His harshest punishment is a lifetime on the sex offender registry.
“His harshest punishment is a lifetime on the sex offender registry”
Wait a minute… did someone say the sex offender registry is “the harshest punishment”?
Yes, someone did! San Francisco Gate writer Debra Saunders said so in an opinion piece on why Brock Turner, the Stanford University student only got three years for sexually assaulting another student. She opined, that judges might be handing out lower prison sentences because they realize that being on the sex offender registry is the harshest punishment of all. “His earning power is diminished because he won’t be able to get most professional licenses. He’ll be on the same database as pedophiles.” she pointed out.
But wait another minute… didn’t the US Supreme Court say the registry wasn’t punishment in 2003’s Smith v. Doe?
How can it go from not being punishment at all in 2003 to the “harshest punishment” (her words not mine) in 2016?
Could it be that subsequent to the 2003 SCOTUS decision, States had;
– put the registry online and made it publicly accessible; and
– imposed restrictions on where registrants can live; and
– imposed restrictions on where registrants can go; and
– imposed restrictions on what registrants can do for a living; and
– imposed restrictions on internet use ; and
– increased the duration of this “non-punishment” to life sentences; and
– increased the number of “offenses” that qualify for this “non punishment”; and
– increased sanctions for violating this “non-punishment” to felony jail time; and
– increased amount of information required to report IN PERSON; and
– impeded international travel; and
– over 100 other “non-punishments” that go along with registration?
We think so, but apparently the Supreme Court doesn’t.
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All that is needed is a good case to make it’s way before the Supreme Court so that they can overturn it that ridiculous decision. But in quoting our weekly email apparently “litigation is always a last resort.” I dare say for most of us, that litigation is our ONLY resort, therefore our FIRST resort. How else is anyone going to find relief. Is the Legislature about to say, “Nevermind, Our bad?” The Supreme Court often changes its mind and will certainly do when asked about the punitive nature of the these laws, no 13 years later. But they will only do so via a case. FAC is gold. The work is priceless. But I do fear, at times, that many people are under the impression that the work you all are doing is such that we don’t need to actively involve ourselves in our own cases and it’s subtle phrases like ‘litigation is always a last resort” that may be perpetuating that. Relief is possible. I am a living example of it. But it only comes with all of us being actively involved with FAC working on the State Level, with lawmakers, working big cases, etc. but without each of us actively pursuing our own cases it only delays what we all so desperately deserve and need. Thank you all, hang in there, start finding out how to begin challenging your case! Peace.
rpsabq,
can you please explain “Relief is possible. I am a living example of it.”
Thanks