Original Article
02/26/2013
USA FAIR (Families Advocating an Intelligent Registry) is a not-for-profit corporation formed by family members of people on the sex offender registry. We believe that the vote by the Suffolk County Legislature to disperse registrants from two trailer camps to existing homeless shelters makes sense ["Legislators to shut trailers, order new checks by police," News, Feb. 6].
What would make even more sense, in the broader effort to improve sex offender management, would be to repeal the residency restrictions that have contributed to this homeless problem in the first place. Hopefully, the courts will do this soon.
What does not make sense is to sign a three-year, $2.7 million contract with Parents for Megan's Law, a victims' advocacy organization, to intensify checks on Suffolk's 1,016 registered sex offenders. This organization has no sex offender management experience. Advocates for victims play an important role in our democratic process, but they should not be given quasi-policing powers.
If the Suffolk County police need help to do this important job, why not use the money to add officers?
However, if Suffolk County really needs to outsource this task, County Executive Steve Bellone should conduct a competitive bid process. Only then will the taxpayers know if the most qualified organization was hired at the best price.
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Showing posts with label Letters. Show all posts
Showing posts with label Letters. Show all posts
Wednesday, February 27, 2013
Saturday, February 9, 2013
Tuesday, December 18, 2012
Why discriminate against sex offenders only?
Labels: Letters , National , UserSubmitted
The following was sent to us via the contact form and posted with the users permission.
By Elizabeth Carter:
There are almost 700,000 registered sex offenders across the country, and experts say the system is overwhelmed. It is a vexing issue. How do you balance proactive policing with the constitutional rights of sex offenders once they’ve served their punishment and are free to go? The registry is double jeopardy for those who completed their sentence before the registry existed. On July 25, 2008, the Alaska Supreme Court declared Sex Offender Registration Act unconstitutional. We all know how much money the government makes yearly off of criminals. That means creating these registries just so innocent people will be motivated to commit a crime by killing or assaulting sex offenders. Politicians and the media make a big ordeal about keeping our children safe, well sex offenders are not the only people harming our children.
Each year the number of children who die in America is staggeringly high. However, numbers always seem to confuse the mix so to take it a step further, I’ve provided some totals. In 2005, there were 555 cases of infanticide in the United States. All were victims under the age of 5 and all were murdered, with 60 per cent of them dying at the hands of their parents. Add that to the 250 innocent children between the ages of 5 and 14 who were murdered during that same year and the blood count soars to unspeakable numbers. These are children killed senselessly at the hands of another out of anger, panic, revenge or in a desperate attempt to end perceived suffering. The bottom line is that factual accounts show that thousands of children are dying on our own soil every year for reasons such as abuse, neglect, murder, alcohol and drugs.
Since the government refuses to reform the SOR they need to make the same stipulations on child abductors, child murderers, child abusers, etc.. DO NOT discriminate against sex offenders only. To make my point, if something were to happen to my child I would rather have them sexually assaulted than murdered; at least I would still be able to hold my child and tell them how much I love them. NOTHING is worse than a parent having to bury their child and knowing they will NEVER, EVER see them again. Hopefully you catch my point.
Thank You,
Elizabeth Carter
By Elizabeth Carter:
There are almost 700,000 registered sex offenders across the country, and experts say the system is overwhelmed. It is a vexing issue. How do you balance proactive policing with the constitutional rights of sex offenders once they’ve served their punishment and are free to go? The registry is double jeopardy for those who completed their sentence before the registry existed. On July 25, 2008, the Alaska Supreme Court declared Sex Offender Registration Act unconstitutional. We all know how much money the government makes yearly off of criminals. That means creating these registries just so innocent people will be motivated to commit a crime by killing or assaulting sex offenders. Politicians and the media make a big ordeal about keeping our children safe, well sex offenders are not the only people harming our children.
Each year the number of children who die in America is staggeringly high. However, numbers always seem to confuse the mix so to take it a step further, I’ve provided some totals. In 2005, there were 555 cases of infanticide in the United States. All were victims under the age of 5 and all were murdered, with 60 per cent of them dying at the hands of their parents. Add that to the 250 innocent children between the ages of 5 and 14 who were murdered during that same year and the blood count soars to unspeakable numbers. These are children killed senselessly at the hands of another out of anger, panic, revenge or in a desperate attempt to end perceived suffering. The bottom line is that factual accounts show that thousands of children are dying on our own soil every year for reasons such as abuse, neglect, murder, alcohol and drugs.
Since the government refuses to reform the SOR they need to make the same stipulations on child abductors, child murderers, child abusers, etc.. DO NOT discriminate against sex offenders only. To make my point, if something were to happen to my child I would rather have them sexually assaulted than murdered; at least I would still be able to hold my child and tell them how much I love them. NOTHING is worse than a parent having to bury their child and knowing they will NEVER, EVER see them again. Hopefully you catch my point.
Thank You,
Elizabeth Carter
Wednesday, September 12, 2012
NY - Letter: Focus on the facts about sex offenders
Labels: Letters , NewYork , ShanaRowan
Original Article
09/12/2012
By Shana Rowan (Blog, Facebook)
I am the fiancee to a sex offender (crime committed at age 12) and registry reform advocate — and am still attempting to understand why a registrant providing an incorrect address is considered “news.” Particularly when it has yet to be determined whether or not the mistake was intentional, it sounds much more likely that Councilwoman (Rose Mary) Christian was eagerly awaiting an opportunity to get her name in the paper. (“Christian: Sex offender picked the wrong address,” story, Sept. 11.)
