The Wisconsin Supreme Court says a judge wasn’t required to tell a man he would face a lifetime of GPS monitoring upon pleading guilty to child sex crimes because such monitoring is a public safety measure, not a form of punishment.
A Wisconsin judge wasn’t required to tell a man he would face a lifetime of GPS monitoring upon pleading guilty to child sex crimes because such monitoring is a public safety measure, not a form of punishment, the state Supreme Court ruled Friday.
The court concluded in a rare 7-0 decision that monitoring is designed to protect the public rather than punish the offender further.
“(Lifetime monitoring) provides a middle ground between releasing dangerous sex offenders into the public wholly unsupervised and civil commitment,” Justice Michael Gableman wrote in the ruling. “In light of the ‘frightening and high’ rate of recidivism for sex offenders, the relatively minimal intrusion of lifetime GPS tracking … is not excessive in relation to protecting the public.”
This makes me wonder if the federal judge in the Broward County Circuit explained the registration requirements to me when I pled guilty to one count of possession of child pornography in 2001. I’m going to look back at the transcripts if I still have them to find out. I just remember that after he gave me 5 years probation rather than prison time, I went to my first probation officer who told me I had to go and register. I didn’t know anything about that until right then. And I still didn’t realize it was for life until later. And oh, did I mention that the feds took one and a half years to get around to charging me? They told my attorney 3 times that they had bigger fish to fry. But they were also using me as their key witness in a fraud case against a former employer. I didn’t help them like they had hoped, and that case fell apart. So they had to teach me a lesson! And boy, did they!
https://www.nytimes.com/2017/03/06/us/politics/supreme-court-repeat-sex-offenders.html
A good article talking about how the “frightening and high” quote ended up in a US Supreme Court decision. Leaves other judges free to quote it as fact, without having to prove it themselves. Very sad.
For those of us either on the registry, or have a loved one or family member on the registry, can we please stop the attempt to divide those on the registry into groups that deserve the “punishment” afforded to all and those who don’t.
The well established and well researched and empirically obtained statistics shows without a doubt that ALL but a miniscule number of those on the registry have very LOW rates of recidivism regardless of whether the crime included a child as a victim, a real child not a digital image of a child, or a real adult. I read comments relating how “non-serious” registrants shouldn’t be included on the registry. This is a bunch of bull crap in my opinion.
Yes, there are the true pyscho/sociopaths who will never change and should probably never be release into society and I believe there are tools that can identify these rare individuals. However, these individuals are extremely few in number and genuine statistical facts show that men/women who sexually abuse others, whether children or adults, do go on to live offense-free lives after they are released from incarceration.
So, enough of this inner division into ranks of who should gain relief from the nightmare of the registry, residency restrictions, travel limitations and placement of an eternal scarlet letter upon “certain” individuals simply because it could prove expedient for your own unique position in the hierarchy of the sex offense levels ( i.e. those who believe they shouldn’t be on the registry because “they ain’t no REAL sex offender” ).
Sorna is wrong for ALL, we should fight this battle as an integral unit. Let’s stand firm, learn the facts and gird ourselves with the armor of truth. That’s the best thing we have going for us, the truth of statistical evidence that we, as a whole, are NOT a continued threat to society. Lets pray, lets continue to educate ourselves and others — lets expose the lies of those who would love to divide and conquer us and show all those around us that we, each of us, have an uncommon amount of courage and resiliency within to take the blows but yet continue to get up and fight back.
agreed
George In Texas – thank you for saying so eloquently what I have tried to say SO many times!
When will they see Frightening and High are lies does anyone point this out before judges deliberate the court clerks need to be flooded with data so they can inform theses judges that these laws are based on incomplete and misinformation
This decision is in direct conflict with the 4th Amendment.
In fact, SCOTUS has already dealt with a case similar to this from South Carolina I believe. That case had gps monitoring on a vehicle or something to that effect. I’ll see if i can find the case #.
Don’t most judges have interns or aids to help the judges with making decisions. by giving wrong info about each case making bias decisions.
we know that this is about money. and we have a good idea who they are. now what do we do about it. Americans have to step-up. I will say I was told by my public defender that he had 50 cases in front of me and don’t expect anything special from him. I did 10 1/2 years probation no
prison time and I had to fight for myself. I had 20 years on paper went on my own to get early termination and got it. i’am registered under
predator status. I have proof of my innocence but I have been told I can’t use it because I took a plea deal. so I keep reading and hoping a day will come this nightmare will end. maybe a day will come justice will prevail for all rso’s. stop the registry!!!!!!!!!!!!!!!!!
What it’s going to take is a truth in sexual recividism statistics law. Why? Because, as we all know, there are many rearrests made for various reasons that are not sexual but are counnted as recividism.
I’m gonna play devils advocate here and it probably won’t be appreciated, but I do believe it needs to be said. When I was on probation here in the “lovely” state of Florida, I too was required to wear an ankle monitor and carry around that beeper sized GPS device that they pair with it.
I hated every minute of it. I was ashamed to wear sandals without socks for fear someone would see that bulging black cord wrapped around my ankle.
