Repeal Adam Walsh Act Laws ! ConstitutionalFights.org

November 24, 2009

Sex Offender Ordinance Results in Only One Arrest

abcactionnews.com (Tampa) : Investigation – Sex offender ordinance results in only one arrest.

Video report: Sex Offender Ordinance Ineffective.

Hillsborough County, FL – Hillsborough County’s commissioners created a supposedly tough ordinance that would ban sex offenders and predators from parks and playgrounds. But in the 12 months since the county’s sex offender ordinance has gone into affect, how many arrests has the Sheriff’s Department been able to make?
“We’ve made one,” says Captain Alan Hill of the Hillsborough County Sheriff’s Office

State Representative Richard Glorioso says the problem with Hillsborough County’s ordinance is that it contains so many exceptions, it is operationally ineffective. “Right now that person can be in that park sitting on a bench next to your kids and the officer has no authority to tell them to leave.” (because that is a violation of a citizen’s constitutional rights)

For instance, while it bans sex offenders and predators from parks and playgrounds, there are exceptions for dropping off their own child, or a friend or relatives child. Or while traveling to and from religious services, and to and from official business.

“Right now that person can be in that park sitting on a bench next to your kids and the officer has no authority to tell them to leave.” says Glorioso.

Which is why Representative Glorioso is now introducing a bill that would create a new, tougher statewide law which would close many of the loopholes in the Hillsborough County ordinance. “We do two things. First of all if you a sexual offender or predator on conditional release or probation you will not be allowed in a park, period. If you’re in the registry we create a circle of safety of 300 feet around the children where you cannot loiter,” says Glorioso. However, even under Glorioso’s bill those in the sex offender registry could still visit parks if they stay more than 300 feet away from children.

State Representative Richard Glorioso’s Bills:
CS/HB 77 – Sexual Offenders and Predators (killed in 2009)
HB 119 – Sexual Offenders and Predators (alive for 2010)

If you live in this man’s district, contact him and tell him what you think (he is your servant).

The Plague of Sex Offender Panic

thecypresstimes.com : Of Myths and Monsters: The Plague of Sex Offender Panic.

If we want to address sex crimes in America, we need an honest approach. We need to seriously consider what truly works, not what simply feeds our anger and fear and makes us “feel good.” We forget sex offenders are also human beings, capable of remorse and redemption. We forget how easily we can fall into our own sins, all of which is the same in the eyes of God.

There are ways to address this issue from a realistic standpoint. We may not be able to stop every tragedy from happening, but we prevent much more sexual abuse by looking at the issue honestly. We must put aside our preconceived notions and our emotions and stick with what works. The right knowledge is power. Prevention and education programs do indeed exist, which addresses sexual abuse from a realistic and rational standpoint (such as the Jacob Wetterling Resource Center and Stop It Now!). We need to educate our youth on sexual responsibility and accountability, and not just from a fear mongering perspective. Sex education must include discussions on sex crime laws. We also need to have a balanced and healthy view of sex, meaning we can teach sexual responsibility in a tasteful manner without simply saying, “Don’t have sex or you’ll go to hell or jail.” Remember, we are a culture that needs disclaimers on coffee cups lest we burn our laps. We also need to actually talk about sex; these days when a person is struggling with sexual idolatry, they have almost nowhere to turn. Our society shuns sexual deviancy so much, even mental health professionals who work with sex offenders or deviants are shunned.

Prevention is only part of the solution; proper rehabilitation of the sex offender is a must. Of those who do re-offend, two-thirds of them will do so within the first two years of release. Thus, transitional homes and support networks (such as www.sosen.org) are keys to reducing already low recidivism rates. Social ostracism and denial of services, housing, employment, and support has already proven disastrous for our society; all those approaches achieve is reinforcing faulty belief systems of those struggling with sexual idolatry and giving ample incentive to disobey the law. A Rand Corporation study has shown every dollar spent on prevention and rehabilitation programs save up seven dollars that would otherwise be spent on running offenders through the justice system [16].

Most importantly, we need to honor victims by helping victims of sex crimes overcome the crimes committed against them. These days, if a victim forgives his or her attacker, many people look at them like they are crazy. What good does keeping victims thinking about what happened to them and the guilt and anger they feel rather than dealing with those feelings? The result is many more lives remain broken rather than healed, making them lifelong victims rather than “Thrivers.”

