The Michigan GOP Accidentally Told the Truth About the Sex Offender Registry
Every so often, a politician says the quiet part out loud. This week, Michigan Republicans did exactly that. While crowing about their latest culture-war gimmick — the so-called “Anticorruption of Public Morals Act” — Rep. Josh Schriver proudly declared that anyone who distributes pornography should be thrown on the sex offender registry. In his words, this is a tool to “defend children” and “safeguard our communities.” In plain English: punishment.
That’s the word courts have twisted themselves into knots for decades to avoid. In 2003, the U.S. Supreme Court ruled in Smith v. Doe that registries are not punishment, just “civil, regulatory measures.” That fiction gave states a blank check to apply them retroactively without violating the Constitution’s ban on ex post facto laws. But ask anyone who’s actually been branded for life with this scarlet letter. The registry wrecks your career, bars you from housing, subjects you to police harassment, and makes you a pariah in your own community. If that’s not punishment, what is?
Now even lawmakers are admitting what registrants have known all along. Schriver doesn’t call it a public-safety tool. He doesn’t pretend it’s regulatory housekeeping. He says outright it’s a cudgel, a weapon to destroy lives. In their rush to score points against their chosen villains of the week — pornographers, trans people, protestors — Michigan Republicans have blown up the legal cover story. If the registry is punishment, then the entire edifice collapses. Retroactive application is unconstitutional. Lifetime branding without individualized hearings violates due process. The whole system, built on the Supreme Court’s mealy-mouthed denial, stands exposed as a constitutional fraud. This isn’t just about porn. It’s about power. Legislators have learned that the registry is a handy tool of social control. Today it’s sex offenders. Tomorrow it’s political dissidents, journalists, or anyone who offends the majority.
Once you accept the premise that a government list can be used as punishment without trial or proportionality, the door to tyranny is wide open. Michigan Republicans may think they’re being clever. In reality, they’ve detonated the very rationale that keeps the registry alive in its current form. By calling it punishment, they’ve admitted the truth — and in doing so, they’ve handed future litigants the constitutional ammunition they need. If there is any justice left in our courts, this admission should force a reckoning. The registry cannot be both a civil regulation and a punitive weapon. Michigan’s own lawmakers have just proven it is the latter. And that means the registry, as we know it, is unconstitutional.
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A registr is needed but also it must be utilized for the hardened sexual predators and not for someone caught up in a time incident.
No, Sir, Mr. D, there is no need for a register. If the person you are alluding to exists and is out in the public square, then they must have passed the state’s medical muster to be released or else they’d be in civil commitment to serve their punishment due to state approved medical reasons.
Very true! There is no need of a public registry. If the medical authorities saw fit to release someone onto the streets, then they certainly do not need supervision.
There is a robust psychiatric system in place that takes the truly dangerous out of prison and hospitalizes them.
That system has been abused. And it is over-vigilant according to many. But doesn’t that just prove my point?
No! The truly sick ones that cannot change get institutionalized. The rest of us passed the psych exam and deserve to be left the hell alone!
When I was on S.O probation I never got a chance to be evaluated due to violating and going to prison. That was almost 20 years ago. I still got out of prison and never once reoffended.
If there is a medical screening process for those scheduled to be on the way out and one passes, then there needs to be NO label on a DL/ID to begin with. Why would the state label one if they are safe to be in public? Seems to be oxymoronic and not one in the name of safety, IMO.
Ts
What is the point of Probation, House arrest, and prison (I got all three) if once you have done your time, you get more time in the form of a lifetime on the registry. It is NOT just a website, it is a physical location called a sheriff’s office where we have to go once, twice or four times a year to re-register for life. And if you have any updates or changes, that triggers more visits to change or add information.
Anything that forces you to do something is punishment. In some circumstances you have a choice, if you do not like your job, you can quite or be fired. On the registry, you have no choice in the matter and in Florida, it is for life as the gift that keeps on giving that nobody in their right mind wants.
And as a bonus, it was retroactively actively applied to many of us after we had already gone to court, made a plea deal etc. Oh, if we could have only had a do over.