Instead of giving a politician with a clear, admitted bias a platform from which to crow her bigotry, why not use this as an opportunity to enlighten readers about some of the lesser-known facts regarding sex offenders and sex crime?
Christian openly admits that she won’t give sex offenders a second chance. Other than crying to the paper, making sure to highlight her personal disdain for registrants, where is her solution? It might feel good to make life difficult for registrants, but as public policy, it is disastrous. Doesn’t she know that homelessness, lack of access to treatment and support systems, and inability to support ones’ self have all been proven to be factors in increasing recidivism? These things have all been clearly documented, and it would have been prudent to include this in your article.
Many sex offenders have not victimized children and are not (have never been) violent. Children themselves make up over a third of all perpetrators of sex crimes against other children. Are we to throw them under the bus as well? Many registrants have families and children of their own, whose safety is put at risk every day due to the ignorance and selfishness of people like Councilwoman Christian. We don’t often hear from them, since for the most part, they are bullied into silence. Recidivism rates for sex offenders are in the single digits and have been since before the registry. New York-based researcher Dr. Jeffrey Sandler found that 96 percent of sex crimes are committed by someone not on the registry — and just as many are perpetrated by family or an acquaintance known to the victim, not a stranger.
What good can it possibly do for our communities if our elected officials repeatedly insist on using anecdote and emotion, rather than empirical research, as the premise for legislation?
Shana Rowan
Oneida
09/12/2012
By Shana Rowan (Blog, Facebook)
I am the fiancee to a sex offender (crime committed at age 12) and registry reform advocate — and am still attempting to understand why a registrant providing an incorrect address is considered “news.” Particularly when it has yet to be determined whether or not the mistake was intentional, it sounds much more likely that Councilwoman (Rose Mary) Christian was eagerly awaiting an opportunity to get her name in the paper. (“Christian: Sex offender picked the wrong address,” story, Sept. 11.)
Instead of giving a politician with a clear, admitted bias a platform from which to crow her bigotry, why not use this as an opportunity to enlighten readers about some of the lesser-known facts regarding sex offenders and sex crime?
Christian openly admits that she won’t give sex offenders a second chance. Other than crying to the paper, making sure to highlight her personal disdain for registrants, where is her solution? It might feel good to make life difficult for registrants, but as public policy, it is disastrous. Doesn’t she know that homelessness, lack of access to treatment and support systems, and inability to support ones’ self have all been proven to be factors in increasing recidivism? These things have all been clearly documented, and it would have been prudent to include this in your article.
Many sex offenders have not victimized children and are not (have never been) violent. Children themselves make up over a third of all perpetrators of sex crimes against other children. Are we to throw them under the bus as well? Many registrants have families and children of their own, whose safety is put at risk every day due to the ignorance and selfishness of people like Councilwoman Christian. We don’t often hear from them, since for the most part, they are bullied into silence. Recidivism rates for sex offenders are in the single digits and have been since before the registry. New York-based researcher Dr. Jeffrey Sandler found that 96 percent of sex crimes are committed by someone not on the registry — and just as many are perpetrated by family or an acquaintance known to the victim, not a stranger.
What good can it possibly do for our communities if our elected officials repeatedly insist on using anecdote and emotion, rather than empirical research, as the premise for legislation?
Shana Rowan
Oneida
Monday, May 7, 2012
NY - Sex offenders deserve tolerance
Labels: Employment , Letters , NewYork , ShanaRowan
Original Article
05/07/2012
To the Editor:
After reading about a Syracuse Department of Public Works employee with a conviction for a sex crime who eventually went on to have consensual but illegal sexual relations with a 15-year-old boy, concerned citizens began to wonder if perhaps employers should avoid hiring registrants altogether, adding on to existing restrictions and legislation that most of us believe are keeping our children, families and communities safe.
Just how effective are our existing policies? Any politician, legislator or member of law enforcement will tell you that the sex offender registry and related measures are paramount to public safety. But an objective glance at the raw data and extensive research conducted on the effectiveness of sex crime legislation reveals that the impact is questionable at best. A 2008 study, ''Does a Watched Pot Boil? (PDF)'' by Jeffrey Sandler, Ph.D., examines the sex crime rates committed by first-time offenders as well as previously convicted offenders from 1986 through 2007 — the 10 years before New York enacted the Sex Offender Registration Act through 11 years after. The rates for both groups were unchanged, indicating that neither publicizing sex offender records nor community notification had any impact whatsoever on the prevention or reduction of sex crimes.
Contrary to what many of us have been led to believe, the findings of Sandler's study mirror the findings of additional research and data collection by federal and state governments as well as other independent researchers — dating as far back as the early 1990s and as recently as this year. The state of Connecticut released a sex offender recidivism report (PDF) in February, citing a re-offense rate of just 2.7%. This coincides with the U.S. Department of Justice's 2004 finding that 95 percent of sex offenses are committed by those with no prior conviction for a sex crime — which means that the overwhelming majority of sexual predators are excluded from the zero-tolerance laws we've passed to deter them.
These statistics can be hard to accept because we rarely hear about registered sex offenders who are obeying the law, gainfully employed and living crime-free lives with their families. But ask yourself: Would you want to? Or do we actually enjoy seeing sex offenders fail?