In our narrow focus on the “Registered Sex Offender,” we tend to forget the big picture. Appeals to emotion rather than reason helped create a legal system of perpetual brokenness for victims, offenders, and the community alike. So has the illusion of “innocence.” Your child is innocent until he is thrust into the criminal justice system for crossing a line he or she never addressed or even knew about. Ignorance is not bliss, nor is it an excuse for breaking the law. McDonald’s will give you a disclaimer for hot coffee in a cup. Yet no one is giving your child disclaimers on our legal system. If you don’t learn to be honest with your children about sexual issues, who will?

GA Supreme Court Rules Against Sex Offender

publicbroadcasting.net : GA Supreme Court Rules Against Sex Offender (click here for audio report)

Atlanta, GA (WABE) – A Georgia sex offender has lost his appeal to the state supreme court. State law requires sex offenders to register with the county sheriff within 72 hours of moving.

In January, convicted offender Derrick Todd Dunn temporarily located to a motel in Gordon County in northwest Georgia. Six days later he moved to a permanent home. When Dunn then registered, he was arrested for not registering the motel address.

Dunn appealed, saying registration requirements are vague, and that someone entering the state had more leeway than an offender already living in-state. In a unanimous vote, the Supreme Court of Georgia disagreed.

Christopher Paul was Dunn’s public defender. He says he’s disappointed with the court’s decision and the state’s sex offender law: “It’s at best an inartfully-drafted statute, and there’s lots of problems with the statute the way it’s currently drafted.”

Paul does not know if his client will file an appeal to the US Supreme Court.
Derrick Todd Dunn remains in a state prison where he’ll likely stay for several years.

This is not surprising coming from Georgia, as this state has some of the harshest and most draconian sex offender laws in the nation.

November 23, 2009

Laws Push Sex Offenders Into High Density

nwanews.com (Arkansas) : Laws Push Sex Offenders Into High Density.

Changes in Arkansas state laws in 2003 and 2007 created small concentrations of sex offenders throughout Northwest Arkansas near many residential neighborhoods. Laws restrict how close sex offenders can live to businesses and institutions.

“Certain offenders can’t live within 2,000 feet of a school, public park or a licensed day care center,” said Detective Leonard Graves, Fayetteville’s representative on the Northwest Arkansas Sex Offender and Violent Crime Task Force. “That starts eliminating a lot of a city.” A city like Fayetteville, with about 65 schools and day care centers and numerous small parks, doesn’t have much space left that is eligible, Graves said.

John, a convicted sex offender said,“Every year there’s more restrictions. When I got out of prison, I could live anywhere I wanted to. Now I’m on the registry for the rest of my life. If I was a murderer who was paroled, I wouldn’t have to do anything now.”

It’s been 20 years since John was paroled. He spent 10 years on probation after his release. He has never been in trouble since leaving prison, he said. His good behavior, however, didn’t mean anything when he moved the last time, from an apartment building to a house next door. “People left nasty notes in my mailbox, they put a sign in my yard, they broke out windows trying to get me to move,” John said.

Arkansas set up its database after the passing of the Sex and Child Offender Registration Act in 1997. Those convicted of a sex crime, or those found not guilty of a sex crime on the grounds of mental disease or defect, must register. They are required to register in each law enforcement jurisdiction where they live, attend school or are employed.

Stricter laws forcing people out of more neighborhoods are not the answer, said Paula Stitz, manager of the Arkansas sex offender registry. Tougher laws in other states have led to situations such as in Miami, where sex offenders live under bridges, Stitz said. New legislation in Florida eliminated most of Miami as a living site for sex offenders, according to a story by the Associated Press. In 2007, five male sex offenders started living under the Julia Tuttle Causeway when they couldn’t find a place to live. The number of offenders living under the bridge and nearby grew to 52 by March 2009.

“That’s not a good situation,” said Marc Klaas, founder of KlaasKids, a foundation formed to prevent crimes against children. Polly Klaas, Marc Klaas’ daughter, was kidnapped from her home in California and murdered in 1993 when she was 12 years old. “Sex offenders in close contact tend to network and exchange information that could lead them to committing another sex crime”, Klaas said.

So let’s get this straight; the manager of the state sex offender registry and a national advocate for sex offender laws both believe that these stricter laws are actually compromising public safety. So why are the public and lawmakers still pushing such laws?

How Likely are Sex Offenders to Re-offend?

southbendtribune.com : How likely are sex offenders to re-offend? Studies suggest rates lower than popularly believed.

Sex offenders are often seen as incurable deviants who lurk in the shadows, waiting to prey on unsuspecting innocents.
But the term “sex offender,” is actually much more complex, experts say, and a myriad of misconceptions exist about common traits associated with the population. Not only that, but according to recent studies, recidivism rates for sexual felons may be lower than most people believe.

