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AWA/SORNA: Send Your Fax to President Obama

March 4, 2010 Comments off

Many readers ask what they can do to help in this fight. Here is something you should do, today. With President Obama making news today in his support of the Adam Walsh Act funding ( see post below), we must do the following before the end of this week, if possible:

ConstitutionalFights spoke to a representative at the White House today who expressed interest in our concerns about the Adam Walsh Act and how it violates constitutional rights of 700,000 Americans. She gave potentially useful instructions on how to communicate effectively to President Obama on this issue.

She said to FAX A ONE PAGE OUTLINE summary sheet to 202-456-2461.
You can email but faxes will be MUCH more effective she said, because they receive millions of emails.

1. At the top of the page, put a clear subject line- re: Adam Walsh Act.

2. List clear concise bullet points, not narrative. She said outline form is much more likely to be read than a narrative story.

Now, I no longer use faxes, but I am sure many of you have access to fax machines. And there are some online alternatives to fax from your computer. So while this may result in a lower number of us sending a fax, if many of us do this, it could be effective (according to the secretary).

You know the bullet points to make: constitutional violations of Ex Post Facto/Retroactivity, Separation of Powers, Breach of Contract, ect, how it damages families and children of offenders, how it imposes life-long registration to many who committed a crime decades ago, ect..

Again, one page, in outline form! To download the sample outline below, download here: http://drop.io/whitehouseSORNA

Sample Outline:

Adam Walsh Act/SORNA : Destroying Families and Failing to Prevent Crime.

AWA/SORNA violates constitutional rights of 700,000 Americans by:

  • imposing retroactive punishment for crimes committed decades ago
  • breach of contract in plea agreements with states by increasing registration requirements, requiring new lifetime registration for many
  • violating separation of powers provisions by disallowing a court review of individual cases


Correcting Myths:

  • U.S. Department of Justice Statistics: Recidivism of Sex Offenders 1994 (latest available): “5.3% of sex offenders were rearrested for another sex crime.”
“An estimated 3.3% of child victimizers 4,300 were rearrested for another sex crime against a child within 3 years of release from prison”

Approximately 60% of boys and 80% of girls who are sexually victimized are abused by someone known to the child or the child’s family (Lieb, Quinsey, and Berliner, 1998).

  • Most-Recent Study Statistics from The National Criminal Justice Reference Service: “results DO NOT indicate an increase in child abductions by strangers”
  • A Comprehensive National Study (University of North Carolina, University of New Hampshire): “The great majority of sexual victimizations were perpetrated by acquaintances”
  • The Crimes Against Children Research Center studies:

a) “various forms of child mistreatment and child victimization declines as much as 40-70% from 1993 through 2004, including sexual abuse, physical abuse, sexual assault…”
b) ” sexual abuse started to decline in the early 1990’s after at least 15 years of steady increases. From 1990 through 2004 sexual abuse substantiations were down 49%”

  • National Child Abuse and Neglect Data System:

a) “Cases of substantiated sexual abuse have declined approximately 39% nationwide from 1992 to 1999. Despite the dramatic nature of the decline, little discussion of the trend has occurred at either the national or the state level. ”

Legal Challenges:

  • AWA/SORNA has been legally challenged in every county in Ohio and within every state. Many State and Federal Courts have ruled retroactive restrictions as unconstitutional.
  • The Indiana Supreme Court ruled retroactive application of SORNA as unconstitutional – Wallace v. State (2009
  • Ninth Circuit Court of Appeals declared in U.S. v. Juvenile Male, No. 07-30290 (9th Cir. Sept. 10, 2009) that part of the federal Sex Offender Registration and Notification Act is unconstitutional as applied to former juvenile offenders:
  • The Ohio Supreme Court currently has four cases under review to decide retroactive implementation of SORNA.


AWA/SORNA Damages Families:

  • Registries list offenders whose crimes date back decades, and whom have led productive lives since
  • Many of those on the registry were juveniles when the crime was committed
  • Many of those on registry pose little or no threat to re-offend
  • Public registries include home addresses and expose parents and their children to taunting and threats
  • Employment, education and living opportunities are severely limited to families with a registered sex offender
  • Socially stigmatizing Americans for a lifetime creates instability in their lives and actually increases chances of offending


Conclusion: We urge the President to repeal , or completely re-structure The Adam Walsh Act /SORNA to:

  • remove retroactive application
  • allow judicial review of individual cases
  • allow a means to earn a way off the registry
  • maintain registries for law enforcement use only, and not for public perusal


Sex Offender Outrage Reaches White House

March 4, 2010 Comments off

ABCNews: Outrage Over Sex Offender Monitoring Reaches White House.