It's hard to think of a cause more noble or necessary than child safety. Consistently, that is the primary argument used to justify legislation that severely restricts registered sex offenders and attitudes toward them that are intolerant and scornful. While the desire to protect children is certainly at the root of our reactions, that is the very reason we must be willing to separate those emotional reactions from proactive solutions. Removing all incentive and ability for sex offenders to re-integrate might feel good, as if we are somehow avenging victims and exacting the perfect revenge. But all we are really doing is creating an environment that is more conducive to re-offense — and in doing so, creating new victims.
Responding to and managing sex crimes does not mean we have to choose between safety and recovery for victims, and providing the opportunity for registrants and their families to move forward effectively and healthily. The most honorable fight begins with being willing to look at the broader picture and accepting that truly safe communities exclude no one.
Shana Rowan, an outspoken advocate for sex crime legislation reform, lives in Oneida. Contact her via her blog, iloveasexoffender.blogspot.com.
05/07/2012
To the Editor:
After reading about a Syracuse Department of Public Works employee with a conviction for a sex crime who eventually went on to have consensual but illegal sexual relations with a 15-year-old boy, concerned citizens began to wonder if perhaps employers should avoid hiring registrants altogether, adding on to existing restrictions and legislation that most of us believe are keeping our children, families and communities safe.
Just how effective are our existing policies? Any politician, legislator or member of law enforcement will tell you that the sex offender registry and related measures are paramount to public safety. But an objective glance at the raw data and extensive research conducted on the effectiveness of sex crime legislation reveals that the impact is questionable at best. A 2008 study, ''Does a Watched Pot Boil? (PDF)'' by Jeffrey Sandler, Ph.D., examines the sex crime rates committed by first-time offenders as well as previously convicted offenders from 1986 through 2007 — the 10 years before New York enacted the Sex Offender Registration Act through 11 years after. The rates for both groups were unchanged, indicating that neither publicizing sex offender records nor community notification had any impact whatsoever on the prevention or reduction of sex crimes.
Contrary to what many of us have been led to believe, the findings of Sandler's study mirror the findings of additional research and data collection by federal and state governments as well as other independent researchers — dating as far back as the early 1990s and as recently as this year. The state of Connecticut released a sex offender recidivism report (PDF) in February, citing a re-offense rate of just 2.7%. This coincides with the U.S. Department of Justice's 2004 finding that 95 percent of sex offenses are committed by those with no prior conviction for a sex crime — which means that the overwhelming majority of sexual predators are excluded from the zero-tolerance laws we've passed to deter them.
These statistics can be hard to accept because we rarely hear about registered sex offenders who are obeying the law, gainfully employed and living crime-free lives with their families. But ask yourself: Would you want to? Or do we actually enjoy seeing sex offenders fail?
It's hard to think of a cause more noble or necessary than child safety. Consistently, that is the primary argument used to justify legislation that severely restricts registered sex offenders and attitudes toward them that are intolerant and scornful. While the desire to protect children is certainly at the root of our reactions, that is the very reason we must be willing to separate those emotional reactions from proactive solutions. Removing all incentive and ability for sex offenders to re-integrate might feel good, as if we are somehow avenging victims and exacting the perfect revenge. But all we are really doing is creating an environment that is more conducive to re-offense — and in doing so, creating new victims.
Responding to and managing sex crimes does not mean we have to choose between safety and recovery for victims, and providing the opportunity for registrants and their families to move forward effectively and healthily. The most honorable fight begins with being willing to look at the broader picture and accepting that truly safe communities exclude no one.
Shana Rowan, an outspoken advocate for sex crime legislation reform, lives in Oneida. Contact her via her blog, iloveasexoffender.blogspot.com.
Wednesday, February 15, 2012
Letters to the Editor - All the "shunning" in the world won't help someone heal
Labels: Letters , ShanaRowan , Story
Original Article
02/15/2012
By Shana Rowan
I knew my husband was going to kill me, I just didn't know when.
Mr. Looney, I take serious offense to the entirety of your post "Shun the Sex Offender." If you are going to use my life as the basis for shunning sex offenders from society, at least make sure you understand the situation first.
My "sex offender house mate" is my fiancee. We have known each other for over 10 years, before he was arrested. He is the kindest, gentlest, most considerate individual I have ever met in my life. He has endured unspeakable abuse from virtually every person who was ever supposed to protect him, or help him, or teach him.
Despite that, he is doing everything he can to become a better person and loves me in a way that no one ever has. In fact, his presence is likely the only reason I am alive.
As a victim of severe domestic violence, I was at a point several years ago where I knew my husband was going to kill me, I just didn't know when. My fiancee is the only reason I was able to gather the courage I needed to leave. Without him, I am absolutely certain I would be dead right now.
When I explained that he committed his crime in the midst of being severely abused, it wasn't mean as an excuse. It is the truth, and it is extremely relevant to what eventually occurred. Had he merely been an abused child, whose mother physically, emotionally and sexually abused him, and did not teach him or show him any of the basic concepts and skills that we learn as children, you would likely agree that he could possibly "would suffer a lifetime" because of it.
But because at age 12 - an age where we are ALL awkward, confused, and battling feelings and urges we don't understand - he made a choice out of desperation, lack of options and hopelessness - he is now worthy of societal shunning?