I resorted to wearing long dark colored socks and sweat pants most of the times, rarely being seen in public with shorts on. I resent the fact that Florida lumps all offenders into the same category regardless of the crime committed, however that’s the way it is and will be until clearer minds prevail.
But I digress. My reason for commenting here is about a lifetime GPS for a violent predator. While I do not agree that anyone should have to endure this horrendous humiliation forever, I do believe that we as a group ought not even get into entertaining an argument over this at the moment. Perhaps our energies would be well spent working on fixing the fixable problems with the registry and the GPS system in place for less serious risk offenders.
I’m a firm believer that we can chip away at this heinous law little by little if we approach it by attacking the least fearful elements of the registry. If we do this we will eventually crack this system open and hopefully at that point it will collapse on itself.
I’m not sure if I’m explaining myself well and forgive me if I’m not.
I, like all of you, wish to see the registry and SORNA go the way of the dodo bird, but like all things in life, I believe change will only happen a little at a time.
I get your point, and am torn between the 2 positions. Registries should not exist for anybody but the public at large assumes everybody on a registry is dangerous and out of control. We know the vast majority do not meet the public’s perception of a sex offender. In order to combat the public’s love affair with registries I do agree that chipping away might be more effective. I think more stories of minor offenses that come with a life sentence can help the public start to question the fear mongering of legislatures. Most of the public will never accept that the “worst of the worst” deserves not to be on public registries, but I think most can agree that far too many minor offenses are on them. If we have a track record of reducing the types of crimes placed on registries it might gain traction. Just my 2cents.
You are strong and I commend you for shat you have fndured and gotten through. That is our cause, the ‘one size fits all’ mentality. If you were going to a doctor for medicine they wouldn’t just throw a medicine at every single person but they would dispense the medicine according to whatever the person needed. The law should function the same way I If you were going to a doctor for medicine they wouldn’t just throw a medicine at every single person but they would dispense the medicine according to whatever the person needed. The law should function the same way. I just don’t know where to start on it it’s such a huge issue but I wish I could make a change don’t know where to start on it it’s such a huge issue but I wish I could make a change.
This is insane. All RSO are treated the same regardless of the crime. Why does one size fit all? Many of these people are NOT harmful, just made a poor decision when they were younger and dated underage girls. This is insane that these people have to have a lifetime GPS!!! Frighting and high? This is a fiction and biased report from 1986 that has since been called out and not true. Look up the facts people on this report.
I can’t belive that judges still rely on false and outdated info…ummmm…yes I can…
“In light of the ‘frightening and high’ rate of recidivism for sex offenders, the relatively minimal intrusion of lifetime GPS tracking … is not excessive in relation to protecting the public.”
What can we do???
None of them care because it doesn’t affect them directly. The lies about the high rates of recidivism will never be corrected because the people in power don’t want it. Period. They will never correct themselves.
We disagree – several courts have cited the false recidivism rates.
If several Court’s have citied the false recidivims rates, please post or repost. I rely on the information supplied from this group rather than “fake news” media. And I don’t have ready access to court rulings. Much appreciated.
Hi Bill, its not that the judges do not care, the reason is, if they side with the sex offender they fear the backlash/strong and negative reaction by a large number of people will be heading their way. Anyone in any office and in any court that favors leniency of any sort for sex offenders fears the backlash that will no doubt follow. Anyone in their right mind knows that all these sex offender laws/registry’s are punishments and go blatantly against the US constitution.
Bruce,
Thanks for your input. But I think you miss a salient fact: federal judges, including Supreme Court Justices, are appointed for LIFE. So, they are not susceptible to replacement by voters. Just as SCOTUS establishes binding decisions for lower court’s to follow, so do federal appellate court’s and federal district courts. So, when a higher court such as the Wisconsin Supreme Court establishes binding precendet, the lower state Court’s MUST follow those decisions. If crap flows down hill, just as it has from SCOTUS and now the Wisconsin Supreme Court, then we all suffer from that load of crap because we are all at the bottom. I’d love to live in a real where the highest court in the land is willing to admit it’s wrong, but in reality that’s just not what we have. I don’t mean to rain on anyone’s parade, but I don’t envision the higher courts changing their minds and in essence changing public policy.
The only problem with the higher courts is that when they rule in favor of RSO’s none of the lower courts or politicians pay any attention to them or they drag their feet as long as they can…an ordinance is unconstitutional in one county/state and in the next door county/state a similar ordinance is still enforced awaiting for as long as politicians can to have the court come down on ‘them’. We see it all the time around the country.
You are right on, Bruce. Politics! That’s why people have to pursue their appeals all the way to the federal level. Federal judges are appointed for life. They don’t have to worry about the next election.
Okay!
Then put GPS on everyone! It’s not a form of punishment.
If GPS tracking of a human is not a form of punishment, then also the act of cutting it off should not be either.
‘Relatively minimal intrusion’ – what complete bullshit. Let these judges wear those devices for a month before they vote again.
This is terrifying absolutely terrifying…….
You are shackled literally and physically. Tagged like an animal for life? How is that not punishment?