The registry was a terrible idea in theory and has been a train wreck in practice. It should be repealed and replaced with nothing.
After that, we ought to set our eyes on reforming the sex laws themselves, some of which would be a disgrace in an Islamic theocracy.
Dennis
As long as the registries continue to get funding, provide jobs and maintain a budget (Which grows every session), sadly, the registry is here to stay. So, our only hope is that some can be removed, especially those of us who were applied retro-actively, without due process.
Why not make everything retro-active. My great grandfather owed taxes on his land, guess the living family needs to pay up or go to jail? Crazy as that sounds, the laws are what the law makers say they are and be damned if we have a say in it.
If it was recorded, it can be used in court.
Agree. Need the quote on the record. Where is that record?
Aren’t there several States that have openly admitted that the registry is punishment?
Also, I don’t see how a republican senator admitting the registry is punishment has any bearing for us.
Wouldn’t it have to be a ruling from a state supreme court to make a legal difference??
No, not necessarily. It is not legislated to be punishment is what the courts say based upon legislative intent. However, if the legislative elected official admits it on the record, whether they know it or not, then it still is a point in the PFR favor because they will know the true intent of the registry based upon what is said. One could surmise the rest of the same party is thinking the same thing…punishment. If it was not punishment or administered as it is, then there would not be the problems we see today.
DVC – Not unless there is a change in Smith v Doe. Florida will fight it tooth and nail and the 11th Circuit will back them up just as hard. Have faith. There are things in the works.
After reading this FAC post, did anyone else have an almost insatiable urge to jump to your feet and start applauding, tears streaming down your face like a huge burden is about to be lifted from the shoulders of a million people?
Or is it just me?
We have had innumerable politicians stating the registry is punishment from various states and politicians. Nothing ever comes of it and using it in court seems futile. Your expectations of the “huge burden” to be lifted is unfounded as it is ignored by the courts. As many judges have stated in trials ” I will NOT be the judge who brings down the Registry, and be hated and threatened. That is not going to happen”. (to that effect)
I’ll see your opinion, and raise you facts.
The claim that “innumerable politicians” have called the registry punishment and that courts simply ignore this is overbroad. In truth, very few lawmakers will say it so bluntly—Josh Schriver in Michigan is an exception, not the rule.
And while the U.S. Supreme Court still clings to the fiction that registries are “civil,” several state and federal courts have already broken ranks: Michigan’s Does v. Snyder, Pennsylvania’s Muniz, Alaska’s and Montana’s high courts all recognized the punitive reality and struck down retroactive provisions. So it isn’t true that “nothing ever comes of it.”
What is true is that judges and politicians alike often dance around the obvious contradiction—pretending registries aren’t punishment when convenient, and brandishing them as punishment when politically useful.
Chuck T >>
Facts are this: U.S. Supreme Court: 3/5/2003 Smith v Doe
If the intention of the legislature was to impose punishment, that ends the inquiry.
Can you produce anything to end this? I can prove it wasn’t to impose a punishment, it was to hide the punishment they imposed.
“‘Only the clearest proof’ will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty,”
How does 100% pure factual proof of what they did “with intent” to hide the criminal penalty legislatively against nearly half of the registry.
The only state that can prove it is New Jersey being the original Megan’s Law and the US Court of Appeals 3rd Circuit Ex Post Facto ruling of Megan’s Law. No other state or Circuit can see it because of Alaska’s US Supreme Court ruling. SCOTUS new this could come out one day. It’s here were just putting the ducks in a row.
Megans Law’s John Doe,
You keep alluding to something. A proverbial card you are holding or some case you have going. So far you have hinted to this but not given any specifics. You write to FAC and to NARSOL suggesting that you are the one who can blow this whole thing wide open, but when asked you’re either unwilling or unable to explain what, specifically, you are talking about. Do you finally wish to explain?
