@ED

To your point, the “Civil” registry, if you even accidently violate the Simplest of rules, you can go to prison for a long time. Failing to register an email address you may have forgotten about could cause you to be arrested.
That arrest then triggers the sex offender act of 1812 (Being silly here) but in all seriousness, ANY misstep of our registry requirements could land any of us in a pot of hot water that could send us to prison for longer than what we served for our actual original crimes.
We are NOT on probation (Many of us), yet we are being treated like we are. In fact, I had less rules when I was on probation than I have now, as a supposed free man. And I am sorry, but I have been before numerous judges and for the most part, when it comes to the registry, for the most part, the judges hear from us, “Blah blaaa, blaw”.

Ed, you said, “…….a requirement to register–a civil matter, …….”. This is exactly my point.

While these legislatures continue to try to make us all believe that registration is a part of the civil process, it carries a criminal penalty for FTR.

This isn’t conducive to following the Constitution.

One cannot have a “Civil Process”, that attaches a, “Criminal Penalty”, to it.

A violation of a civil process is a fine. A violation to a criminal offense is a sentence of jail or probation, still under the control of the Court.

No person should EVER be sent to jail, whether a misdemeanor or felony, for a violation of a civil process.

If Governments could speak of the back alley lie’s and the ill-ethical way some or most of these registry ruses are done their would be more horse sh@@it to sling. Remember there’s ethical principals in everything. Authorities have gone to far on this registry issue.

I may hold my peace on a pardon but the truth is better than a pardon and authorities are just as much at fault with their gun-ho conning approach. And I do believe they had a decent law at one time in America but its wide open today and law enforcement should enforce all these porno sites on the internet. Even authorities are on probation if you think about it. Are authorities inducing evil in many ways of trickery.

We have to remember the difference between a requirement to register–a civil matter– and a failure to register, which constitutes a felony. Speed limits may be a civil regulatory measure, but excessive speed can be a misdemeanor or a felony in many states.

The question we are considering here is which court, civil or criminal, has the jurisdiction to handle a petition for relief from the registration requirement. A failure to register will always go to a criminal court. Anyone could file a single-page pro se petition in civil court asking to be relieved from the registry requirement. Even if the petition is frivolous and likely to be denied, the jurisdictional line would be drawn. It would be interesting to see how courts in different states rule.

The Catherine Cutler Institute is run by the University of Southern Maine.

USM was the school where I held the Art Protest when USM took down three paintings from an on-campus art exhibit because they were painted by a Registered Person.

This report is not just poorly written. They use degrading terms like “child rapist” and “child predator.” if you look at a naughty pic of a teen online you’re a “child predator” going by their definition.

This is a lousy report from a crappy school that freaked out over paintings from a Registrant.

Nothing we do or say is going to change the minds of some judges. That is why some states have wins and others do not. 50 different states and 50 different registry rules. Then throw in Federal rules/laws and not even the judges sometimes know how to interpret the jumbled mess of laws, rules, and regulations.

All ideas from everyone are worth listening to. To say just let the lawyers take care of it cannot be used as a blanket statement. We are more likely to get off individually than to take down the registry as a whole. As many of us know, the registry is about funding, power and control.

The hard part about defeating the registry in court is not, making the right argument (the lawyers fighting for us already are familiar with the arguments). It’s proving them. That’s one reason that most of our FAC legal donations go towards expert witness fees and deposition costs.

We know that the entire registry scheme is punitive. Its defenders say, not necessarily, as the registry can also promote public safety, they say. Which is nonsense, but can we prove in court that it’s nonsense?

Notice how the cases that have gone best for us lately (MT Supreme Court, PA trial court, Federal 6th Circuit) employed conventional legal arguments but also (crucially) proved them. It doesn’t always work (consider McGuire) but it’s our best shot.

It also begs the question, that if the registries are civil in nature, then how can a judge impose criminal sanctions and punishment for someone who fails to comply?

There cannot be criminal penalties imposed on a civil infraction, and there cannot be laws created that make FTR a felony, if the registry itself is civil in nature.

This insanity has to end.

@Archie

Anyone can use my idea. I was brainstorming one day while doing laundry in my garage and thought of that. Why is this case being heard in Criminal court when they say the registry is not punitive in nature.

I was hoping when I posed that question that someone from F.A.C or a lawyer would pick up on that and run with it. I can’t do that because I graduated from 7th grade three times with honors LOL And I am broker than a 3 wheeled mustang.

We are in Osceola and the PO has told us that it’s only while on probation.