Bad Decision out of 6th Circuit – SORNA obligations continue beyond state obligations
Yesterday, The 6th Circuit issued a disappointing opinion, holding that a sex offender’s obligations under SORNA is independent of any duties under state law. In other words, even if someone’s obligations to register under STATE law have been terminated, if they are still subject to registration under FEDERAL law, they must continue to register.
This creates a confusion, since there is no “Federal Registry” to register with, only the state. As for Florida, since our requirements go so above and beyond the requirements under SORNA (we call it SORNA on steriods) this has no current impact.
It’s time the Federal Government came in and created a uniform registry with uniform standards, or better yet, it’s time the Supreme Court abolished this mess altogether.
Willman v United States – 6th Cir
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” It’s time the Federal Government came in and created a uniform registry with uniform standards, or better yet, it’s time the Supreme Court abolished this mess altogether. ”
I’m hoping for the latter more so than the former.
When Trump is reelected we should ALL ask him to repeal anyone who has been registering for at least 10 yearts to be able to STOP.
Dont assume Trump is going to win. Putting politics aside, no president will care about this issue.
Trump is promoting QAnon, the extreme right wing conspiracy theory that revives the previously debunked Satanic panics of the 1980s; he also signed FESTA/ SOSTA which was sold under the guise of stopping “sex trafficking.” On the other side, Joe Biden helped pass many of the federal laws from Megan’s law on to the AWA.
Whoever wins , we will lose.
Yes Derek, we hear you on that. But obviously sex “trafficking” vs what many of us were convicted of are two totally different issues. It’s like convicting a cocaine USER as a drug “trafficker”. They’re not the same. Trafficking involves making some kind of living/income/profit from the deed. I agree that no president will abolish the registry as it would bring about even more enemies than they’d already have. But since he’s doing all this “reform”, perhaps he can have some kind of influence over reforming the registry to people who are habitual with breaking laws regarding sex. One timers should not be on for 10 yrs or life. He could also influence the states to actually do evaluations to determine if we f*cked up vs meaning true harm.
Did you see the RNC last night? The woman who Trump pardoned that was serving LIFE for drug charges? When you have the bible thumping conservative right talking about “God” and second chances, you’ve got to use that right back at them the same way you gotta use the “ no discrimination” idea right back at the liberals. There is hypocrisy from both parties and always has been. But I think if we pulled the correct heart strings of the “like Christ” crowd, we’d stand a better chance.
Just because I’m an atheist doesn’t mean I have forgotten the stories in the bible. And “Jesus” was accused and convicted and executed no different than the witch hunt they have out for us. People see a news story of someone just being arrested for something and in the public’s eye, that arrest means “guilt”. Remind them that Jesus was ACCUSED also.
We can’t just sit back and NOT at least try. Especially with Mike Pence being a holy roller. Get to him, also.
Anti-“sex trafficking” laws frequently are anti-prostitution laws that are passed under the guise of stopping sex trafficking.
Laura Book proposed an anti-“sex trafficking” law a year or two ago that would have created a public registry of johns who were convicted of having sex with consenting adult prostitutes. The bill actually passed one of the 2 legislative chambers, but thankfully didn’t quite become law. I forget if the bill was rejected by the other chamber, or if the legislative session expired before they could vote on it.
So does this decision, by the 6th circuit effect Does v Snyder when the 6th Circuit already found that Does v Snyder did in fact violate the ex pos fact clause, and that the 2006 and 2011 amendments could no longer be applied to pre-2006 and 2011 registrants like myself,. Scotus basically agreed with the 6th circuit when SCOTUS denied cert.
I have read through this several times knowing all too well the pains of both federal and Florida (lifetime) registry requirements for myself. The RC in this case is being given a gift of sorts because the 6th Circuit delineates his affirmative defenses for noncompliance with federal registry law since he is no longer required to register under Michigan law. That is, he can’t go to a FBI field office or any other federal LE office to comply with federal registry law because there is no process for him to register at a federal agency. He has that as an affirmative defense.
It isn’t punishment even though it looks and feels like a punishment.
You still are bound to register even when you are not bound to register.
What more do you expect from a country that drives on parkways and parks in driveways?
What is wrong with his lawyer who made constitutional arguments without seeming to consider precedent?
We did not make that mistake in Does, but lawyers like this keep making the Does lawyers’ job harder, don’t they?
And it looks like he selected a family member as his lawyer?