A Federal Judge Says the DOJ’s Sex Offender Registration Rules Violate Due Process by Requiring the Impossible
The U.S. Department of Justice has threatened to prosecute people for failing to register even when their state no longer requires nor allows them to do so.
According to Reason.com, “Someone who fails to meet these requirements and travels outside his state can be charged with a federal crime punishable by up to 10 years in prison. At trial, the defendant has the burden of proving that he was unable to register as required by the federal Sex Offender Registration and Notification Act (SORNA).”
A federal judge in California has ruled that this violates the constitutional right to due process.
U.S. District Judge Jesus G. Bernal wrote, the Justice Department “has done exactly what is forbidden by the Constitution: ‘to declare an individual guilty or presumptively guilty of a crime.’” Bernal continues, saying that the Department of Justice “subverts the procedural safeguards deeply rooted in our history and constitutional framework.”
The Alliance for Constitutional Sex Offense Laws (ACSOL) joined this lawsuit. Thank you, Janice Bellucci.
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It is so fresh and divine when a judge looks past our history and looks TO the law. Very few judges would go out on a limb and stick up for the law when it comes to sex offenses. Some get around that by continuing to remand cases back to a lower court.
I know the supreme court has more cases to hear than they could ever get to in a lifetime, and they have to pick and choose. But the fact you have a million citizens nationwide who have completed their sentences decades ago, but are being treated for life like a group of lepers who have no chance of healing.
Let us hope and pray for more judges like this who actually believe in justice, not just when it meets their agendas.
I meant to say and many have completed their sentences not all of them
I think they missed the part where justice and mercy are supposed to go hand in hand.
Not surprising, really, with the hysteria surrounding registered citizens. Here in VA, a subcomte on Friday advanced 7-0 out of subcomte HB 1687, which retroactively places on the registry those who were convicted of a sex crime between 1970 and 1994, regardless of whether or not they have completed their time and “debt of society.” The reason? As its patron, Del. Brewer said, one of her elderly constituents was victim of a home invasion and rape at the hands of a sex offender convicted 20+ years before, and the public “needs to know.” So, everyone else needs to be punished, too, apparently. I wonder where ACSOL, WAR, or NARSOL on that? Absent. I was the lone voice speaking in opposition, and the pro-punishment chairman called me out by my conviction in this public forum.
They have already passed out of comte another bill which requires anyone convicted of a sex offense to undergo mandatory STD testing. I’ll wager it includes those who committed no-contact offenses, such as those caught in stings with fictitious personae the police craft when they pursue people online. A bill making its way through the democratic controlled Seante appropriations comte, SB 853, would supplement by $2.5 million annually the Southern Va ICAC group if the spcial fund set up for them fails to deliver. Again, where are the great “National” organizations on this? Utterly derelict of duty and absent.
Maybe those groups don’t know about the legislation, have you brought it to their attention?
Maybe they don’t have the resources to fight. What are you doing to stop it?
Can’t expect everyone else to do all your fighting. This is not just directed at you, it’s a reminder for everyone reading this. Don’t complain, fight.
I’m working on a big fight right now. As there are a couple Expose Facto cases going I’m working on a Double-Jeopardy case that is set to start here soon. They don’t know what is coming. I’m trying to hook up with a few others in Lee County that have been here for more then 5 years who dealt with a specific Sgt.
Norman stood alone before the legislature, speaking out against bad legislation at his own expense.
Thank you for standing up and making your voice heard. The utter stupidity in these bills is mind boggling and shows these people really are not fit to hold office and make decisions on any subject matter.
I don’t know if you reached out to the organizations you mentioned and asked if they would send a letter. Or what, if any, organization like this you have in Virginia, but it would impossible for them to know otherwise I would think.
FAC focuses on Florida. All these organizations are volunteers and do remarkable work considering the limited resources. Perhaps they would cross over to send a letter on the behalf of VA, I don’t know, but what I do know is we are lucky to have the leaders in FAC that we do as well as the other organizations. Perhaps you can reach out to them and see how you and your advocacy can fit in with starting a group in Virginia or learn to help improve what group you may have there in VA. But please do not call these endlessly hard working people derelict of any duty. Not a good look.
I would say the most urgent thing for Norman is determine where the bill is in the VA Senate. If not yet out of committee, slow its momentum by contacting his own state senator about it. And send an alert to other members of NARSOL’s Virginia affiliate to do the same. Virginia state senators may not be aware that there is opposition. Get it killed before it gets out of Committee. And if it has another House committee to go through, same.
There are some ways national organizations may be able to assist, but when it comes to state legislation, it must be state constituents that must do the heavy lifting. A state senator won’t care about (and may be annoyed by) the opinion of a national organization, but they’re more likely to take note of constituents.
