Archive for November 21, 2009 – “Overcriminalization”

November 21, 2009 Comments off : “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 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

November 21, 2009 Comments off : 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

November 21, 2009 Comments off (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

November 21, 2009 Comments off : 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.