FAC-3 >> I am here, I am Allan a real Megan’s Law John Doe Ex Post Facto out of New Jersey. On July 25th, 1995 being an Ex Post Facto registrant placed on New Jersey’s 10/31/1994 registry known as Megan’s Law I was granted Due Process under U.S. Constitutional Law’s – 14th Amendment. Public notification implicates a privacy interest in non disclosure, and therefore triggers due process. The right to privacy is among the protectible interests which due process protects. The court has suggested that “the right to privacy” is founded in the Fourteenth Amendments concept of personal liberty. I am a July 26th 1995 public notification challenger. Understand, THIS was all stripped out the very next day on July 27th, 1995 with Federal Amendment H.R. 2137 ( Florida’s Megan’s Law ) introduced into the House of Representatives by New Jersey Congressman Dick Zimmer (R) Dis. 12, Mercer County, Hamilton Twp. ( The Kanka’s Congressman ) he stripped out Civil Due Process AND Tier Level 1 – Low Level Non Violent offender classification (15 year register only not for public notification) but he quietly left this classification in the registry calling for a full public registry for “sexually violent offenders”. It’s why no one can see it unless you lived and fought through it from New Jersey and then the Federal 3rd Circuit that was hushed up in Smith v Doe. I am 1 of 39 who have the court ruling credentials (Civil Judgement) IF it was made public record can and does expose it all. Alaska was a bait and switch to hide this. It’s “Termed” a Megan’s Law but like the Federal Amendment it’s 55% Megan’s Law – 100% public registry. I represent the 45% who are being punished.
I’m an actual ex post facto challenger of the public notification known as the first Megan’s Law – New Jersey. This retroactive civil judgement was classified by the court as a Tier Level 1 – Low level non violent offender in late 1995. This information was to be for local law enforcement who may encounter the registrant not for public notification. Florida used this ex post facto civil judgement that placed me on a registry retroactively but refused the retroactive civil judgement making it public notification using the Federal Amendment cited as Megan’s Law for sexually violent offenders. Now someone in Florida Law Enforcement has lied to cover it up so they can enforce Smith v Doe as a regulatory offender scheme that it is not a punishment being on Florida’s public registry.
Ladies and Gentlemen this is OFFENDERGATE – A POLITICAL AND JUDICIAL CONSPIRACY HIDING THE PUNISHMENT OF THE REGISTRY
The United States Supreme Court’s ruling on Smith v Doe (Alaska) wouldn’t show the punishment that was being inflicted against nearly half of today’s registry. New Jersey and the 3rd Circuit can. These Justices knew this severity punishment could come out one day. Here I am in Florida. I’ve spent almost 27 years on Florida’s public registry that is violating a retroactive civil judgement on this ACT. On 12/02/1998 I was placed on Florida’s public registry. For years I told them it’s not to be public record. I’ve been bullied, screamed at, told countless times to move, threatened by Law Enforcement and now someone in Law Enforcement has lied trying to cover it up. They have until October 5th to find this ex post facto civil judgement an acknowledge they were wrong. The burden of persuasion is no longer a court issue for me. The first time it was unconstitutional what do ya think will happen a second time after they have violated this ex post facto civil judgement with a public shaming second punishment on this ACT? The ball is in their court until Oct. 5th.
It is state inflicted punishment under the Ex Post Facto AND Double Jeopardy Clauses of the U.S. Constitution to make my 1992 New Jersey conviction public record. Any state that placed me on a public registry as a sex offender is violating this civil judgement with a public shaming punishment. It’s all 100% verifiable my conviction records were seal by a court ruling on this ACT.
I can file a civil lawsuit wait 1-3 years or more settle out of court an be done with it. The judge would do what they do best an put a gag order on me and the attorney never to be exposed. Does FAC or NARSOL want that? I am your best bet to any form of a severity punishment challenge with SCOTUS.
The registry is my Kingdom. I am royalty second heir to the Throne. DO YOU UNDERSTAND THAT? I’m not here to destroy the kingdom, I’m here to make it stronger for us and better for all people in the future.
Alaska was before 9/13/1994 Federal Law and New Jersey was right after. Both made ex post facto. As a public notification challenger, I see and will expose the punishment with the Federal Third Circuit ruling they tried to hide with Alaska. I have the proof a copy of the May 6th memo that specifically shows that on May 7th, 1996 people in U.S. Congress knew that this Federal Amendment H.R. 2137 would be inflicting a public shaming punishment against 45% of the registrants in any State using this Amendment when they voted and passed it unanimously. SCOTUS – “‘Only the clearest proof’ will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty,” Here is the proof of what they did “with intent” to hide the criminal penalty legislatively against nearly half of today’s registry or more.