He was not an adult man who preyed on a child - he was a desperate CHILD himself who had no one to help him, and who no one stood up for. At what point does someone go from being a terrified kid experiencing something awful and scary all alone, to scum that deserves lifelong punishment? And why does all the good that he has accomplished since then go unnoticed? Do I deserve a life without the most wonderful person in the world, because he made a mistake many years ago?
I'm curious - did you bother to read any of the recidivism studies I provided (Letter: You were dead wrong about sex offender recidivism rates)? I'm not "boasting" about those statistics - they are simply the truth. It's not just one study, it's not just five. The research indicating low recidivism is boundless. And no, low re-offense rates are not due to the registry or to restrictive legislation.
- More studies here.
In fact, many studies indicate that the endless restrictions faced by registrants when they re-enter society - where they can live, where they can work, if they can even find work - not to mention the public humiliation, privacy invasion, and threat of vigilante justice - the "shunning" you suggest - actually lead to higher re-offense rates. Where is the incentive for them to become contributing citizens?
Myself and others like me - those fighting for laws that reflect facts, not emotion, and raise awareness among people like you - do not support sex crime. We do not condone it. We do not believe it shouldn't be punished. We do believe that people who commit sex crimes should be treated just as "well" as other criminals upon their release, and given the same opportunities that our constitution says they have. We believe in this not just for the registrants, but for their families. Even if you can't change your opinion of sex offenders, you cannot deny the existence of their loved ones.
You cannot deny that they suffer dearly as a result of these laws and the massive misconceptions held by the public, as evidenced by your post. I am living, breathing proof that these laws hurt more than they help. And yes, I've been a victim myself. But you know what? My recovery, just like victims of any type of violent crime, should not and is not based on the punishment of someone else. All the "shunning" in the world won't help someone heal.
A life driven by vindictiveness and revenge is a sad, angry life and one I do not envy.
Sincerely,
Shana Rowan
Oneida, NY
www.endsexcrime.org
www.iloveasexoffender.blogspot.com
02/15/2012
By Shana Rowan
I knew my husband was going to kill me, I just didn't know when.
Mr. Looney, I take serious offense to the entirety of your post "Shun the Sex Offender." If you are going to use my life as the basis for shunning sex offenders from society, at least make sure you understand the situation first.
My "sex offender house mate" is my fiancee. We have known each other for over 10 years, before he was arrested. He is the kindest, gentlest, most considerate individual I have ever met in my life. He has endured unspeakable abuse from virtually every person who was ever supposed to protect him, or help him, or teach him.
Despite that, he is doing everything he can to become a better person and loves me in a way that no one ever has. In fact, his presence is likely the only reason I am alive.
As a victim of severe domestic violence, I was at a point several years ago where I knew my husband was going to kill me, I just didn't know when. My fiancee is the only reason I was able to gather the courage I needed to leave. Without him, I am absolutely certain I would be dead right now.
When I explained that he committed his crime in the midst of being severely abused, it wasn't mean as an excuse. It is the truth, and it is extremely relevant to what eventually occurred. Had he merely been an abused child, whose mother physically, emotionally and sexually abused him, and did not teach him or show him any of the basic concepts and skills that we learn as children, you would likely agree that he could possibly "would suffer a lifetime" because of it.
But because at age 12 - an age where we are ALL awkward, confused, and battling feelings and urges we don't understand - he made a choice out of desperation, lack of options and hopelessness - he is now worthy of societal shunning?
He was not an adult man who preyed on a child - he was a desperate CHILD himself who had no one to help him, and who no one stood up for. At what point does someone go from being a terrified kid experiencing something awful and scary all alone, to scum that deserves lifelong punishment? And why does all the good that he has accomplished since then go unnoticed? Do I deserve a life without the most wonderful person in the world, because he made a mistake many years ago?
I'm curious - did you bother to read any of the recidivism studies I provided (Letter: You were dead wrong about sex offender recidivism rates)? I'm not "boasting" about those statistics - they are simply the truth. It's not just one study, it's not just five. The research indicating low recidivism is boundless. And no, low re-offense rates are not due to the registry or to restrictive legislation.
- More studies here.
In fact, many studies indicate that the endless restrictions faced by registrants when they re-enter society - where they can live, where they can work, if they can even find work - not to mention the public humiliation, privacy invasion, and threat of vigilante justice - the "shunning" you suggest - actually lead to higher re-offense rates. Where is the incentive for them to become contributing citizens?
Myself and others like me - those fighting for laws that reflect facts, not emotion, and raise awareness among people like you - do not support sex crime. We do not condone it. We do not believe it shouldn't be punished. We do believe that people who commit sex crimes should be treated just as "well" as other criminals upon their release, and given the same opportunities that our constitution says they have. We believe in this not just for the registrants, but for their families. Even if you can't change your opinion of sex offenders, you cannot deny the existence of their loved ones.
You cannot deny that they suffer dearly as a result of these laws and the massive misconceptions held by the public, as evidenced by your post. I am living, breathing proof that these laws hurt more than they help. And yes, I've been a victim myself. But you know what? My recovery, just like victims of any type of violent crime, should not and is not based on the punishment of someone else. All the "shunning" in the world won't help someone heal.
A life driven by vindictiveness and revenge is a sad, angry life and one I do not envy.
