Unconstitutional Lawmaking in America

Federal Judge Stops New Retroactive State Sex Offender Law

Dave Smith — Thu, 11 Sep 2008 16:07:45 +0000

Federal Judge Stops New Retroactive State Sex Offender Law -Citing Unconstitutionality of the law.

Sep 10, 2008 07:46 PM

Ruled Unconstitutional to Retroactively add punishment to persons who have already served out their sentences for a crime.

All across America, judges are being hit with lawsuits complaining of Unconstitutional Punishments being added to crimes committed 10, 20, 30 years ago. These unconstitional laws are costing each state millions to hear all these cases, 700 suits challenging the laws filed in one state alone. These retroactive laws deny due process and violate both the united states constitution and the constitution of every state in the union which states:
§23. Prohibited Laws

Section 23. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.

A federal judge Wednesday put a stop to a new state sex offender law. The law would have reclassified sex offenders putting them in categories based on the crimes they committed.

Opponents say the new system is unfairly targeting non-dangerous offenders.

It means sex offenders who committed crimes years ago, and served their time, will not have to worry about their past resurfacing.

“It is an impossible law that they are trying to impose on people.” People like Cameron Wolten. He is a registered sex offender.

“I was charged with a sex crime against an adult. I did my time – 22 years — and now in the state of Nevada they are trying to implement sanctions which would make it impossible to live,” said Wolten.

Lawyers representing the Attorney General’s office and those working with the ACLU both explained to a federal judge why the new law would work – and why it doesn’t.

Maggie McLetchie with the ACLU argued the law once again punishes sex offenders who have already served jail time. “You were throwing all kinds of people into this sex offender group — anybody. Number of people could have qualified as sex offender under the definition. It made no sense. It would not have furthered public safety.”

McLetchie says it would ruin hundreds of lives. “It would have put them at risk of losing their jobs, put their families at risk of violence.”

Wolten says some sex offenders are considered more dangerous than others. And this is why the new law was challenged.

One man we interviewed said he has paid his dues and now he just wants to live his life.

The judge made it very clear his decision Wednesday has no affect on existing laws when it comes to sexual crimes against children.

Chris Saldana, Reporter

Time..

Dave Smith — Mon, 08 Sep 2008 19:48:51 +0000

time brings up the images of clocks ticking, trees growing, mountains failing, and ultimately brought to dust… but how much more interminable, how much more real, is the time spent behind jail bars? Moments blur into days, days into years, each moment taken as part of the restitution for a crime against society. These moments are irreplaceable. They are the punishment for crime, a time of solitude to reflect upon the crime, and separation for the society which was wronged by that crime.

it is both tradition, and law, that the sentence thus set was full restitution for the crime, an end to the debt, to the onus of that crime. Each moment stood as pains and penalties, written in the life of the offender. The jury stood, with deliberation complete, and it was stated in solemn tones that the offender was guilty, and stated the sentence. That was the measure of the crime against society, the measure of the debt and onus to the society.

In this day far fewer go to a real trial. The Department of Justice indicates that the percentage may be under five percent. The legal system has been streamlined, due to the volume of plaintiffs, but in proportion to the magnitude of the responsibility, does that not bind even more firmly the judge and the prosecutor to the letter of the law, and the determination of the societal debt?

Yet, we pass and create laws to register, to restrict, to limit people after their time. People would argue that the felon’s right to keep and bear arms is and must be limited in order to protect the public, but even so, do they also not bear a right to protection? If that protection is not provided, and cannot be by the government, do they not have the right to self protection? Is it not a maxim, that any item once carried and used to protect or assault, is an arm, and a weapon under the purpose of law?

So it is as well, with sex offenders. The fear of the public seeks to bind upon them more and more chains, for the protection of society. But where the original judgment was placed, was that not decided to be sufficient for the crime committed? If it was sufficient, by what right, and what power do we bind more upon a man?

Is it not an equal offense to create a situation of servitude, subject to writ and whimsy, subject to retribution and fell intent, opening the probability of vigilante action, and denying them and their families any measure of protection? Is it not equally culpable to create situations wherein the rules can be changed, not for action or inaction, but simply because the perception was that the punishment was not enough?

When, then, is the punishment enough? When one can come back a year later, and decree new punishment? Is it when a man can come back ten years later and decree new punishment? SHould the aura of prospective punishment exist for life?

At this point, the legislature becomes bullies, existing upon the flesh of those registered. At what point is it enough? At what point can we say that we have had our pound of flesh, and the bleeding corpse can expire in peace?

And by what power, what right, do we extract that burden from those around the registrants? What motivates us to do so? Fear? Hatred? Anger? Are these the course of a wise and just population, or the tools of hatred and oppression?