Again with the ‘ frightening and high’ B.S.????? REALLY??? Clearly the Wisconsin Supreme Court doesn’t know how to read the statistics from the DOJ., or any other reports or stats. ( maybe they forgot their glasses, or blind in one eye and can’t see out of the other.)
Now its too late, The decision is unfortunately already made. Stupid politics with a ‘hot potato’ issue that politicians don’t want to touch because they want to be the relected.
I hope this man has the determination to appeal the decision to the federal courts. Too many give up too soon. Offenders are charged a daily fee for those gps monitors. Mine that I wore for 2 years while on parole here in Michigan cost about $4,800 per year. Fines are certainly classifies as punishment, and this is a lifetime fine. In the Doe v Snyder Michigan case the federal courts agreed with what we already know, that the sex offender registries are punitive, plain and simple.
Another weak-kneed and brain dead judge (Gableman) quoting that OLD and denounced (and withdrawn by its own author) statement about “frightening and high.”
The better question is, how much more liberty and freedoms will the American people sacrifice for the sake of more “safety?” Do they really think the government cares about making the general public safer from “fake boogeymen” (i.e. lurking stangers, terrorists, and other dangers that statistically have a low chance of happening)? No. They won’t stop until they have total control over every aspect of our lives. That is the bigger picture here. And the state Supreme Courts and the US S.C. all support it, as you can see. We’ve lost our country that our forefathers gave us folks. The sooner you admit this to yourself, the better off you’ll be and the sooner you can do something about it. Trying to change things peacefully in the courts doesn’t really look like it’s going to go to the average American citizen’s advantage, but rather, whatever the judges and lawmakers decide they want for you and me. Just sayin.
**Telling someone they have to have a monitor for life for the sake of public safety……..sheesh…..yeah, I’m sure that’s what the Stasi told the European Jews. “Here, we need you to wear this yellow star of David on your clothes everywhere you go so the general public can be safer. You want people to be safe around you don’t you?” Unbelievable. R.I.P. America: 1776-present day
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.
Benjamin Franklin is the only founding father to have signed all four of the key documents establishing the U.S.: the Declaration of Independence (1776), the Treaty of Alliance with France (1778), the Treaty of Paris establishing peace with Great Britain (1783) and the U.S. Constitution (1787).
https://www.history.com/topics/american-revolution/benjamin-franklin
Ben would die of sorrow if he could see what has happened to the paradise he helped to create. I hope this case is appealed to SCOTUS.
Agree 100% thank you.
I get more confused everyday about recidivism rates 4 prior sex offenders. Can it be that the sex offenders in Wisconsin are the only ones in the United States that reoffend or recommit sex offenses? Where do these judges get their statistics that shows a high recidivism rate in their state. I noticed that they do not quote any study 2 bolster their claim of higher reoffending by sex offenders!!! Is there not a definitive study showing the numbers ?
What utter bullshit! Tell you what…have that judge Michael Gableman wear one and then ask him 15 years later if that was not punishment!
Add to that the bold faced LIE “Justice Michael Gableman wrote in the ruling. “In light of the ‘frightening and high’ rate of recidivism for sex offenders, the relatively minimal intrusion of lifetime GPS tracking … is not excessive in relation to protecting the public.”
If you are going to be a judge then you really should have your facts correct and not just use hearsay as the basis for making choices that effect countless others.
This is the sort of incompetent judge that should be removed from his position.
My son wore one for dating a minor, she was17. He was 22. The PO kicked him out of our home, we paid over $6k on hotels cuz she wouldnt let him stay in most cities, Im still paying this Visa bill. Point is, not a punishment??? His ankle was RAW and constantly bleeding from the ‘braclet’. These judges and PO officers should have to wear one for a week.
He was homeless in hotels for 2 months until some kind person took a “chance on him” as a roommate in his apartment. Still they left that bracelet on him until the PO thought ‘he was settled in’. It was on for 3 months!
I cannot imagine having to wear that for life, very very unfair.
Oh no, not another ignorant determination utilizing the “frightening and high rate of recidivism” excuse. When are these judges going to get an education on this subject before they continue to ruin lives and families? I have a a GPS monitor on me…for saying ‘good morning’ to a neighbor’s son with both his and his parent’s approval, but the ‘disapproval’ of a nosy neighbor…for over nine years and the nerves in both of my ankles have been damaged. The monitor has not been on my right ankle for about four years and I can still feel it as though it was there. I can’t go swimming or scuba diving because of GPS and I occasionally get awaken in the middle of the night to go outside to reestablish contact. I can’t even go to parts of my home without having to carry the ‘mini-brick’ with me. Don’t tell me it’s not punishment.
I am so sorry for your situation.
What’s it going to take to kill this “frightening and high” lie?
The US Supreme Court to hear another SO case.
Studies have shown that 9 out of 10 judges are mentally unbalanced.
I was told by someone my friend knew who read that in some magazine somewhere so it must be true. From now on this is the official statistic – everyone agree?
Let’s not question the number or source but just use it as a FACT!
For one thing from here on out the Supreme Court is not going to hear any cases. They are going to leave them all to the individual States. To drag all out and keep the confusion.while not having to commit themself one way or the other.