Florida is using the Federal Amendment. H.R. 2137 May 17, 1996 “cited as” Megan’s Law for a full public registry like Alaska. Florida is not a retroactive / ex post facto state but they use other states ex post facto civil judgements refusing to honor these judgements with using H.R. 2137 Federal Amendment and Smith v Doe to justify it’s not a punishment being on a public registry. Worst part is FAC’s own Attorney can’t see it. That’s what’s “scary” and or how deep this is.
There is a lot more on my shoulders most people do not understand. It is not my time when to expose it all publicly. This isn’t just Florida, this is Nationwide with other states who use this Federal Amendment for a full public registry. Even ALASKA will have issues because of it. On October 6th, this can all go public, I want every State and Federal Legislator in this country to see what was done against us hiding the public shaming punishment against nearly half of the registry for the last 28 years. How many would 45% be in Florida? 35,000+
I’m now going to tell you what started it. Someone found me in the summer of 2022. We did not know all that I’ve uncovered, but this person knew a lot more about me then what is there on Florida’s public registry. I’m from Somerset County, New Jersey. The prosecutor in 1992 extorted money from me for a reduced plea agreement. This was actually a setup. I’m BlackMark J22 I was a part of a team who was gathering evidence against Nick Bissell. There are things here that is what has stopped me from coming forward opening up a can of worms to this day. It was safer to stay on the public registry then expose all of this. 3 that I know of are dead now. This Amendment, it’s Dick Zimmer who did it, but there are others behind it. Now the facts have lead us in a very different direction then we first thought. It was Isaac Wright Jr. book “Marked for Life” that was due out in a few months is what this person was digging with.
You are referring to a civil judgment issued by a court in New Jersey?
Not sure that would be binding on the State of Florida. Law enforcement here is required to go by 943.0435 F.S., versions of which have been upheld in this circuit more recently than the cases you cite.
Jacob>> Thank you. I want challenge feedback. This is something to look into.
If this is the case then what good is our 14th Amendment? That due process is what gave me this Tier Level 1 court ruled ex post facto civil Judgement. That’s like saying the state that placed me on the registry ex post facto can’t make it public record under a court sealed order but another state can use this ex post facto civil judgement placing it on a public registry when the judgement was not for public notification? It would be considered a second punishment on the ACT? I like those odds..
I have not found any challenges that were ex post facto from New Jersey that shows the severity levels of Megans Law. I have Megan’s Law 3rd Circuit Ex Post Facto ruling that is diamond strong the 11th Circuit couldn’t ignore. It’s the first Megan’s Law ex post facto with severity classification of the registry. Tier 1 2 and 3. The 11th Circuit is not our friend but they know the severity challenge is coming one day.
What we want to do is expose Tier Level 1 is missing from the registry that is where the public shaming punishment of Megan’s Law is. You can try to beat them in a court of law for the next 10 years or we can expose the punishment against us being the victims. Now their problem will be they put them together who is a level 1 offender (45%) and who is a Level 2 offender (50%)
E.B. V Verniero Ruling – Aug. 20th, 1997
https://caselaw.findlaw.com/court/us-3rd-circuit/1246264.html
We have before us challenges to the constitutionality of the notification requirements of New Jersey’s Megan’s Law based on the Ex Post Facto, Double Jeopardy, and Due Process Clauses of the United States Constitution. The issues before us are difficult but relatively narrow. We are not called upon to decide whether Megan’s Law can constitutionally be applied to one who has committed one of the designated sex crimes after its enactment. Nor, of course, is it our responsibility to determine whether the policy judgments reflected in Megan’s Law are prudent ones.