Sincerely,
Shana Rowan
Oneida, NY
www.endsexcrime.org
www.iloveasexoffender.blogspot.com
Wednesday, October 26, 2011
A Sex Offender's Wife Speaks
Original Article
10/26/2011
By Joseph Doherty
In March of this year a woman gave me permission to publish as a blog an email that she had sent me. This is her follow up:
10/26/2011
By Joseph Doherty
In March of this year a woman gave me permission to publish as a blog an email that she had sent me. This is her follow up:
It's been about six months since I first emailed you my story. Much has happened since then. [name withheld] plead guilty and was sentenced to serve one year in prison with a suspended sentence of two years. He'll be on probation for five years when he gets out.
I still struggle with feelings of betrayal, anger, resentment and disbelief. At times I lose my composure and find myself crying. But I no longer feel that my life is over.
My parents have been wonderful! They took care of my two children when news of [name withheld]'s abuse became public. They have been incredibly supportive both emotionally and financially. My children are now back with me and my mother makes the drive to our house twice a week to help me care for them. With her and Dad's help I think I'm beginning to put the pieces back together.
I've lost some friends because of this but others, once they were over their initial reaction of shock, have come to my aid. I've gotten into individual therapy with a knowledgeable therapist and I'm discovering I'm a lot stronger than I thought I was.
I'm told that [name withheld] will probably serve 10 months of his one year sentence which means he might be out next April. I have accepted the fact that he is a child molester. What this means going forward, in terms of our marriage, I'm not sure. Right now I'm taking it one day at a time.
PS
Thanks to everyone who responded to my first post back in March. You, too, have been an important part of my healing.
Tuesday, October 25, 2011
Opinion: Family members of accused suffer
Labels: Letters , ShanaRowan , Story
Original Article
10/21/2011
By Shana Rowan
To The Editor:
I was dismayed to see a front page article on a Cazenovia funeral director who is facing alleged charges of sexual abuse. Though I understand and appreciate that it is commonplace to publicize serious charges that have been filed against various people, the fact that this is a sex abuse case differentiates it from every other possible charge, including murder, burglary, and drugs, among other things.
Most importantly, this man has been accused, but not convicted. A 24-year-old employee, about whom we are given no information other than her age and gender, has alleged that this occurred. The article states that the police “investigation revealed that Tait subjected the former employee to inappropriate physical exams at the funeral home as conditions of her employment", but nothing about what actual evidence was found to adequately charge Mr. Tait.
Essentially, the article all but accuses a man who is still presumed innocent by law of a very serious offense, but provides little information with which to back this up.
While some may argue that articles like this are OK because they protect the community from possible sexual predators, widely available statistics prove that this is extremely unlikely.
The large majority of sex crimes of this nature are perpetrated by family members or people known to the victim or their family (in this case, an employer). Even if Mr. Tait is guilty of abusing his employee, it is not as though he is going to run out and abuse random women on the street. That is simply not the profile of this type of offender, and again, there is significant research to back this up.
All this article has accomplished is ensure that Mr. Tait’s life waiting for trial, throughout the court process and after jail, if he is convicted, will be miserable and difficult. Why should anyone care about the “feelings” or treatment of a sex offender? Because for every accused offender, guilty or innocent, there are family members and loved ones who suffer with them, and they are surely innocent. I am one of these people, and anyone is welcome to ask me how it has impacted my life.
Please understand I am not minimizing or undermining the harm that has been done to the victims of sexual abuse - obviously, they have experienced trauma and pain as well, in ways most of us will never understand. But this doesn’t take away from the fact that Mr. Tait’s family has not committed any crime, although thanks to articles like this one and the inevitable public reaction, they will pay for it dearly.
10/21/2011
By Shana Rowan
To The Editor:
I was dismayed to see a front page article on a Cazenovia funeral director who is facing alleged charges of sexual abuse. Though I understand and appreciate that it is commonplace to publicize serious charges that have been filed against various people, the fact that this is a sex abuse case differentiates it from every other possible charge, including murder, burglary, and drugs, among other things.
Most importantly, this man has been accused, but not convicted. A 24-year-old employee, about whom we are given no information other than her age and gender, has alleged that this occurred. The article states that the police “investigation revealed that Tait subjected the former employee to inappropriate physical exams at the funeral home as conditions of her employment", but nothing about what actual evidence was found to adequately charge Mr. Tait.
Essentially, the article all but accuses a man who is still presumed innocent by law of a very serious offense, but provides little information with which to back this up.
While some may argue that articles like this are OK because they protect the community from possible sexual predators, widely available statistics prove that this is extremely unlikely.
The large majority of sex crimes of this nature are perpetrated by family members or people known to the victim or their family (in this case, an employer). Even if Mr. Tait is guilty of abusing his employee, it is not as though he is going to run out and abuse random women on the street. That is simply not the profile of this type of offender, and again, there is significant research to back this up.
All this article has accomplished is ensure that Mr. Tait’s life waiting for trial, throughout the court process and after jail, if he is convicted, will be miserable and difficult. Why should anyone care about the “feelings” or treatment of a sex offender? Because for every accused offender, guilty or innocent, there are family members and loved ones who suffer with them, and they are surely innocent. I am one of these people, and anyone is welcome to ask me how it has impacted my life.
Please understand I am not minimizing or undermining the harm that has been done to the victims of sexual abuse - obviously, they have experienced trauma and pain as well, in ways most of us will never understand. But this doesn’t take away from the fact that Mr. Tait’s family has not committed any crime, although thanks to articles like this one and the inevitable public reaction, they will pay for it dearly.
