations like contempt of court that are not specifically classified as felonies or misdemeanors in statute.
Felony sentences are determined by a combination of judicial discretion and a points system. The points system provides guidelines based on the type of crime committed and the circumstances surrounding the crime.
This process results in mandatory minimum sentences for many crimes. While judges can sometimes depart from these minimums, it is generally easier to order harsher punishments than more lenient ones, according to The Florida Bar Association.
The primary state agency that executes these laws is the Florida Department of Law Enforcement. FDLE is responsible for coordinating multijurisdictional investigations, conducting its own independent investigations, processing and analyzing forensic evidence and training and monitoring other law enforcement agencies.
For juvenile offenders, criminal cases are usually handled by the Department of Juvenile Justice, led by a governor appointed secretary. DJJ operates 21 detention centers and is responsible for a wide range of programs designed to redirect and rehabilitate delinquent youth.
Florida, however, allows prosecutors to decide whether to try most juveniles as adults, and the state now leads the nation in such cases, according to Human Rights Watch.
The country generally and Florida specifically has seen a steep drop in the past decade. FDLE estimates that from 1993 to 2013 both the rate and total number of crimes committed dropped by 55.8 and 37.4 percent, a decrease that was even more dramatic for violent crimes. Juvenile delinquency has also declined significantly and is at its lowest rate in 30 years.
This drop in crime coincided with a massive increase in incarceration caused by laws like Gov. Charlie Crist's "Truth In Sentencing" proposal, which mandates all offenders complete at least 85 percent of their sentence before they are eligible for release.
According to the Brennan Center for Justice, however, rising incarceration accounted for 0 to 10 percent of the drop in crime, with factors like increased police presence, data driven enforcement techniques and social movements driving most of the change.
Many reform proposals have focused on reducing incarceration rates by expanding special court programs and introducing new sentencing guidelines.
In 2015, the Legislature passed SB 378, which gives police more authority to issue warnings to juveniles and encourages them to use civil citations instead of arrest and incarceration. Lawmakers also moved toward creating a regulatory system for police body cameras. That included passing several public record exemptions for body camera obtained recordings despite the misgivings of advocates like the ACLU, who said the exemptions undermined the accountability cameras were supposed to bring to police.
Tuesday, November 10, 2015
Saturday, November 7, 2015
The Supreme Court will decide whether convicted sex offenders must update their status on the federal sex offender registry after moving to a foreign country.
The justices agreed Friday to resolve a split among lower courts that reached different outcomes in the cases of two men — one who lived in Kansas City, Kansas, and another who lived in Kansas City, Missouri.
The court will hear an appeal from Lester Nichols, a Kansas man who moved to the Philippines after his release from prison in 2012 without updating his registration. A federal appeals court in Denver upheld his conviction for violating the law.
But a federal appeals court in St. Louis said a convicted sex offender from Missouri did not have to register after he also moved to the Philippines.
(Note: this will basically only effect registrants that move out of the country)
Friday, November 6, 2015
November 6, 2015
The AP unveils a startling truth after spending a year investigating
incidents of sexual misconduct by U.S. law enforcement. After spending a
year investigating cases of sexual...
Longer Prison Terms Only Works for Politics
Recently Matt Gaetz who is running for the republican representative
for Bay county Florida has come out with a new shocking advertisement.
In this ad he boasts his role in...
Thursday, November 5, 2015
Wednesday, November 4, 2015
Your help is urgently needed NOW. Please take a minute to write to the US Sentencing Commission this week regarding the reclassification of CP offenses. Below is a sample Email...
Read More »
Sunday, November 1, 2015
One To See Change Past Posts
- ► 2016 (210)
- Polygraph Testing and Sex Offenders
- CA: Suit alleges California database violates law,...
- Donate Now!! Florida Action Committee
- New Page of Interest: Florida Sex Offender Registr...
- Community of the Wrongly Accused: CNN to air rape ...
- VA: Cost of sex offender program shocks lawmakers ...
- Deadline to send comment to the US Sentencing Comm...
- Ohio Supreme Court upholds sex offender registrati...
- Tide turns against US residency restrictions on se...
- Bogus Sex Stings Make Forbes' Magazine's Top 10 In...
- Lawsuit: California breaks the law on sex offender...
- Florida Crime and Enforcement
- John Oliver Slams the Criminal Justice System for ...
- 46 cities face challenge to sex-offender residency...
- ACLU: Why Sex Offender Laws Do More Harm Than Good...
- Sex-sting arrest prompts suit against Sheriff's Of...
- Court appears fractured in child pornography manda...
- High Court to Hear Appeal Over Sex Offender Regist...
- Shocking Numbers of Police Officers Have Committed...
- Longer Prison Terms Only Works for Politics - Flor...
- Eighth Grader in Florida Disciplined For Giving Hu...
- Entrapment victim fights back!!! - Florida Action ...
- Fight Back!!! - Florida Action Committee
- Call-to-Action: Send Letter to US Sentencing Commi...
- A cruel and unnecessary punishment in a prep schoo...
- BAN THE BOX - Florida Action Committee
- New Advocate Website: Governing Us
- Associated Press Shines a Light on Law-Enforcement...
- An SO’s Struggle for Civil Rights - Florida Action...
- Law barring sex offenders near schools temporarily...
- ▼ November (30)
- ► 2014 (113)
- ► 2013 (154)
- ► 2012 (507)
- ► 2011 (1492)
One to See Change Blog List
Be wary of emotionally charged laws named after dead people - There’s an old adage in politics that says “it’s always better to do something than nothing.” One look at emotionally charged legislation like Kate’s Law...1 day ago
As some states reconsider sex-offender registries, an Alabama resident argues the state’s for-life requirements are too much | Free | annistonstar.com - As some states reconsider sex-offender registries, an Alabama resident argues the state’s for-life requirements are too much | Free | annistonstar.com5 days ago
Restorative Justice & Sexual Harm: Restoration, Reconciliation, Retribution? - *By Kieran McCartan, PhD, & David Prescott, LISCW* One of the authors was at a public engagement event recently and met a person who had been sexually ass...6 days ago
Time for Alabama to join the 21st century and reform their backwards registry law - First off, what purpose does your interactive map serve? Someone in Bullock County might believe their county is a "sex offender haven," but in reality, fe...1 week ago
Middle School Teacher Suspected of Sex With Student Kills Herself in Front of Police - *5-11-17 Colorado:* A longtime Colorado middle school teacher killed herself in front of police as they approached her home this week as part of an invest...4 weeks ago
Child Safety at Sea: Freed and Stuart Talk Cruise Policies to Protect Kids - *4-24-17 National:* Protecting kids at sea has been a hot topic of late, as some major cruise lines have adjusted their pool policies to add lifeguards. M...2 months ago
Jared Fogle Beaten and Bloodied in Prison Yard Ambush - *3-16-2016 Colorado:* Jared Fogle, 39, got a surprise beatdown in federal prison from an inmate who has major issues with child molesters ... TMZ has lear...4 months ago
"If we’ve learned anything . . . it’s that we need to slow down the rush to judgment . . . ." - Laura Kipnis, professor, Northwestern University, urges the Northwestern community not to rush to judgment on an alleged sexual assault. Here's a letter sh...5 months ago
Voting for the 2016 Shiitake Awards going on now until March 1, 2017 - VOTE HERE -- https://www.surveymonkey.com/r/F5NZN2J The 8th Annual Shiitake Awards is here! For 8 years now, the annual Shiitake Awards spotlights the mos...6 months ago
Alive, just been busy busy - Just another quick post that things are well, just settled into a new life down here in the Keystone State with all the positives and negatives that come w...3 years ago
Inside HSCA Guest Blog, MJ Wylie: UDI Marks a Turning Point in Healthcare - *This blog is excerpted from its original post at Today's Medical Developments.* The U.S. medical device industry continues to innovate, producing sophis...3 years ago
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)
On a Personal Note
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:
* * * *
“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?”
* * * *
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:
* * * *
“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.”
* * * *
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.”