At least that’s how FAC handles it in FL. Notice that FL has had no new bad registration laws for the past four consecutive seasons. That’s due partly to the hard work of JZ and our Legislative Committee and the many in-state members who support these efforts. With luck we will one day have a better presence in Tallahassee.
MP, I have tried to form a group in VA. I am not new to advocacy and organizing, though hardly expert. But for those who all ready have platforms, who solicit donations, and provide little more than soothing words and a “Resources” page, and who are most equipped to get in the game, and who have salaries, are not volunteers. If you are running a national organization, like so many “justice” organizations are, you need to look at what these stings registry are doing and get in the game. I have seen none little action outside of a few of us, and no aggressive stance when it counts the most.
Norman is right to be frustrated. NARSOL’s website states that they have an affiliated organization in Virginia. Did they offer Norman any sort of support in his fight against this bill?
Norman
This was only allowed to happen because the registry keeps being ruled “Not punishment”. We are all basically on probation if you think about it. Going to the registry office 2 to 4 times a year is like going to the check in with you P.O. (And more trips if you have changes)
I will spare you and others the long list of probation like sanctions we have as we ALL live it everyday.
Yes that started back in 1994 with NJ Megans Law being Civil not Criminal. Here is a good link to see the Constitutional Litigation http://www.megannicolekankafoundation.org/nj_court_challenges.htm
I like that his name is “Jesus”
I like that he is Hispanic. In which the name ” Jesus ” is very common upon.
David
First off, yes we could say W.W.J.D and it still be proper related to the judge.
Second, I like that you have a Bible name as well 🙂
Can’t the DOJ use resources fighting real crime and leave us alone.
Why are they making this a lifetime sentence?
Some of us are in fact innocent. Others did something they regret but it was a single incident which they have more than learned from the experience and pose zero threat to anyone!
In America 🇺🇸 it’s always been once you pay you debt to society you are given a second chance.
This treatment is inhumane PERIOD
I totally have made the same points. It’s about punishment, pain, Hating, self-loathing too. Facts di not matter, but we must gather and show up, fight, show who we really are, and rise above rampant Puritanism.
Are you in Va as I am?
Norman I’m in Virginia in the Shenandoah Blue Ridge area. And if a Federal Judge says its a Violation that can be understood in many ways. Sure one could talk about the Five spheres of Government, the Puritian laws, or those without sin in high places, or wickeness of government. Now Virginia is a Commonwealth State and what makes it different from any other state.
Nothing at all. One either fights for freedom or is freedom handed to one on a silver platter. For Civil rights, Moral Rights, Ones individual Rights, or ones true Justice in this whole registry scheme. We are all in this together or who in government is vain and blind in their understandings.
Governments should take note from this federal Judge as many on the registry are sick and tired of this mousetrap game of true liberty and Justice for all.
Lee
Second chance? Well let us see, I know one guy who had a murder charge and was released after his sentence. He then did a home invasion and went to prison. Released and robbed someone. The list is really long so won’t drag it out but I have lists of people who have been in and out of prison numerous times, and get a 2nd, 3rd, 4th ………chance after chance.
And we who have proven ourselves over the years, (32 years for me) that we are not a threat. But they just do not give a @%$#.
Of course they is anyone involved in the registry, implementation, enforcement, sentencing etc. etc.
Cherokee second chances are always good. Sure I will admit that the sex registry issue is a sensitive issue but so is murder, drugs and a few more things but authority ranks sex it seems at the top of their checks and balance understandings so who ways the understandings of a choke hold? Many never even touched a teenager.
Many have to applaud that judge out in California for his wisdom and understanding. If government doesn’t have a good checks and balance than they might as well be Roman’s.
Maybe the registry may be eradicated soon. Let’s hope! I’m sure there’s quite a few of us who shouldn’t be on there. Law enforcement is wasting their time as well as our tax dollars.
I’ve been on it from day one back in October 31, 1994 in N.J. You will hear about me soon enough. I’ve been in Lee County since 1998 when they put a tier 1 on public record. They are just starting to understand Due Process.
I’m glad this federal judge put the feds in check mate for unconstitutional abuses. Sure wish mine did.
If only this went somewhere.
Quite a significant win for the community! Sure, the injunction (in effect) is limited to enforcement of the new Rule in California, but it certainly provides support for similar filings in all districts across the States and Territories. Well reasoned.
And who knows, maybe enough Justices will soon retake “Non-delegation” and ban delegations of authority to Federal agencies to create new criminal penalties as in SORNA.
Oremus indeed!
Duh!, any idiot should have known that when the system was set up.