Tuesday, September 27, 2011
CO - Letter I am sending to Colorado
Labels: Colorado , Letters , UserSubmitted
The following was sent in via the "Contact Us" form, and posted with their permission, as sent. We are not sure which post is being referred to, though.
From BK:
In one of your previous articles you had made mention of how folks need to start standing up more. Well I have been fighting the issues I have with all these laws. In other words, I am in a constant state of trouble over all the changes that take place. I have spent quite a few years fighting back. My time and sentence long since over. But still the absurdity of it all keeps changing and keeps resentincing on the original "crime."
Anyway long story short I have spent 9 years on appeals from the original case and now on the failure to register I am starting those appeals. I am one of the individuals from Ohio who has been put through the mill so much it has almost become second nature.
Currently I am fighting Colorado who charged me with failure to register. Even though I had no obligation to register. I even went to trial and was still found guilty. Even with the proof from Ohio that I had no requirement to register. Anyway I am fighting the Colorado department of public safety who has me registering even though I do not live in Colorado. I live in another state who is actually abiding by Ohios ruling and does not have me on the registry. But Colorado does and basically my response to them explains what thier reasoning is. It is basically a setup.
I basically wanted to share this letter so that others can see that you do have to fight from every way you can. I am not a genius and this is probably not the best written letter. But to me it doesn't matter because I am going to keep going and keep fighting. In my opinion they have created this "war" and it is my life they are taking. For every dollar I have to spend in fighting back I want them to spend 100 dollars to fight me. That is the whole point of it. You can not stop fighting back and it has to cost them more then it does you.
I hope my letter is a good read. I will of course submit the reply. If you chose to post this great. If not I fully understand. I have sent this to the Attorney General, the Governor, Department of Public Safety, and the DA for both counties.
Thanks for listening and I hope others get some encouragement. If you choose not to post this I understand.
Colorado Department of Public Safety
Judy Kinyon
690 Kipling St
Suite 3000
Denver, Colorado 80215
September 27, 2011
Dear Ms. Kinyon,
I am in receipt of your letter dated August 25, 2011. After careful review and study of all facts in this matter I have found no basis for the claims you have outlined. There is no law outlined, no court order, or any requirement for me to be on the Colorado or any other registry. The simple fact that I am placed on their only serves the current purpose of vigilante style justice.
To be very clear on this whole matter, you must provide proof of a requirement to register. You simply have not done this. There is not, nor has there ever been any requirement to register for failing to register. It is not in any Colorado law book and simply does not exist. Further do you have any such court order from the respective courts in these cases? The answer of course is no. The courts in both Douglas County and Arapahoe County did in fact determine that this was a non registerable offense. This now puts your department in direct violation of your own laws and further in violation of the court’s decision.
Secondly on March 3, 2011 I was no longer required to register for the Ohio offense. Unless you can provide proof from Ohio, Then again you also are in violation of the law as it is written. No state (Including Colorado) can increase a punishment for any crime EX POST FACTO.
Colorado does not have authority to increase the original sentence or to change the requirements. This is punitive in nature and not civil. In thus changing another courts sentence does in fact make this illegal in all respects.
In addition it is and still remains Colorado who in fact erred buy changing the original decision from a 10 year to a lifetime. This was done by your very own department and done after the fact . It was based on information from Ohio that was improper at the time and was used improperly. This was never done, as the law in Colorado states very clearly, by a sentencing court. But rather this was done by an individual who chose to make the decision based on irrelevant facts. Those facts have in fact changed, and the courts in every instance have upheld the decision. I have enclosed this information for your reading.
The decision of your department at that time in 2007 to change this information, was in fact improper, and illegal. I have the original paperwork from Douglas County with regard to this. It states very clearly that it was a ten year annual. But instead your department changed it, and did so illegally and without the proper authority. That terms the decision as simple vigilante justice and even makes this to be nothing more than an abuse of authority.
The last issue that is very clear and present is the confusing twist that you have placed on this whole matter. How can I be registered in Colorado when in fact I am not a resident of Colorado? It does not state in the paperwork that you have sent to me that a non resident of the state of Colorado must register with Colorado. That would actually defeat the whole purpose of deregistering! That would also mean that the case in Arapahoe was in fact false charges to bring because by your standard, there is no such thing as de registering. So are you now telling me that Arapahoe made an illegal case? Which they did but for different reasons then the one you have claimed by your statement.
To add to all of what has been stated in your letter you claim that I have to petition the courts to do this. Of course you made sure not to tell me which court or where. Or is the true reason because there is no petition for someone who is actually not a resident and not under Colorado’s authority? I think the latter is the actual truth here.
But that fact aside you still can not have someone register who is not a resident. Can you show me in the law that you sent to me where it says that non residents must register? No because it does not say that. In addition if you are forcing this registration can you even explain how I am supposed to register? The whole premise of what you are claiming is absurd? Keep in mind you have me on the registry that you can not even offer legitimate legal proof that I am required to be on. But I am supposed to register with a state that I don’t even reside in? How exactly do we do that? We can’t can we?
So again we are simply dealing with a law that doe not exsist, a registration that is not required, and self made vigilante style of thought.
Now that I have provided the very reasons that you are in fact wrong in this issue I am going to make this statement very clear. I am not under any requirement anywhere to register and further I am not bound by the state of Colorado in any way shape or form to this registry.