Hate motivates only hate. Injustice motivates injustice. The circle and cycle is complete and equally as vicious as the process by which sharks tear each other apart at the first hint of injury.

The rights were to be restored at the end of the sentence, as they were always. Yes, an offender could move on elsewhere, and reoffend… but he took the equal chance of finding a judge, and jury that was not so kind, or even being slain in the commission of new crime.

But taking the law, and turning it into an instrument of abuse, of tyranny, and even going so far as to being slavery by denying them the most basic of human rights, that of shelter, family, work, property, and even the right to leave their oppressor…

What are we becoming? And dare we look into that darkness in our own soul, and gaze upon its magnitude… and not weep for the future we see in ourselves? Parts of this article taken from HERE

More Links and Info from other sources on the net:

Sex Offender Issues: NJ – Justices lift curfew on sex offender …

The court found the board violated his due process rights and must provide offenders notices and a “meaningful opportunity to be heard.” …
sexoffenderissues.blogspot.com/2008/08/nj-justices-lift-curfew-on-sex-offender.html

Sex Offender State Laws: NY – NEW YORK

… A-00966 – Specifies due process requirements for determination that offender is a sex offender, sexual predator, sexually violent predator or predicate …
sexoffenderstatelaws.blogspot.com/2008/07/ny-new-york.html

Sex Offender Issues: OH – Incorrect sentences must be fixed …

Aug 3, 2008 … He also argued that he had a legitimate expectation of finality in his sentence and that the Double Jeopardy and Due Process Clauses of the …
sexoffenderissues.blogspot.com/2008/08/oh-incorrect-sentences-must-be-fixed.html

Sex Offender Issues: April 2007

In United States law, adopted from English Law, due process (more fully due … Due process has also been frequently interpreted as placing limitations on …
sexoffenderissues.blogspot.com/2007_04_01_archive.html

Sex Offender Issues: NC – Judge strikes sex offense commitment law

Aug 31, 2008 … That’s not enough proof to afford an offender due process, Britt said. The federal public defenders who argued on behalf of the sex …
sexoffenderissues.blogspot.com/2008/08/nc-judge-strikes-sex-offense-commitment.html

Sex Offender Issues: June 2007

ACLU of Oklahoma Staff Attorney Tina Izadi filed suit on behalf of Doe on January 26, 2006 and alleged that his due process and other rights were being …
sexoffenderissues.blogspot.com/2007_06_01_archive.html

Sex Offender Issues: July 2008

… nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; …
sexoffenderissues.blogspot.com/2008_07_01_archive.html

Sex Offender Issues: Criminal Justice Resources: Sex Offender …

Restrictions have been challenged on a variety of constitutional grounds, such as substantive due process, equal protection, right to travel, ex post facto, …
sexoffenderissues.blogspot.com/2008/07/criminal-justice-resources-sex-offender.html

Sex Offender Issues: NV – New Sex Offender Laws Challenged in Nevada

No, the issue is passing retroactive laws violating ex post facto issues in the constitution, as well as due process issues, and basically resentencing …
sexoffenderissues.blogspot.com/2008/08/nv-new-sex-offender-laws-challenged-in.html

Sex Offender Issues: OH – Prosecutors, defense lawyers plan to …

And all without due process of law, thanks to Bush, and violating the constitution at the same time. If this document means nothing, then why have it? …
sexoffenderissues.blogspot.com/2008/08/oh-prosecutors-defense-lawyers-plan-to.html

Civil Rights Champion, Louisiana ACLU Silent on Issue

Dave Smith — Mon, 08 Sep 2008 12:53:31 +0000

Many families, men, women, children are continually having their Civil Rights violated in Louisiana.

ACLU Silent on Civil Rights for Some People in Louisiana

The state of Louisiana has enacted a number of laws labeling, targeting and singling out a group of people.

The state has effectively created a new under class of people and gone to war against them using the legislature to do it. This new underclass contains a wide spectrum of people. Men, Women and Children who are being labeled, segregated, punished, banished and ostracized from the rest of society.

All of this done to gain political clout.

ACLU of Louisiana Mission Statement:

To help the citizens of this state secure and maintain the fundamental rights guaranteed them by the Constitution of the United States and by the Louisiana Constitution when it may offer greater protection.The ACLU is a non-profit, nonpartisan public interest organization devoted exclusively to protecting the basic civil liberties of all Americans, as they are embodied in the U.S. and state constitutions. Also, the ACLU defends certain protected groups from discrimination as embodied in laws enacted by Congress or state legislatures.