We hold that (1) the notification requirements of Megan’s Law do not constitute state inflicted “punishment” on Tier 2 and Tier 3 registrants for purposes of the Ex Post Facto and Double Jeopardy Clauses; (2) the Due Process Clause of the United States Constitution forecloses New Jersey from placing the burden of persuasion on the registrant in a proceeding challenging a Tier 2 or Tier 3 classification and notification plan; and (3) the Due Process Clause requires the state at such a proceeding to shoulder the burden of justifying the classification and notification plan by clear and convincing evidence.
If I was a Tier 2 or 3 I wouldn’t have a leg to stand on being on a public registry. I’m a Tier Level 1. My ex post facto conviction records were sealed by the court from a public registry.
You will see the retroactive stats and date is a key factor. This proves that 45% of the retroactive were Tier Level 1 not going to be public when they passed Federal H.R. 2137 for “sexually violent offenders” being a full public registry like Alaska is. It’s the dates and steps when it was all done and hidden.
Administrative Office of the Courts reports that, as of “May 6, 1996”, there were 528 registrants designated as Tier 1; 585 as Tier 2; and 59 as Tier 3; or 45 percent, 50 percent, and 5 percent, respectively, of all classified registrants. According to the county prosecutors, as of May 16, 1996, notification was completed for 135 out of the 644 individuals classified to Tier 2 or Tier 3. Administrative Office information also indicates that of the 117 registrants who pursued their notification challenges to a resolution, 62 had their tier levels affirmed. Fifty-two challenges resulted in changed tier classifications and 13 resulted in modification of the scope of notification.
Of the 117 challengers 45% were able to have their classification reduced by the court. 75% of those were saved from public notification. I’m one of those thirty nine.
This is Florida’s Megan’s Law – It’s for sexually violent offenders – Tier 2 and 3
https://www.congress.gov/bill/104th-congress/house-bill/2137/text/eh
At the bottom is the date.
You are citing to cases and law that predate 2006’s SORNA (which was deemed retroactive) and 2003’s Smith v Doe. Are you able to cite to any binding precedent that deems SORNA unconstitutional as applied to Tier I offenders? how about a SCOTUS case that overturned Smith v. Doe?
Also, you write on the bottom “This is Florida’s Megan’s Law” but then give a link to Federal Law.
I think you are confused and don’t want readers of our forum to become similarly confused.
Jacob>> Thinking about it, It must be binding, they are using it to place me on their registry. What your thinking is they can use it to place me on their public registry but don’t have to honor the judgement? That’s a breach of civil judgement disobeying a court order inflicting a second punishment on the ACT. This civil judgement is just a good as any binding contract can get. It is something as valuable as gold. There were only 117 who have a court ruled civil judgement and 39 of us with it not for public notification. No one else has this judgement because it’s New Jersey Ex Post Facto.
They can’t use it then pick out the not for public notification part of it to put it on a public registry. Law enforcement can’t change court judgements because they have made a new law since this judgement that say they can.
This would be like saying New Jersey law says 5 years but Florida is 10. Does that give Florida the right to put him in prison for another 5 years?
Just a side note: This started in Dec. 1998, 3 years before SCOTUS ruling of Smith v Doe. FDLE hit me with that ruling and is now saying I established residency in 2006. Where is the Civil Judgement paperwork I turned in back in 1998? I caught them in a big fat lie trying to cover it up.
But in Florida, registration is required by statute.
Judges, even in-state ones, don’t have the discretion to waive registration where it’s required under 943.0435 F.S. Nor do law enforcement officers.
Not fighting the registration, it’s the public notification part against low level offenders we now can. That’s where the double punishment of the registry is. To get technical Florida’s registry is just for sexually violent offenders as it is a 100% public registry. Dick Zimmer on the Federal public notification part cited as Megan’s Law just so happened to have quietly left low level non violent people forced to register on a registry that has full public notification developed for sexually violent offenders. That is what we show them. It was big numbers 45% retroactive when it covered up and was passed it’s huge numbers today. 35,000 people in Florida alone.
There is a difference. The registry is the JWA 9/13/1994 where as the public notification is the Megan’s Law Amendment against sexually violent offenders on 5/17/1996 attached to the JWA
It’s this Federal Amendment we attack. ALL OF US. That is where the punishment of the registry is in. It’s like fighting fire with fire. They cite it as Megan’s Law, well I’m Megan’s Law. I don’t want to be removed now, I want them to see it for themselves.