“The public doesn’t quite understand recidivism,” says Dr. Adam Deming, a psychologist and director of the Sex Offender Management and Monitoring Program. “They tend to believe all will recidivate.” “It varies tremendously,” adds Dr. Jeff Burnett, a Mishawaka doctor who specializes in sex offender treatment, psychological evaluations and psychosexual assessments.

Community members often want to be cautious and conservative when assessing the danger of sex offenders because sexual assault and abuse can be so devastating. But that caution, Burnett says, can at times lead to an overestimation of the risk.

Before delving into exact recidivism rates, it’s essential to first define the word. In some studies, recidivism is explained as a reconviction for a sexual offense. In others, it relates to an offender being charged with a new sex offense. Other statistics measure recidivism based on arrests for any new type of crime, and some gauge recidivism based on violations of conditional release requirements.

The different ways to measure recidivism make the simple question of how often sex offenders re-offend not so simple.
Length of time is also important to consider when reviewing recidivism, notes a 2004 recidivism study conducted by Public Safety and Emergency Preparedness Canada. The study included parts of the United States.

“For all crimes … the likelihood that the behavior will re-appear decreases the longer the person has abstained from that behavior,” the study said.

In a 1994 study by the Bureau of Justice Statistics, the study found if sex offenders were re-arrested for a new sex crime, it was likely to happen within the first 12 months of their release.

In the first three years of being released, the study found that 5.3 percent of sex offenders had been rearrested for a sex crime.

The more recent Canadian/U.S. study showed overall recidivism rates based on re-convictions, were 14 percent after five years, 20 percent after 10 years, and 24 percent after 15 years.

“Most sexual offenders do not re-offend over time,” the study found. “This may be the most important finding of this study, as this finding is contrary to some strongly held beliefs.”

In short, after 15 years, 73 percent of sex offenders had not been charged or reconvicted of another sex offense.

All offenders are also not equally likely to reoffend. In addition, Brunett lists three risk factors leading to a greater chance of recidivism. Offenders whose victims are male, unrelated to them, or a stranger are more likely to repeat their crimes.

Age of the offender also plays a role. The older the sex offender, the less likely they are to reoffend.
And although cases where strangers sexually assault victims are usually more publicized, Deming points out that victims much more often know their perpetrator.

November 21, 2009

Overcriminalized.com – “Overcriminalization”

Overcriminalized.com : “Overcriminalization” describes the trend in America – and particularly in Congress – to use the criminal law to “solve” every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives. Criminal law is supposed to be used to redress only that conduct which society thinks deserving of the greatest punishment and moral sanction.

But as a result of rampant overcriminalization, trivial conduct is now often punished as a crime. Many criminal laws make it possible for the government to convict a person even if he acted without criminal intent (i.e., mens rea). Sentences have skyrocketed, particularly at the federal level.

This applies directly to the implementation of Adam Walsh Act laws, where legislators are applying the new laws retroactively to offenders who committed a crime years before the laws went into effect. Since our U.S. and State Constitutions forbid applying criminal penalties retroactively, these corrupt lawmakers argue that the laws are “civil” in nature, and not criminal. The facts are obviously contrary to this argument, however, as criminal penalties are applied to failure to properly follow all the new restrictions registration requirements.
(see Lesson: ” Kennedy 7″ Criteria ( Punitive vs. Civil ))

Legislation listed on Overcriminalized.com includes the International Megan’s Law of 2009 and the Prevention and Deterrence of Crimes Against Children Act of 2009

NE Sex Offender Tiers To Change

suntelegraph.com : NE Sex Offender Tiers To Change.

It’s been more than three years since former President Bush signed the Adam Walsh Child Protection and Safety Act of 2006, and Nebraska lawmakers are playing catch-up to avoid a 10 percent reduction in Byrne justice grant funding (a blackmail of the states by the Federal government to force them to adopt the AWA).

The Nebraska Sex Offender Registration Act is getting an update via LB285 passed in the last legislative session, allowing the act to better comply with federal laws and helping Nebraska retain its funded status.

Cheyenne County Sheriff Darrell Johnson said the new amendments change the way a sex offender is tiered in the program. All offenders will be listed publicly by the amount of years they must register whereas previously only Level III offenders had their information publicly available.

Level I – low risk – and Level II – moderate risk – were forced to register like Level III’s but their information didn’t go any further than the sheriff’s office.