In the wake of John Albert Gardner III being charged today for the killing of Chelsea King, we find that he was already a registered sex offender, which once again shows how ineffective these registries are in preventing crime:

John Walsh, host of “America’s Most Wanted,” said he met with President Obama Wednesday to discuss child protection laws and funding for the Adam Walsh Act, signed three years ago by President Bush.

The law promised to create a national registry of sex offenders and keep closer track of the most violent of them, but it did not come with the funds needed to carry it out.

“President Obama said yesterday, ‘As the father of two girls, John, I will get the Adam Walsh law funded,'” Walsh told “Good Morning America” today.

Walsh, whose 6-year-old son for whom the law is named and who was kidnapped and murdered in 1981, knows firsthand the grief King’s parents are experiencing. ( again let us correct the myth, there was no sexual assault of this boy)
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ConstitutionalFights spoke to a live person at the White House who expressed interest in our concerns about the Adam Walsh Act and how it violates constitutional rights of 700,000 Americans. Granted, these secretaries know nothing about the Act, but she gave potentially useful instructions on how to communicate effectively to President Obama on this issue.

She said to FAX A ONE PAGE OUTLINE summary sheet to 202-456-2461.
You can email but faxes will be MUCH more effective she said, because they receive millions of emails.

1. At the top of the page, put a clear subject line- re: Adam Walsh Act.

2. List clear concise bullet points, not narrative. She said outline form is much more likely to be read than a narrative story.

Now, I no longer use faxes, but I am sure many of you have access to fax machines. So while this may result in a lower number of us sending a fax, if many of us do this, it could be effective (according to the secretary).

You know the bullet points to make: constitutional violations of Ex Post Facto/Retroactivity, Separation of Powers, Breach of Contract, ect, how it damages families and children of offenders, how it imposes life-long registration to many who committed a crime decades ago, ect..

Again, one page, in outline form!

College Bans Convicted Sex Offenders

March 4, 2010 Comments off

mlive.com: Benton Harbor Lake Michigan College bans convicted sex offenders.
southbendtribune.com: Lake Michigan College suspends students for being child sex offenders.

Lake Michigan College has banned people convicted of sex crimes against children and listed on the state sex offender registry from attending classes on its four campuses, officials say.

Three students have been suspended under the new rule, although they will be allowed to take online courses, a spokeswoman for the community college told the Herald-Palladium of St. Joseph.

Administrators made the decision last month after a man signing up for winter semester classes at the Bertrand Crossing campus near Niles told school officials he was a registered sex offender and his victim had been a child, the newspaper reported. The man was not allowed to enroll.

“This brought to light that we could have other students enrolled who could have the same conviction on their record,” college spokeswoman Laura Kraklau said. “So that’s kind of what sparked it.” Officials describe the three students as “suspended” because they can take classes on campus once they are no longer required to register as sex offenders and are no longer on probation or parole. But because sex offenders must register for either 25 years or life under Michigan law, the students essentially have been expelled.

Aside from Bertrand Crossing, Lake Michigan College has campuses in Benton Harbor, Benton Township and South Haven. The ban does not cover students convicted of a sex crime against an adult.

U.S. Department of Education officials told the Herald-Palladium they did not know whether other colleges or universities have similar rules.

Miriam Aukerman, an attorney with Legal Aid of Western Michigan, said the Lake Michigan College rule was too broad and could punish people who pose no threat to children, including 17-year-olds convicted of having sex with 15-year-olds and other “Romeo and Juliet” offenses. The age of sexual consent in Michigan is 16.

Such a ban could be viewed as handing out additional punishment-and that’s not a job for schools, said Barmak Nassirian, associate executive director of the American Association of Collegiate Registrars and Admissions Officers. “We tend to believe that the judicial system and the criminal justice system are the appropriate venues for working out who ought to have access to higher ed and who should not if it is a matter either of privilege or a matter of safety,” Nassirian said.
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Two of three students recently suspended from Lake Michigan College for being child sex offenders have filed appeals with the school.

The decision stemmed from a meeting earlier that month when a prospective student attempting to sign up for winter classes at the Niles Bertrand Crossing campus told administrators he was a convicted child sex offender. The student was not allowed to enroll. A few days later, the three current students were suspended after the school did a check of the entire school body of 4,200 students.

Kraklau said administrators looked at whether other colleges in the country had similar policies regarding the offenders. She added that it appears “a couple of other community colleges have similar rules and policies,” although she did not say which ones.

1. I hope these students sue the college and take this issue to court.

2. How can any responsible court say that these sex offender registries are not “punishment” when social outcasting such as this occurs?

3. Try putting yourself in other shoes; you have a nephew or niece who made a terrible mistake and ended up on a sex offender registry. Would you want them banned from attending a college?