State an local courts will side with states 99% of the time. “Can’t Beat City Hall” it’s the Fed’s who are the only one’s who can change it. These are the people we need to put out in the spotlight with this. Show them what was done get their ear get their reactions. Show them what they are doing today against us thinking we are all violent offenders. It’s the classifications. Public shaming is the punishment they tried to hide with Alaska against low level offenders for a full public non punitive registry. New Jersey’s information was not mentioned in Smith v Doe that could have or would have exposed this.
They knew 45% were going to be publicly shamed wrongfully with this Federal Amendment and passed it anyway. How many in Congress didn’t know? I’ll bet 99% didn’t or would admit they did seeing this today. Shame them! We are the victims of rage law’s to punish us for a double the size public registry.
I’m willing to put myself out there with this being who I am for everyone today. This alone is going to open up a lot of eyes with it politically very quickly. The haters are gonna go crazy. I need everyone to back me up with this. IF we have a shot to change this around for tomorrow let’s go for it. Let’s pull together and put a plan in place to fight this for all of us. Who is with me? I have some ideas that could help with this with FAC and NARSOL and a few others. You know who I am and where I stand in this. Adding me as a member will make a really big asset do I not? I still have it…
I’m not wanting to fight them in their court’s, I want to fight them in the halls of Congress. I want to expose the legislative intent to hide the criminal penalty of the registry and FIX IT. IF my fixing it for 45% turns into 95% that is their fault…
If you think we don’t have a shot here then “Peace Out” people. I really don’t want to be shot either. I did what God sent me here to do. You don’t know the half of it. The haters will send a message don’t become a hero and shut up. Yeah, that’s not gonna happen. I’ve tried to go away many times but keep getting drawn back. After 26 years what does it matter for me today? It matters to me today for our children of tomorrow. One day there will be no one left who can expose what Congress and the Courts knowingly did against us.
Your statement “To get technical Florida’s registry is just for sexually violent offenders” is not correct. Florida’s registration statute applies to people who are not just sexually violent offenders. To get technical, if you look at 943.0435(1)(h) there is a multi-paragraph definition for who the registry applies to and it is not just for sexually violent offenders.
JWA was replaced by SORNA (AWA) in 2006. With that, SORNA is a floor, not a ceiling and it allows states to pass laws that are more severe (not less) than Federal SORNA.
You also write, “I have some ideas that could help with this with FAC and NARSOL and a few others. You know who I am and where I stand in this. Adding me as a member will make a really big asset do I not? I still have it…”. Well what are your ideas? You have contacted FAC and NARSOL but have not shared your big ideas. You keep hinting at things but you have yet to clearly state what your idea is.
Jacob>> You do understand that 943.0435 F.S. is for people who has been released on or after October 1, 1997. Then enforcing state laws and Federal Laws retroactively with state amendments using other states retroactive civil judgements but denying the judgement itself. There is a very fine line here and they are bending them to the breaking point. If I was convicted after 9/13/1994 or determined a Tier 2 or 3 before that date, I wouldn’t have a case. Tier 1 was stripped out in the Federal Amendment very quietly for a full public registry like Alaska… And now your telling me Florida has addressed a Tier Level 1 classification in this statute you say? can you show me where it is in the statute?
That could become this biggest piece of evidence. You may have found it! If Florida even acknowledged Tier Level 1, they knew the hidden punishment with Alaska and the Federal Amendment being a full public registry. That’s CRAZY!
This could stand up in a Federal Court of law for anyone after 9/13/1994 but not before. The 3rd Circuit made it very clear on the Federal Appeals level of the Ex post facto ruling of Megan’s Law it was not for after the law was passed, it was a ruling made only for before the laws. That is what we have here. Showing Tier 1 is a punishment if made public.
It’s why there is an Ex Post Facto case. How many of these 5 can show this imposed a punishment with a their retroactive civil judgement? Do they even have a civil judgement to produce to the courts? Those ex post facto are from other states from what I was told. Does any of them have an actual retroactive civil judgement that is a Tier Level 1 that they can produce that exposes the punishment? All of this is what I was willing to bring to the table for Val Jonas but was yelled at.