Under the new law, all current and future registrants will be classified by the new levels that determine how long they must register and all will be subject to community notification. That means sex offenders hidden from public view will become known to the community.

New reporting requirements will include all addresses where a sex offender lives or frequents, all employment locations, all school information, travel and immigration documents, professional licenses or certificates, e-mail addresses and chat room ID’s, remote communication device identifiers, signed consent form to search, DNA sample collection and palm prints, in addition to fingerprints. Offenders are required to register within three days prior to release from incarceration.

The offender must report any change in residence/temporary residence, employment or school on an approved form. Anyone required to register is required to report each e-mail address, instant messaging address and any other Internet communication identifiers they use, such as Facebook and MySpace. Any changes must be submitted within 24 hours or else the offender is subject to a felony charge.

If a sex offender was convicted of a registrable offense not punishable by imprisonment for more than a year, they fall within the 15-year category. Fifteen-year registrants are required to report for verification annually in person at the sheriff’s office in the month of the offender’s date of birth.

If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, they fall within the 25-year category. Twenty-five-year registrants are required to report for verification bi-annually in person at the sheriff’s office in the month of the offender’s date of birth and six months following.

If a sex offender was convicted of a registrable offense punishable by imprisonment for more than a year, and was convicted of an aggravated offense or had a prior sex offense conviction, they fall within the life category. Life registrants are required to report for verification quarterly in person at the sheriff’s office in the month of the offender’s date of birth and every three months thereafter (until the day they die) .
The bill goes into effect Jan. 1.

Sex Offender Attempts Suicide in Courtroom

newsok.com (OK) : Sex offender tries to slit his throat in Norman courtroom

A convicted sex offender remained hospitalized in critical condition today after trying to slit his throat Thursday in a Cleveland County courtroom. Troy xxxxl, 43, used an X-Acto knife to cut himself after a judge revoked his probation, officials said. Undersheriff Rhett Burnett said. Lucas was able to wrestle the man to the floor, then applied pressure to his neck wound until paramedics arrived.

District Judge William Hetherington had just ordered Leal’s probation revoked and was about to sentence him to six years in prison when the incident occurred.

We, as a society will see more of this human tragedy as these draconian laws go into affect. Some barbarians of course, will welcome the death of another human because of a crime they committed. Most Americans, however, can see this as the tragedy and injustice it is.

UK Sex Offender Beaten to Death

birminghammail.net : Three people beat Birmingham sex offender to death.

Two men and a woman beat a Birmingham man to death after he was recognized as a sex offender, a court was told.
Victim Dennis Golding, aged 49, was targeted because someone at the Birmingham hostel where he was living had seen him on a sex offenders’ wing in prison, it heard.

Dominic Maynard-Francis, 23, Darren Stevens 30, and Rebecca Gordon 20, all deny murdering Mr Golding.
They went to his room on a number of times and repeatedly assaulted him. Another resident living opposite heard his screams and later saw the defendants laughing, said Mr Goss. He said the resident also saw Gordon hitting the victim with a chair. Mr Golding was found lying unconscious with severe head injuries and eventually died three weeks later after also contracting pneumonia.

November 19, 2009

Mans Executes His Own 15 yo Sex Offender Son

startribune.com : Detroit man accused of marching naked 15-year-old son into lot, killing him.

Highland Park, Mich. – A 37-year-old father irate over hearing his 15-year-old son had sexual contact with a 3-year-old girl made the teen strip at gunpoint, marched him to a vacant lot and shot him to death despite pleas from the boy and his mother, a relative said.

Michigan authorities filed a first-degree murder charge Wednesday against Jamar Pinkney Sr. in the shooting death Monday of Jamar Pinkney Jr. in the Detroit enclave of Highland Park. The shooting happened Monday night in a vacant lot in the once-prosperous city of 16,000, where decay, abandonment, fires and demolition have eaten away at many of the sprawling homes.

The boy’s mother, Lazette Cherry, told the Detroit Free Press that her son told her he had improper sexual contact with the girl. “I called and told his father. This isn’t something you sweep under the rug,” she said. Cherry said the elder Pinkney arrived at the home with a gun, ordered his son to strip and marched him outside despite her protests.
“He got on his knees and begged, `No, Daddy, No,’ and he pulled the trigger,” Cherry said.

News reports such as this are not reported widely, obviously because it demonstrates the hideous result of our social panic about sex offenders in our society. Legislators ,courts, and other citizen proponents of ever-increasing hatred of sex offenders are responsible for this boy’s murder.

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