As of may 18th of 2011 I no longer resided in the state of Colorado and all duties and obligations to the state and the registry ceased. The correct paperwork was signed to deregister me. Which also means this. that as of May 18th the State of Colorado is, and as of the date of this letter, remains in error and by the letter that you have written, further refuses to acknowledge or correct this error. The State of Colorado is also in violation of its own laws and its own constitution. The State of Colorado is in fact causing harm to another individual, and is doing so with complete malice and ill intent. The state of Colorado is also abusing it’s power and authority with the intent to harm another. The state of Colorado has also chosen to act without authority and to re sentence and individual that it does not have jurisdiction over or to do so. The state of Colorado further lays claim to registry requirements that it does not have any such finding of fact upon. Nor can they provide any such finding. The state of Colorado also is acting with bias and complete malice by not informing this individual that the state has in fact changed the courts decision and has instead left that in the hands of a department that has little to no oversight.
I contend that the state of Colorado has made to many errors and is acting with complete malice and full disregard for the law. The state of Colorado is in fact causing harm to be done at this point in time. The state of Colorado is causing harm to be done that can not be reversed or undone.
With no evidence or court documentation and the several acts by which the state of Colorado has taken. It is deemed that the state is in fact grievous in it’s errors and refuses to correct or provide proper course of action to correct the actions. The state again offers no proof of how they can do this or a court order. Nothing anywhere states that a non resident must register with the state of Colorado for non registerable offenses.
Therefore Unless a court order is provided it must be taken as fact the above statements. The state now owes an obligation to the individual, namely myself. I do state now that damages are owed in a matter such as this. Those damages are at a cost of 1,000,000.00 per day for a current total that is owed of May 18th-September 27, 2011. This currently totals 132 days or a grand total of 132 Million. In addition the removal of my name from the registry must first and foremost take place.
I am granting 30 days upon receipt of this letter for the states answer. If within those thirty days my name is removed, I will be happy to renegotiate. Otherwise I will continue to tally the damages until a court order is entered with a judgement upon the state of Colorado.
Sincerely,
__________________________
From BK:
In one of your previous articles you had made mention of how folks need to start standing up more. Well I have been fighting the issues I have with all these laws. In other words, I am in a constant state of trouble over all the changes that take place. I have spent quite a few years fighting back. My time and sentence long since over. But still the absurdity of it all keeps changing and keeps resentincing on the original "crime."
Anyway long story short I have spent 9 years on appeals from the original case and now on the failure to register I am starting those appeals. I am one of the individuals from Ohio who has been put through the mill so much it has almost become second nature.
Currently I am fighting Colorado who charged me with failure to register. Even though I had no obligation to register. I even went to trial and was still found guilty. Even with the proof from Ohio that I had no requirement to register. Anyway I am fighting the Colorado department of public safety who has me registering even though I do not live in Colorado. I live in another state who is actually abiding by Ohios ruling and does not have me on the registry. But Colorado does and basically my response to them explains what thier reasoning is. It is basically a setup.
I basically wanted to share this letter so that others can see that you do have to fight from every way you can. I am not a genius and this is probably not the best written letter. But to me it doesn't matter because I am going to keep going and keep fighting. In my opinion they have created this "war" and it is my life they are taking. For every dollar I have to spend in fighting back I want them to spend 100 dollars to fight me. That is the whole point of it. You can not stop fighting back and it has to cost them more then it does you.
I hope my letter is a good read. I will of course submit the reply. If you chose to post this great. If not I fully understand. I have sent this to the Attorney General, the Governor, Department of Public Safety, and the DA for both counties.
Thanks for listening and I hope others get some encouragement. If you choose not to post this I understand.
Colorado Department of Public Safety
Judy Kinyon
690 Kipling St
Suite 3000
Denver, Colorado 80215
September 27, 2011
Dear Ms. Kinyon,
I am in receipt of your letter dated August 25, 2011. After careful review and study of all facts in this matter I have found no basis for the claims you have outlined. There is no law outlined, no court order, or any requirement for me to be on the Colorado or any other registry. The simple fact that I am placed on their only serves the current purpose of vigilante style justice.
To be very clear on this whole matter, you must provide proof of a requirement to register. You simply have not done this. There is not, nor has there ever been any requirement to register for failing to register. It is not in any Colorado law book and simply does not exist. Further do you have any such court order from the respective courts in these cases? The answer of course is no. The courts in both Douglas County and Arapahoe County did in fact determine that this was a non registerable offense. This now puts your department in direct violation of your own laws and further in violation of the court’s decision.
Secondly on March 3, 2011 I was no longer required to register for the Ohio offense. Unless you can provide proof from Ohio, Then again you also are in violation of the law as it is written. No state (Including Colorado) can increase a punishment for any crime EX POST FACTO.
Colorado does not have authority to increase the original sentence or to change the requirements. This is punitive in nature and not civil. In thus changing another courts sentence does in fact make this illegal in all respects.
In addition it is and still remains Colorado who in fact erred buy changing the original decision from a 10 year to a lifetime. This was done by your very own department and done after the fact . It was based on information from Ohio that was improper at the time and was used improperly. This was never done, as the law in Colorado states very clearly, by a sentencing court. But rather this was done by an individual who chose to make the decision based on irrelevant facts. Those facts have in fact changed, and the courts in every instance have upheld the decision. I have enclosed this information for your reading.