The Louisiana ACLU has posted on their website:

The American Civil Liberties Union of Louisiana is freedom’s watchdog, working daily in the courts, legislatures and communities to defend individual freedoms guaranteed by the Constitution and the Bill of Rights.

How are they helping to defend individual freedoms guaranteed by the Constitution and the Bill of Rights in Louisiana concerning unconstitutional sex offender legislation?

Apparently you have to be a homosexual, or a Non-Christian. Seemingly, if you are a homosexual or a Non-Christian, you can get some help from the ACLU in Louisiana.

Unfortunately, our family has no homosexuals, and we all are Christians… maybe that is why they are silent?

I speculate their are a great number of Homosexuals and Non Christians who are being effected by these laws also… so if they help us, they will be helping them as well.

My son wants to tell how these laws are effecting him. He is not an actor, nor has he been told what to say.

He is a VICTIM of Ignorant Legislation.

A 14 year old boy, who now has No Life because of these draconian laws, tells his story. Warning, this video contains emotional material.

The ACLU of Louisiana has been totally silent on this issue after repeated requests for help.

Hundreds if not thousands of innocent children, women and families are being persecuted and denied their civil rights in Louisiana while the ACLU stands silent on the issue.

With passing of a number of unconstitutional laws which clearly are direct violations of both the United States Constitution and also the Constitution of Louisiana, children are the victims of run away legislation by the lawmakers of Louisiana.

These retroactive laws which ad punishment to person who have already served their time are in direct violation of the constitution. These retroactive laws have already been ruled unconstitutional in other states.

The Louisiana ACLU has no problem with fighting to keep God out of our public schools.

The Louisiana ACLU has no problem fighting for rights for Homosexuals.

Why is the Louisiana ACLU silent about the rights of thousands of children, families, men and women who are victims of clear violations of the Constitution in Louisiana?

When I first contacted the ACLU in July of 2008. I did not hear anything from them. I waited until August before I began attempting to contact them.

I did not receive any response so I began looking on the internet for ways to contact them.

I was fortunate enough to find a phone number and an email address for the Director.

After a number of emails back and forth, the ending results was this. They are aware of the terrible situaition and plan on addressing it. Just that I may not be the person they use to bring it before the courts. They offer no time when they will address the issues. Basically, they have said they are aware of the problem, but have to find that right person to bring it to the courts with.

This response leaves our children with no hope. We need to get these laws thrown out now, while our children can benefit. We need our constitutional rights NOW, not 20 years from now when all of our children are grown.

How are our constitutional rights being violated in Louisiana?

Ex post facto law enacted
Due Process Violated
Full Rights as Citizens Not Restored
Access to Public Parks and Recreation Prohibited
New Punishment added to a 25 year old crime when that debt has already been paid.
Collateral damage to innocent women and children
Banishment of Innocents from society
Good Name Defamed
Housing Denied
Employment Denied
Assigned Fees with no court hearing.
Threat of Incarceration if one does not Register
Threat of Monetary Penalty if one does not Register
Adding a Badge of Shame to a Driver’s Licenses (Just like Hitler did to the Jews) Public Humiliation.
Children of Former Sex Offenders, Shamed, Ridiculed, Ostracized, Loss of all friends, Outcasts. With your mouths you say protect the children, with your lawmaking you harm THOUSANDS EVERY DAY.
Not given access to the courts to plead your case in above said labeling.
Good name is defamed.
Cannot attend Your Child’s School Events-Even though still required to pay taxes for same event properties which are held on public land.
Cannot take children to school sporting events, football, soccer, baseball Even though still required to pay taxes for same event properties which are held on public land.
New Driver’s License / State ID every year (with Sex Offender designation) Public Shaming
Cost: All other citizens of the state renew their Drivers License every 3 years, Sex Offenders are required to do so Every Year, charging 3 times the amount of other citizens.

Why, when their are so many victims of these civil rights violations, is the ACLU of Louisiana Silent on this issue?

I asked Mike Walsworth if he would help get these laws changed, if he would help the children who are victims of these unconstitutional laws. His response was that these laws are good laws.

I went and talked to the State Representative Mike Walsworth about all the innocent victims these laws are creating. His response, These are good laws. He has no concern for all the children who are victims of these laws in Louisiana. His concern lies with His children, not All children of Louisiana.

: Louisiana State Senator Will do Nothing to help all the Victims of thse laws.

I have to wonder, how can a man watch a video of a 14 year old boy, all the way through, intently, and then refuse to do anything about the very laws which are ruining this boy’s life? How can a man who professes to be about Family on his website, do nothing about these laws which are so blatantly unconstitutional?

Fair Use Statement:

Dave Smith — Mon, 08 Sep 2008 12:08:17 +0000

This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of political, medical/scientific, economic, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml.