The below video is from the recent argument before the Illinois Supreme Court in People v. Bingham.
Jerome Bingham, who committed a sexual offense more than 30 years ago, was arrested for stealing pallets. As a consequence of his stealing these wooden pallets and a further consequence of a 2012 change in the Illinois law that required anyone with a previous sexual offense, who is subsequently convicted of ANY offense, be added to the registry (even if their sex offense predated the registry).
This is an as-applied challenge, but the arguments are applicable to all of us.
In 1993 I was talked into pleading guilty to a lesser charge of attempt criminal sexual assault…. (Even though there was sexual intercourse and my DNA was found). The alleged victim in 93 had ((accused another man of rape in 92 and recanted her statement. In my case she had stopped cooperating with police)). She was 18. Anyway. My public defender kept the police follow up reports away from me. I wanted to go trial, he didn’t. So he made a plea deal doe me to plae guilty to a add on charge of attempt criminal sexual assault buy force. I took the plea only because I didn’t trust my public defender, and I didn’t have to register as a sex offender because in 1993 attempt criminal sexual assault was not offense that required registration.
In 1996 Illinois added Attempts and retotracted that law which required me to register as a sex offender for 10yrs.
In 2007 I successfully completed the 10yrs sex offender registration.
In 2011 Illinois, who already had a life time sex registration law for repeat Adult victim sex offenses. Some how passed a law to add ex-sex offenders back on the sex offender list for life without recommitting a sex offense?
In 2011 I was covicted on felony retail theft….that not only put me back on the Sex offender registration list….they was so crooked in wording the 2011 law, they said my 1993 conviction now applies to the 2011 law. See, Attempt went from (1) 1993 no registration, to (2) 1996 10 year registration, to (3) 2011 Life Time registration.
And get this not only I’m Iabel just a sex offender now…..I’m label as a a “Sexual Predator” as fake means to describe life time registration. Originally, “Sexual Predator” was and also meant to describe child sex offenders and repeat Adult sex offenders.
Illinois sex offender law is a joke. Not only does the retroactive sex offender laws violates the double jeopardy law; even though they deny it, it also violates Illinois criminal rehabilitation laws.
If a person get their drivers license revoked for a DUI for 5 yrs, and after the 5yrs they’re license is reinstated because they had followed all the rules set up the court. Would it rational to re revoked they license again for a conviction of battery?
Sadly this is the kind of defense you get on a low budget. I’m sure Deborah Nall did the best she could on her budget for this case but until this gets to SCOTUS no justice will come of it. Many times the public is not interested in justice there to greedy and selfish for that . The Constitution is all we have and when government ignores that there is no hope. I think we all know the outcome of this case.
did not seem like defense counsel was well spoken just hope the robes still decide in defendant’s favor
Sadly agree.
I said the same thing, but what caught my attention the most is how few questions there was for the state.
I am curious what every thinks about this, there is a 100+ Federal bench seats being filled and what I’ve heard they are looking to fill these seats with younger judges to shape the court for a long time. Take ideology out of the equation, think this brings hope or the status quo?
Retroactivity is illegal as it pertains to the Constitution of the U.S., no matter if you sprinkle it with sugar or S*&t