« New York State court concludes multiple mandatory minimum fines constitutionally excessive | Main | Notable defendant gets 10 years after 10th DWI in Texas as part of plea deal »

April 15, 2015

"Database Infamia: Exit from the Sex Offender Registries"

The title of this post is the title of this notable new article by Wayne Logan available via SSRN. Here is the abstract:

Since originating in the early-mid 1990s, sex offender registration and community notification laws have swept the country, now affecting the lives of hundreds of thousands of individuals. The laws require that individuals provide, update and at least annually verify personal identifying information, which governments make publicly available via the Internet and other means.  Typically retrospective in their reach, and sweeping in their breadth, the laws can target individuals for their lifetimes, imposing multiple hardships.

This symposium contribution surveys the extent to which states now afford registrants an opportunity to secure relief from registration and community notification and examines the important legal and policy ramifications of the limited exit options made available.

April 15, 2015 at 10:39 PM | Permalink

TrackBack

TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d83451574769e201bb081e1a07970d

Listed below are links to weblogs that reference "Database Infamia: Exit from the Sex Offender Registries":

Comments

Every family that is listed on a Sex Offender Registry (SORs) has a responsibility to ensure that it never does anything useful and that appropriate retaliation is delivered because of it.

Registered families should understand and know all the ways that SORs do not work or protect anyone. Registered families should understand the ways that Registry Supporters/Terrorists dream that the SORs "work". If any of those ways are legitimate in any way, they should be nullified.

Registered families should do anything and everything that is legal to retaliate for the mere existence of the SORs. Nanny big governments (NBGs) say that listed people are a problem, it should be ensured that is true.

NBGs can keep people on their lists forever. Those people need to ensure that it costs society dearly. It's civil war.

Posted by: FRegistryTerrorists | Apr 16, 2015 10:19:19 AM

@FRegistryTerrorists

Registered Families already understand these things. We live them every day.

We have to fight the law with law. It has really become necessary to be able to "sue" the politicians who enact these unconstitutional laws. If we could sue them, then they would stop putting emphasis on RSO laws just to get a vote. This will take a constitutional amendment, but it's necessary. If you don't believe me, just look at all the politician's who use this issue for political gain.

Indecently, RSO's CAN sue individual police officers for not adhering to any civil law if they break it. You only need to prove your case in court, but don't ever think that just because they wear a uniform and carry a gun, that they are exempt from the law.

Citizen's who break the civil law can also be sued.

RSO families need to bone up on their tort law. You can defend yourself, it's not that hard.

Posted by: Book38 | Apr 16, 2015 4:49:30 PM

Yes, I think families that are listed on the SORs should actively search for ways to sue ANYONE who supports the Sex Offender Registries (i.e. Registry Terrorists, RTs) for any reason. Registered families should strive to be wealthy and then use that to control and bludgeon RTs any way that they can. RTs do not have to be defeated by eliminating the SORs. RTs can be controlled and defeated economically.

As far as being able to sue politicians - I would prefer that any time any one of them even mentioned doing something to "sex offenders", that he/she is murdered ASAP. That would make me happy.

Posted by: FRegistryTerrorists | Apr 17, 2015 9:09:08 AM

I don't think much is going to happen unless the courts start getting involved and striking down many laws. Much like brown v. boe, sometimes court action is needed.

There is no need to point out the silliness of forcing a person to register for "sexting" or simple possession of "Child porn" or taking a dump vs. a violent gang member who really is a threat to society.

There haven't been enough lawsuits and strong arguments against SORNA and other laws, arguments are repeated over and over rather then new ones. "Sex offenders" are viewed as instruments of commerce, when it is not so, federal law cannot compel you to follow a state law and regulated commerce.

Of course a recent lawsuit failed to use the obamacare argument of an individual mandate, but there are other avenues of relief, and the focus should be on statues such as being forced to carry ID, and fees being a violation of the 13th amendment (since a fee requires labor or work).

Posted by: Morgan | Apr 19, 2015 4:09:56 AM

@ Morgan:

You present a good argument. However, taking the Feds or state to court takes money. Most RSO's don't work because they can't get jobs, therefore, they cannot hire a lawyer.

The ACLU should take up your suggestion of "forced to carry ID" and "fees". I do agree these would be winnable cases and get the public/courts attention.

BUT, pro-bono lawyers will have to take up this cause unless the Sex Offenders themselves donate to a fund that will use that money to hire lawyers for the good of the sex offender class of citizen.

Posted by: Book38 | Apr 19, 2015 9:06:21 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB