Why is the Registry Punishment?
I can’t believe that we are still having to answer this common sense question. Isn’t it obvious?
Apparently to the judges of the 10th Circuit Court of Appeals, who recently overturned a lower court’s decision that the registry was cruel and unusual punishment, it’s not so clear. Neither was it clear to the judge in the Southern District of Florida who felt that forcing people into homelessness due to Miami-Dade county’s harsh residency restrictions isn’t punishment either. Incredible given that two of the original defendants on that case had died homeless on the streets of Miami by the time the Court heard the case. How is this possible?
Well what is common sense to us isn’t necessarily common sense to a judge. We must remember that judges, like all of us, live in their own world, socialize with their own friends and exist in their own preconceived notions about society, crime and the law. In other words, they have no clue what’s it like to live one day in our shoes. If, just for a week, one judge could have his name, photo and information listed on the Florida Sex Offender Registry, make him go out and find a job, a place to live while raising two kids or try to find a partner to spend life with, then have him come back and make the decision as to whether or not the registry is punishment. Wouldn’t that be glorious?
Residency restrictions, going to our kid’s schools, having a shot at keeping a job, finding a place to live, going to church, all of these things can continue to be denied us because our presence on the registry isn’t punishment. This is hogwash. You know it but the Court’s don’t see it because apparently we have yet to make our case crystal clear.
In an effort to do that we want to compile a list describing in detail the punitive effects on a registrant, their family, friends, employers and others in their lives, experienced living a lawful everyday life. Please include your experience in the comments below. Be specific and we will compile your comments for a “master list” of the punitive effects of the registry. Also remember that this is specific to our presence on the registry, not the criminal conviction itself nor any hardships as a result of probation requirements. PLEASE only list events that happened to you, not commentary.
Judges don’t know what they don’t know, so we have to tell them. We look forward to your comments.
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
I lost a job in Canada were the list is not available. When my employer saw me on the list in Florida guess what, even though Canada doesn’t even count my adjudication witheld charge as a crime at all I was still let go. Imagine that.
Warg
Sorry to hear about your job. Hopefully the out-of-state challenge will happen soon.
I am facing unemployment becaus our company is closing down. I have applied for numerous jobs and the potential future employers are excited because of the vast experience I bring to them. As soon as they do a background check, they respectfully pull their offer; two companies toild me it was because of the registry. I am not a felon, the judge witheld adjudication. But I am on the Florida registry. So I might become unemployed in 6 weeks because of the Florida registry, where I would already be employed if I wasn’t on it.
This has happened to me numerous times as well and I also am not a felon because the judge in my case also withheld adjudication. I feel your pain, and hopefully one day this state will come to its senses and stop continuing to punish us and trying to define us by our past mistake.
During a criminal back round check, your conviction of a sex offense, regardless if adjudication was withheld, is public record despite the registry.
In other words, its not the registry that’s hurting your employment opportunities, rather the public record of conviction. The only way to conceal this conviction, regardless if adjudication was withheld, is through expungement
CMC
Not true,
I worked at a place that did not do background checks. Was there for 11 years until someone who knew about my past hung registry photos and info of me all over the store for customers to see. That was my last day there. I never lied about my past it was never asked of me on the application.
SO YES, the registry can in fact be the reason you cannot get, have or hold onto a job. Customers are not going to do a background check on you but they may live in your area and have seen you on the Nazi hit list.
So just to be clear, I was PUNISHED for doing nothing but being on the registry. That is punitive damage.
Just to be clear, I committed, plead guilty to, was convict of, and punished for 1 count of sexual battery upon a minor under the age of 12. For doing so I’m required to register as a sexual predator. being classified as such I’m no fan or supporter of the registry. I strongly believe its true intent and purpose is to “PUNISH” through public humiliation and shaming under the guise of protecting the public safety. Personally the embarrassment has at times been so extreme it would be a lie to say I never thought of suicide.
I’m a realist. The registry battle had been fought and lost. As far as the Supreme Court is concerned a conviction of a felony is public information and the mere distribution of such public information is NOT punishment.
There are other battles to fight: Classifying someone a predator based solely upon a conviction without additional due process, declaring the citizenry doesn’t have a right to choose their place of residency, voiding legal contracts (Plea agreements) negotiated with defendants regarding registry requirements and duration, in person requirements to report changes in the toilet paper etc, Address verification visits by law enforcement violating our “Right to be let alone”. Restrictive internet and other social media access laws with the intent to suppress our right of association and freedom of speech.
Its a cold night on the streets of Miami tonight.
My wife works with a man who is on the registry. Someone at her work found out and posted his mug shot in the cafeteria. The owner found out and called the entire office into the cafeteria. He said that he doesn’t know who did it, but if he finds out he will fire them. He also said if anything like this happends again, he will fire each person involved.
This is not typical by any stretch of the imagination, but it’s nice to know that not everyone sees the registry as proof of guilt, or that you are a bad person. My current employer knows I’m on the registry, and supports me as an employee.
The last company that I applied for a job with made an offer and then did a background check. They immediately withdrew their offer and told me it was because I was on the registry (I am not a felon). So yes, the registry is a form of punishment.
Not true!! I have no felony on my record. My offense was a misdemeanor. My background check came back clean for any felonies.
I’m in a state that has several tiers/levels and I am not publicly listed. If I want to move to a state where I’d like to live and purchase a home, I CANNOT do that because I will be placed on a public registry there and anyone looking up my name will assume I’m a repeat monster despite having a single internet possession offense. Also it’s none of their damn business what mistake I made years ago.
My life is on hold because Lawmakers, who need to show they’re doing something heroic with taxpayer money, have decided arbitrarily that the public needs to be able to track you and have all details on you. I mean, How Stupid is this?
Purely a SHAMING list nothing more.
Law enforcement already has databases to search for anyone with a sex offense if needed. These outdated laws are absolute bullsh*t, serving no real purpose.
I visited my parents for a week over 10 years ago while on probation in my home state. I’ve never lived in Florida. They added to me their registry list. I’m from out of state and even though I’m no longer required to register in my home state (for over 10 years now) the Florida registry has kept me from getting a job. I had a job offer rescinded after first being offered he job from a large corporation in my home state because of the Florida registration. I certainly would have never visited if I knew this ahead of time. They didn’t let me know this would happen that they changed the law. I had visited in previous years with no issue while also on probation. The actual crime is over 30 years old now.
This case will help you.
BT2020
That makes me think of a song I listened to back when I was a kid by George Jones. It talks about doing time but all of us on the registry are basically doing time.
One verse goes ” Still doin’ time
In a honky tonk prison
Still doin’ time
Where a man ain’t forgiven” .
Also I looked up the definition of punishment in Webster’s dictionary Punishment : the infliction or imposition of a penalty as retribution for an offense.
Although there may be numerous interpretations of what punishment is, the word “Penalty” in the definition needs to be examined.
Penalty: a punishment imposed for breaking a law, rule, or contract.
HUMMMMMMM
CherokeeJack
Very interesting! Also you might look up the definition of doxxing and laws against it. I made some quotes a few weeks ago from research I did but FAC didn’t paste it.
DavidM
Yeah about every 10th post or so from me doesn’t make it on here either. I think it depends on who is approving comments that day. Some that make it I can’t believe made it on and others that are award winning Dossiers never see the light of day.
I do recall seeing a post from someone on here about doxxing. Did you ever go back and look? Sometimes I see a post show up that I posted a week earlier.
All, we’ve been deleting posts that express political opinions. Last month, in a weekly update, we reminded members “Just remember, whether in posts, comments on our website or in these weekly updates, we need to keep opinions on religion, politics and certain other controversial topics out of the discussion.”
Punishment an penalty are administered at the time of conviction not years later by another state that has no jurisdiction in this case. If you’re going to post please make some logical sense.
BT2020
Your reply is confusing???? I am making our case and you are bashing me for it? Interesting. If we fight amongst ourselves, the other side has already won. Sad.
I think you may need to Re-read what I wrote. I was basically saying why the registry is punishment by using the definition of punishment and penalty.
Like when the legislators enact a “Law” requiring those convicted of a qualifying sex offense, regardless if adjudication is withheld, to register and the offender doesn’t, he faces a punishment?
Although the requirement to register is triggered by a conviction the punishment imposed is for failing to register as required and does not point back to the original penalty. This is way this statutory scheme is considered “CIVIL”.
Now if the “penalty imposed” pointed back to the original offense/penalty; that is to say: A person who violates this section and whose conviction under s.794.011, s.800.04, s.827.071, or s. 847.071 was classified as a felony of the first degree or higher COMMITS A FELONY of the third degree, punishable as provided in s. 775.082 or s. 775.083.
or A person who violates this section and whose conviction under s.794.011, s.800.04, s.827.071, or s. 847.071 was classified as felony of the second or third degree COMMITS A MISDEMEANOR of the first degree, punishable as provided in s. 775.082 or s.775.083
this would make the statue “CRIMINAL” because the punishment imposed for violating this statute is dependent upon the penalty impose by the original offense.
In other words, anyone who violates the requirement to register faces a third degree felony, regardless of the punishment imposed for the original offense.
Tongue twister
Its Simple, If you were today to say the felons could not vote now. They agreed to it previously ( then the law change ). But it you were to take it away from them now, the courts would overturn it so fast and say it punishment. But not us
I can’t go see my mom and dad because of this because they have my little girl and the law is hard to deal with