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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The Sex Offender Registry Failed Them: 21 students sue 6 gyms in 7 states
https://www.npr.org/2023/01/24/1135145304/ex-students-file-12-sex-abuse-lawsuits-against-6-cheerleading-gyms-in-7-states
I know FAC resources are spread thin. And I don’t know what it takes to make websites or web pages. But maybe the FAC site should have a specific section for “The Registry Failed Them” posts. We can all contribute to the posts when we see news reports such as the ones posted here. Then a yearly report could be made about about the registry doesn’t work.
I’ve been doing that informally since last summer. I create a bookmark in my browser each time I see a news article regarding sex offenses or Amber alerts. I just wanted to get an idea as to the number of recidivist vs first time offenses there are. My intention is to have some evidence for later use in legislative discussions.
I’ve not done a deep dive into the marked articles so these are only my impressions. I don’t recall news articles about an SO reoffending. It is a sure bet that would be extremely prominent. The same can be said for stranger abductions. Amber alerts seem to be due to some non-custodial relative taking the child.
FAC does an awful lot on a thin budget and even thinner volunteer resources. To do it right would require developing some categorization scheme to produce meaningful statistics. That will take a lot of work. I’ve not done that and have only anecdotal impressions. It is a great idea to chronicle news articles. However a list is merely a list. Data and information are not the same things.
Yes this is great news, hopefully this ruining will have a positive view in the draconian Florida courts. Maybe even helping us get rid of this lifetime registry requirements one day.
The question i have is this, if California is successful which I hope they really really are, what does Florida gain? Were a lifetime state so no one would be forced to reregister like in California where one is eligible to be removed upon a certain amount of time so they can claim injury. I can see other states that offer registrants a path off also suing in this class action lawsuit and maybe being successful, so do you think even though Florida is a lifetime state this ruling could benefit us? I know every ruling no matter how small is beneficial to us
I ‘m just trying to see what this could mean big picture?
Eugene, it’s a good thought and nice sentiment, but this ruling is only persuasive. But that is not why this ruling will not set a president. In Florida you have to get passed the Republican legislature first and then past DeSantis next. Any ruling from a fed judge will just be met with a red wave of new laws being created. Florida holds the champion trophy for ignorance and stupidity when it comes to turning a blind eye to the US Constitution, and their own Florida Constitution.
Well, I’m to the point where I realize I have nothing to lose. It’s where I relax and say I’m going all out, with the expectation of nothing happening. I’ve forewent a career, family, a home, or any stability or illusion of stabitlity in order to fight this throughout the years. I’m officially broke. I ‘ve developed several mental illnesses as a result of this registry. I thought life was a dream, not real, because how could it be real if something like this was allowed to happen to me and everyone else. But it is real, and I’m not in a dream. This happened, and yes, people are that desperate to keep us down.
I have ptsd from being tortured by the governemnt under the guise of safety. I am deemed disabled but i have never been allowed recognition of why. Its been over a decade at this point and i can only question whetehr any of this is real. The educated just blindly repeat whatever they see hear on tv social media etc. There is no critical thought within the general population they have been conditioned to just react.
Suck it up an move forward. There as been people on this registry for more then 28 years already who have taken a lot of additional punishment wrongfully. We battle this injustice everyday at some point we will have justice in our favor. Don’t lose faith. We started out with 1172 people placed retroactively to almost a million in 28 years. These laws were not made to curb offenses. It was a big stepping stone by making any kinda registry constitutional.
Allan
I have been on it since Florida adopted it. Applied retroactively since my crime was nearly a decade before it was enacted in Florida. I know several on this forum who said they were not on it and were later told they now would have to register.
With them calling it civil, they are doing everything they can to put anyone still alive on it no matter when your crime occurred and a recent comment by someone on FAC stated some that have been released from the registry are being told they may be arrested if they do not register if they travel out of their state. (Prisoners in their own state?) So is that like a jail break by leaving state lines?
Further, I personally know(because of a ministry I follow) of at least two people who died that were on the registry still. Although upon a recent search, one of them is no longer on the list anymore but his DOC record is still showing.
I was placed on it retroactive also by the state of NJ where Megans Law started. I didn’t run from it, I fought to get the best outcome I could with being made an example of. Had I not fought, I wouldn’t have a leg to stand on today fighting LCSO and FDLE. I know I have 100% winning case against them but I will not forget to fight for all the people who have been wronged by these unjust laws today. When they give no ability to be removed off the registry with public notification on all levels might be where they should look for a loophole in unconstitutional laws. With that being said, I must also say I can’t fight against her law. Megan Nicole Kanka this child lost her life at just 7 years old from a monster authorities knew was going to do it again. That is why they catered to the mother. I know people who were in his ADTC group with him. We are being punished for their crimes not just his. ADTC was a treatment center as they call it. I thought treatment means that it is a sickness. Now Governor DeSantis wants to make it punishable by death? Now I have a problem with this…
Many years ago when Florida classified people Offender or Predator I asked where was my due process? I was told there is no due process. There is 2 process for an act, Criminal and Civil. They did way with needing to take Offenders to Civil court because they didn’t make it retroactive.
Allan
England did something similar to their convicts by sending them off to an island where they expected them to die I suppose. Instead they banned together and created a new country which now thrives. (Sorry to the Indigenous people)
My point is, England thought these people could not change and were worthless and sent them off to hopefully die. Instead they worked together (Over many decades) to start a colonly of cooperation.
Some great people come from there too. I have a meeting being setup right now so we shall see where it goes. 24 years on the public registry wrongfully. I mean it’s hard being on it I know, but to be placed on it when your not to be is another thing. Heads are gonna roll when they find out that I was screamed at about it when I tried to show her what 1993 Civil Due Process Judgement said they refused to honor. Can’t enforce Constitutional Law – unconstotutionally.
The Florida registry failed again.
https://www.clickorlando.com/news/local/2023/01/23/brevard-county-teacher-arrested-after-trying-to-lure-child-for-sex-deputies-say/
And this case is different, though we do not know any facts than what the dishonest, cop-loving media shills tell us. It’s different because there’s a real kid, who got freaked out, and reported it to authorities, and then cops should have had the kid contact and make arrangements (not sure if it was done this way — doubt it, cops like to have their fun). All opposed to trolling for someone, approaching the adult, hinting or crossing the line to mention sex, then claiming the adult did it all and they just happen to be there to see it all unfold.
Norman
Your comment reminded me of something that happened here locally last week . A person probably a woman called 911 and made a report. She said “ a strange looking dangerous looking person rang her doorbell. She didn’t answer it. But watched to see what he was doing. He then walked around back of her house . He had what appeared to be a large ice pick in his hand. She doesn’t know what he’s doing. “
Next she tells the operator “ I’m now locked myself in the bathroom and am scared for my life , please send help immediately. “.
Come to find out it was a utility worker that needed to check her meter in back. Just goes to show the mind set of many people today. Anything in anyway that appears out of normal they immediately jump to conclusions that a grave crime is being committed. They look at everyone they see and immediately suspect they are evil and out to harm someone. They relate their worst fears to law enforcement and they appear with guns a blazing ready to be a hero. This is the world we live in. No wonder the US constitution is being trampled on ,on a daily basis with no respect for people’s rights or the constitution.
If you’re on the registry you are automatically a predator and a pedophile. If someone just sees you they run the other direction and call cops no matter what you’re doing if they don’t know ahead of time otherwise. The registry imposes unrealistic fear and suspicion on the public . With politicians and media continually using it to further their personal ambitions . Till it is stopped it will continue to get worse.
This is Brevard, where sex offenders supposedly can’t get within 1,000’ of school property, and yet a student was lured FROM WITHIN THE SCHOOL.
https://nypost.com/2023/01/23/janitor-accused-of-threatening-to-cut-student-into-pieces/amp/ And sometimes it doesn’t have to be sexual same county, for instance this dude threaten to cut a couple kids up on school grounds where the hell is list for this?
This was also in Brevard! A direct threat to children from the center of a county-designated Child Safety Zone.
Might I add, what SORNA “attempts” to prevent, is also impossible. This law doesn’t do the public thinks it does.
This sounds great! Seems like at least one judge is starting to see what we’ve been talking about for years. However, I’d like to know what, if any, would be the impact for here in Florida. I know it’s not a binding ruling but will that help in future litigation?