Yes, they have made a bizillion amendments on Ex Post Facto using other states retroactive civil judgments. Understand, I don’t want them to remove me because when it is challenged I want the Judges to see the double jeopardy punishment for themselves. It was screamed at by Sgt. Booth, “I will punish you to the fullest extent of my laws!” YEAH, but it’s not a punishment… I’m shocked I’m not on death row with that woman. Then I get told Florida is it’s own government. Well, ya still have to abide by the U.S. Constitutional Law.
Understand that the registry is civil not criminal as it is informative not punitive. Not if, but when we show the punishment a lot will change.
I’ve had 3 Florida Attorney’s verify that Florida used Federal Megan’s Law H.R. 2137 – 5/17/1996 Amendment to enforce a full public registry. This is where Tier 1 classification and Due Process was stripped out quietly. SCOTUS wouldn’t see it with Alaska because Megan’s Law is out of New Jersey 10/31/1994. The New Jersey 1st Constitutional ruling is here. https://law.justia.com/cases/new-jersey/supreme-court/1995/a-170-94-opn.html
Yes, it’s New Jersey and the 3rd Circuit and were in Florida and the 11th Circuit. But it shows the civil punishment from one into the other…
That is why Florida addressed Tier 1 because many other states still have a lower level not for public notification classification Florida does not. This conviction is before 9/13/1994 not after. BIG DIFFERENCE. It’s called the 14th Amendment of Due Process (Liberty) difference. Like it was said to me, look at how they word it. I had a criminal Attorney look at the beginning of this an he said I have a real good case find a good civil Attorney they are out there.
I’m not looking at Florida statue because we know it’s punitive, I’m looking farther ahead into the Federal side to prove it. FDLE hit me with these statues and state court rulings and court cases and then they pulled out SCOTUS Smith v Doe ruling on me several years ago. They didn’t know who I actually am with Megan’s Law because someone “lost” the first 7 years of my paperwork here… I wonder why? If they had the paperwork they would have also noticed something else.
Here is another unconstitutional thing that came out of MI. This retroactive civil judgement was for 15 years not 25 or life. I was able to be removed back in 2010 but was told by Florida Law Enforcement it didn’t matter if I were to get removed up in New Jersey because it is lifetime here in Florida.
943.0435 F.S. also applies to people who have an obligation to register in another state and then move to Florida.
In Florida, public notification is required under 943.0435 F.S., which does not require Federal legislation to enable it. That statute also defines no Tier I.
If you have not been required by 943.0435 to be listed on Florida’s registry, and yet FDLE lists you there anyway, then have you considered a removal petition?
One of the attorneys listed on FAC’s referral page (but not the one you keep mentioning) handles a lot of those for this state.
Also, if you re-read what I wrote about Tier 1, you’ll find unfortunately that I did not say what you think I said— the opposite, in fact.
The way they have me is by ex post facto having to register in another state.
I thought about petitioning to be removed. The issue is if I’m removed so is the proof of punishment of the registry on the Federal level.
The statute also defines no Tier I. Now I understand what you meant. They do not want to acknowledge Tier Level 1 because that will open up a can of worms for them.
I feel for you brother and wish you well but Florida is like the Mafia when it comes to the registry. You have more of a chance to win the Florida Lottery than to be removed from the registry. A few select people have been removed in Florida, but only a handful and most of them were low level offenders, had a good lawyer and an agreeable judge.
It is more likely Putin will stop fighting Ukraine than the Florida registry going away.
Keep being positive and I hope you can prove us wrong and get a win. It took me 2 tries five years apart to even get some of my probation knocked down and that only happened because when I went back, it was a different judge.
Michael Pierce >> Let’s hope. Were all working on it.
They will use the same old, idiotic rationale:
1) Being on the registry is not punishment for violating the new anti-porn law.
2) Peple are on the registry because they have been found guilty of violatiing the new anti-porn law (simply as a civil consequence of the conviction).
Wow! This article in and of itself could be directly used in a pleading! Well worded!