Hello: Hey just wanted to write in support of the web site. I am registered in Ohio and we are currently battling the implementation of the Adam Walsh law that was effective in Ohio as of Jan 1st 2008.
I had 3 more years to go but received a letter in December 07 that I would be getting 15 years added onto my sentence and would have to report twice a year. There is an appeals process and the entire state is ON FIRE with lawsuits against it.
I know it will take years to educate the general public then to break thru to the "HANG EM ALL" crowd before the tide can finally turn but it is comforting to know that the tidal wave is finally hitting a formidable wall with more Doctors and Legal professionals getting on board armed with facts and research rather than fear anger and Myths.
I know that activism is the key I have personally sent out forms to every offender in my county with which they can file their own petition against re classification.
There has never been a law more draconian than the AWA with THOUSANDS of people going from "sexually oriented offenders" to tier 3 LIFETIME REGISTRANTS and lawsuits abound throughout the state.
This law, I believe is the one that will finally be the one that gets struck down by the supreme court. That may have even been planned and known when it was signed into law by the president trying to dig the last nugget from this political goldmine.
This law evokes new punishments based on the CRIME COMMITTED so its going to be awfully hard to make the same old argument that this is not additional punishment after the fact since its not a blanket law. The court system in my state is in Meltdown mode.
In addition to the thousands of individual lawsuits there is at least one class action suit that is suing all 88 counties in Ohio. Also there are several cases before the Ohio supreme court.
I could easily say that this law will cost the tax payers of Ohio more in postage to implement each year than any 10% decrease in funding that the federal government has threatened to withhold from any state that does not comply.
Some states are already balking when they actually stop and look at the law and the costs associated with implementation not to mention the fact that the law is nothing more the same old feel good, do nothing, useless, tactics with even more blind knee jerk nonsense based on crime committed not on the individual circumstances or plea arrangements.
This will lead to less compliance for offenders, less safety for everyone, more fear, more vigilantism and more collateral damage to our friends and families and I for one have had quite enough.
If there is anything I can do to help with the site please let me know.
Thank You
B.McCl.
B.McCl.
1 comment:
I understand the concept of "double jeopardy" the point I was making was that they keep flying these laws by the supreme court stating that these laws are not punishment and they are only civil matters.
I think its going to be difficult to pass this new law off as just civil, non punishment and constitutional as they assess new levels of punishment based solely on the crime you were previously convicted of.
All of that now goes out the window and if that's justice and that's legal? I must have woken up in the USSA this morning.
Defense lawyers have argued that these laws are unconstitutional because plea deals were struck based on what level of registration a defendant would get upon sentencing. I don't think its much of a stretch for even average Americans to understand that they cant go back and change the rules later.
I don't know what state your in but this is an issue that all 50 states will be dealing with this year. I am glad that we are setting such a great example for others and all of this pressure just might persuade the supreme court to actually do their job strike this one down.
I still have no clue why the Majority of justices on the Unites States Supreme Court haven't just looked at the data that is NOW AVAILABLE.
The John Walsh's of our nation have pushed the envelope a little to far this time in my opinion. My own daughter was drugged and raped at age 12 by a boyfriend of my ex wife he is now currently in prison so I feel I am someone that really has an all points understanding of this issue.
I just thank god every day that I do not have to use the death or rape of one of my children as a cottage industry as a professional anger and fear trafficker.
It seems we as a people have this horrible habit of going from not doing anything about a problem to going way past overkill in a matter of years.
It also frightens me that people will so easily hand their rights over to the government in the name of security. Most just cant make the connection that once you say its ok to do that to me its just a matter of time before they come and do something similar to you or someone you love.
If I were going to hand my security or the security of someone I love over to something or someone it would certainly be a more competent body than the United States government. Look at the track record. The war on Poverty? The war on drugs? Now the war on child sexual abuse?
Mandatory minimums and one size fits all justice will not work any better with this issue than it has for any of the others. The vote seeking politicians and the uninformed public juggernaut must be stopped by the Supreme Court of the United States.
They are supposed to be the safety valve for the nation. Interpreting the constitution is their only function and if they allow this boiler to keep building pressure the explosion will only further splinter our nation.
Thank You
Brendan
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