Bill Cosby challenges new sex offender law as unconstitutional
Bill Cosby, the former acting legend who was recently convicted of sexual offenses, is challenging his designation as a “Sexually Violent Predator”
Days ago, Cosby received the designation from the State of Pennsylvania. Some of the distinctions of the SVP designation are lifetime registration and enhanced notifications (such as distribution of fliers to neighbors). Among the reasons for his challenge is arguing that “Act 10”, which was passed in 2018, cannot be applied retroactively in violation of the Ex Post Facto clause of the Constitution.
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Id like to see a good lawyer challenge the sex offender laws based on 1st 4th 5th 8th and 14th amendments after either mandatory release or after parole completion in the right not to make contact with police to be forced to register.. like for example 1st amendment challenge taking public pictures with camera a constitutional protected activity but person has a right not to make conversation or contact with officer, and they are free to leave unless detained or question based on articulable evidence that a crime is or has been commited. How can a free person be forced to make contact and give up liberties and be forced to speak to give up personal information when the same does not apply to others in public activities.. where this apples to one it doesnt apply to others..excessive and unconstitutional no?
https://www.youtube.com/watch?v=TCkFg7o733k
Every last one of you who has an interest in this issue really, really, really need to watch this video. It is not a very long video, but it is a goldmine of information explaining exactly where and from whom the “frightening and high” recidivism rate myth came from. If you have a YouTube video downloader you should download this video and burn it to DVD so you can show it to any politician you can get an audience with. It contains interviews with two people at ground zero.
The best argument for ex post facto is: what is the definition of probation? If you look at a definition, sex offender registration could easily fit it, whatever the definition may be.
To be quite honest I have a difficult time differentiating “Parole” and “Probation”. I always thought that “Parole” was an early release from incarceration with strict monitoring and guidelines. “Probation” I thought was release from incarceration after serving the assigned time with the individual watched to make sure he/she could re-inter society with no problems, i.e. live a normal life. Did I ever have it wrong. Today, I can not tell anyone what the difference is. Our illustrious governor in Florida wants all who have totally finished their obligations to the ‘justice’ system to wait another 5 years before even applying to have civil rights restored. He wants to make sure the individual can function back in society…to his standards, I guess. I thought that was the purpose of probation. I love this country and I love Florida, but many of our politicians are way off base in exercising their authority. I have been a republican all my life but because of our governor and some of his ‘sidekicks’, I have not and will not donate a penny to the Republican Party until it gets the “life, liberty, and pursuit of happiness” thing straightened out in their minds.
Parole is early release from prison where the offender serves the balance of his sentence as a free man, but with certain rules to follow. If those rules are not followed, the parole can be revoked and the offender returned to prison to serve another portion of or even the balance of the sentence imposed by the court.
Probation is supervision in lieu of incarceration provided rules are followed.
If rules are not followed I do not see alot of difference between parole and probation. Florida’s governor want ex-felons to wait another five years after probation is completed before filing to have rights restored. He wants to make sure they will be good citizens. I thought that was what probation was for. This is my first time to deal with the ‘system’ and I can assure you my last.
The BEST argument would be for the government to stick to what the Constitution actually says, without interpreting it to mean what they wish it meant. Article I, Section 9, Clause 3 of the U.S. Constitution says: “No Bill of Attainder or ex post facto Law shall be passed.” There is no requirement there that the law has to assign punishment in order to be unconstitutional. States have similar restrictions against ex post facto laws. The judges and legislators all swear to uphold the Constitution, but their oaths mean nothing to them.
Gerald, you are correct in your assessment. At times I wonder if any of these judges and legislators have even seen, much less, read the Constitution.
They also take their oaths with their hands on the Bible. Maybe they should open one and read it once in a while.
Come on, Gerald, lets not load them down with too many obligations. For some, taking an oath on the Bible may be the first time they have ever seen one.
You’re right, Captain. I forgot who we are talking about. Besides, reading it is easy. Living by it is too much to expect for people who depend on their own “superior” righteousness.
The last I was aware Bill Cosby owned a large ranch in Montana if he doesn’t go to prison his residence will probably be there so other obligations in Pennsylvania will have little effect on him. He has enough money to take his case to SCOTUS if he has a mind to and handles it right.
Joining f.a.c. money it seems isn’t the problem in my state but it’s so hard to find a good appellate att. That knows the research to fight this Ex Post Facto case am open for such.
That’s another one of my pet peeves, that there are so many attorneys out there who won’t take a case unless it means BIG money for themselves. In Grand Rapids, Michigan this year, a lawyer represented two registered sex offenders challenging the school zone restrictions when the city tried to force them to move. They ended up settling out of court, and the men were not forced to move, but no monetary award. However, the lawyer DID get awarded her attorney fees, which very likely was a nice payday for her. I’m sure the state settled so that there wouldn’t be any precedent on the books for other persecuted offenders to use. Lawyers could make a lot of money in Michigan by taking up cases like this, but they just aren’t trying.
Truth be told Bill Cosby was convicted for sexual acts on one woman but he is being punished for every woman that testified against him saying he sexually assaulted them too that’s where the Violent Sexual Predator designation is coming from
You’re absolutely right and I hope Mr. Cosby wins across the board. All I can say is it’s a shame that if this law is beaten, it took a rich celebrity to do it and that the rights of the average citizen didn’t matter enough for the right thing to be done.
I understand, tho not agree with the “heaping up on” of “allegations” to make him a “Violent Sexual Predator”.
But what if there was no “victim”, the victim & mother refused to testify.
Adjudication withheld.
No victim.
No crime.
One time.
And I get listed as a Violent Sexual Predator?????
ALL of the “tests” that Fla Corrections gave me, all of the therapy that I took that said that I am no more of a Sex Pred than a pet rock.
Where does that come into play.??
(Jimmy Rice & Adam Walsh hysteria)
In Florida one is declared a predator by legal definition, not by actual acts. My offense in Virginia was not declared the act of a predator. I moved to Florida, committed no offense, and was declared a predator. Go figure!
is anyone from this group or another RC groups providing legal support and to his lawyer?
His lawyer is focused on his criminal case. We focus on post-conviction registration consequences.