Is the Tide Turning Against Public Sex Offender Registries?
On June 8, the American Law Institute, arguably the most prestigious non-governmental law reform organization in the country, concluded its national meeting.
One of its agenda items was to have its thousands of elected members—top federal appeals judges among them, who enjoy lifetime appointments after being confirmed by the United States Senate—vote on a draft of the revised chapter of the Model Penal Code for sex crimes. The Model Penal Code, first codified in 1962, helps guide legislation as well as interpretative decisions by courts.
ALI’s membership voted to approve the most recent draft, which included seismic proposed changes to state sex offender registries.
Perhaps most importantly, the approved draft states that these registries should be limited to law enforcement access for law enforcement purposes, as is the case in virtually every other country besides the US.
Currently, the identifies of people registered as having committed sex crimes can be searched on public online databases, along with a slew of other data including their home addresses. The rationale for this has been that it enables parents to make informed decisions about who their children can interact with. But it also means that exile, extortion and vigilante violence are often perpetrated against people with such convictions, and even their family members.
Today, Supreme Court jurisprudence still holds that public registries of this kind are not “punishment,” though lower courts are growing more skeptical.
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Two years, probation. Ruined my 40’s, Destroyed my 50’s, turned my 60’s into hell with America dont give a dawmn
FAC you just may be 100% right on that. In fact the very word they used against me was the word “Action” or how many people are naked today. I would say everyone that doesn’t have any wisdom and understanding myself included. See the bible says who know’s the thoughts and intent of a person in this show and tell text con game ruse.
There use to be a game show on TV way back when called. “To tell the truth” now the bible says we all lie. Are their differences in lying? Are their differences in swearing and false swearing? Why do you think they took the bible out of the courtroom? or do they still have a bible in the courtrooms today in some remote cyberspace, or do you promise to tell the truth the whole truth. Who is judging fairly or rightly or doing a miscariage of justice.
So if actions’ speak louder than words than who’s in denial. I’m in denial because I did not sign that paper saying I was talking to a teenager and I’m sure everybody goes thru the same process. That paper that if you signed it signs your life and rights away. And yes their are other methods they use such as the violations and being home at a certain time, things of that nature. I even wonder if they still have bed checks today.
Talk about Hogan’s Hero’s or who’s piecing all this together to make wsome sense out of this lame type of justice for many or how many people are guilty for running a caution light or red light.
Once a debt is paid the punishment should end and restoration begin. What is to be gained from punishing someone for life if that someone has taken corrective act, paid the price, and is trying to regain respectability in the community? These registries also punish families. Where is the sense in all of this? What am I thinking? These registries are not punishment. Of course that assumes that sense is in many of the laws in our nation today. I see now that anyone 6 years and younger cannot be arrested. I’m amazed they even had to pass such a law. If a parent or a school official can’t handle a 6-year old then this nation is more screwed up than I can ever imagine.
CO Appeals court Justice Webb once opined, in the appeals court case which the CO Supreme Court just ruled on about repeat minor offenders and their lifetime registration, people who see the registry need to be able to draw their own risk assessment about those on it.
Using a scientific term with a non-scientific and ignorant populace who would not know how to draw up and execute a risk assessment other than by observation. I once thought my neighbor was a risk to do something stupid because he was an ass, but I could not base that on anything substantial a court would regard as valid.
Registries need to be stricken altogether.
When you do a back ground check a person’s arrest record is a part of that. So to say people who do background checks won’t know is BS. Not to mention you can go to any Clerk of The Court and enter a person’s name and see their record. For free.
Second this comment. Criminal background checks are not difficult. Even a law enforcement only special “list” is redundant. Trying to argue that the registry itself is not added punishment is an outdated argument considering all the additional conditions that go along with being on the list since it’s inception.
Background checks by land lords will still occur. But having no public registry will take public pressure off land lords when renting to people with criminal records. Abolishing the public registry is an obvious first step. The next step is to abolish strict liability and require judges to consider intent and mens rea.
Mark
Out of the long list of punishment arguments we have, not being able to live in certain places is for sure a biggie. Most don’t do background checks and even if they do, might over look if you are not on registry. More pressure on owner when others can just look at the internet and go beserk when they find out someone on the registry just moved in.
Supposed to be for public safety but just admitted, the publics safety is more important than our in their opinions (They worded it different but exactly what it means if you read it.
Housing is almost as essential as food. If it was not for my parents when I got released, I would have ended up in the woods.
Even without the registry, you’ll still come up with a felony when a landlord does a background check. I’m 100% against this crap of landlords worrying more about your past criminal record than worrying about if you’re able to pay the rent based on the credit check and previous residence check they do.
This is a first world country ffs! Why are we contributing to homelessness!? This is something that should be challenging in court for ALL people with a background, not just those on the registry.
Maestro
I had several renters who told me if it wasn’t for the registry, they would have rented to me as no one is going to take the time to go down to the court house, look you up then complain to me for renting to you.
But, with the registry, anyone with a phone can type in your address and get an entire page about you and your crimes if you are on the registry. Not sure how not being able to find housing because of that is not punishment?
I told that to a judge once and she said “There are half way houses you can go to”. I replied ” No maam, they do NOT take us in”. She then dismissed my concerns and told me to work it out with my attorney,she had other cases to hear.
Basically she was telling me “I don’t care where you go but you got to get out of my courtroom, NEXT case please”.
We can only hope. I still expect to see FL County Sheriff Departments to foster laws like residency, driver license, and other restrictions. Shackleton made it out of Antarctica alive, and I intend to survive Florida.