The decision of your department at that time in 2007 to change this information, was in fact improper, and illegal. I have the original paperwork from Douglas County with regard to this. It states very clearly that it was a ten year annual. But instead your department changed it, and did so illegally and without the proper authority. That terms the decision as simple vigilante justice and even makes this to be nothing more than an abuse of authority.
The last issue that is very clear and present is the confusing twist that you have placed on this whole matter. How can I be registered in Colorado when in fact I am not a resident of Colorado? It does not state in the paperwork that you have sent to me that a non resident of the state of Colorado must register with Colorado. That would actually defeat the whole purpose of deregistering! That would also mean that the case in Arapahoe was in fact false charges to bring because by your standard, there is no such thing as de registering. So are you now telling me that Arapahoe made an illegal case? Which they did but for different reasons then the one you have claimed by your statement.
To add to all of what has been stated in your letter you claim that I have to petition the courts to do this. Of course you made sure not to tell me which court or where. Or is the true reason because there is no petition for someone who is actually not a resident and not under Colorado’s authority? I think the latter is the actual truth here.
But that fact aside you still can not have someone register who is not a resident. Can you show me in the law that you sent to me where it says that non residents must register? No because it does not say that. In addition if you are forcing this registration can you even explain how I am supposed to register? The whole premise of what you are claiming is absurd? Keep in mind you have me on the registry that you can not even offer legitimate legal proof that I am required to be on. But I am supposed to register with a state that I don’t even reside in? How exactly do we do that? We can’t can we?
So again we are simply dealing with a law that doe not exsist, a registration that is not required, and self made vigilante style of thought.
Now that I have provided the very reasons that you are in fact wrong in this issue I am going to make this statement very clear. I am not under any requirement anywhere to register and further I am not bound by the state of Colorado in any way shape or form to this registry.
As of may 18th of 2011 I no longer resided in the state of Colorado and all duties and obligations to the state and the registry ceased. The correct paperwork was signed to deregister me. Which also means this. that as of May 18th the State of Colorado is, and as of the date of this letter, remains in error and by the letter that you have written, further refuses to acknowledge or correct this error. The State of Colorado is also in violation of its own laws and its own constitution. The State of Colorado is in fact causing harm to another individual, and is doing so with complete malice and ill intent. The state of Colorado is also abusing it’s power and authority with the intent to harm another. The state of Colorado has also chosen to act without authority and to re sentence and individual that it does not have jurisdiction over or to do so. The state of Colorado further lays claim to registry requirements that it does not have any such finding of fact upon. Nor can they provide any such finding. The state of Colorado also is acting with bias and complete malice by not informing this individual that the state has in fact changed the courts decision and has instead left that in the hands of a department that has little to no oversight.
I contend that the state of Colorado has made to many errors and is acting with complete malice and full disregard for the law. The state of Colorado is in fact causing harm to be done at this point in time. The state of Colorado is causing harm to be done that can not be reversed or undone.
With no evidence or court documentation and the several acts by which the state of Colorado has taken. It is deemed that the state is in fact grievous in it’s errors and refuses to correct or provide proper course of action to correct the actions. The state again offers no proof of how they can do this or a court order. Nothing anywhere states that a non resident must register with the state of Colorado for non registerable offenses.
Therefore Unless a court order is provided it must be taken as fact the above statements. The state now owes an obligation to the individual, namely myself. I do state now that damages are owed in a matter such as this. Those damages are at a cost of 1,000,000.00 per day for a current total that is owed of May 18th-September 27, 2011. This currently totals 132 days or a grand total of 132 Million. In addition the removal of my name from the registry must first and foremost take place.
I am granting 30 days upon receipt of this letter for the states answer. If within those thirty days my name is removed, I will be happy to renegotiate. Otherwise I will continue to tally the damages until a court order is entered with a judgement upon the state of Colorado.
Sincerely,
__________________________
Make Changes to Residency Restrictions
Labels: DocEmbedded , Forums , Letters , UserSubmitted
The following was posted in the forums by "noprimenumbers," and can be downloaded from our archives.
I have completed a PDF form that I believe will help in getting the residency restrictions lifted.
Once used it can do a number of things that are needed for proving that these restrictions are illegal. The Idea is to get an attorney to submit it as a formal request for distances to be measured. It can then be used in court as evidence that laws and rights are being violated. If the attorney can't get anyone to acknowledge the form it can go to court to have the judge force it to be done. In Missouri if the judge forces the Sheriffs office to perform this task then the judge would be violating State laws that would require the judge to have the Elected County Surveyor to perform the measurements.
This form should be reviewed by and adjusted by an attorney for each state so that it would enforce compliance with all of the laws without actually telling them what those laws are. The only law actually listed is the applicable sex offender law. Yes, this could be seen as a form of entrapment but it would be equal to what is done by law enforcement in the sex stings that they use. They don't have to tell that guy on the other end of the computer everything and we don't have to tell the person on the other end of that paper everything. In both cases the responsibility of knowing and following the law is clear. The only thing that the sex offender is and should be concerned with is the law that affects them. It is the responsibility of the State to issue rules and guidelines along with proper training to ensure compliance with other state laws. This, however, is not done so the result is that the State failed to fulfill its duties and obligations as the finalized form would show.
If you are lost on this subject and need help in understanding what I am talking about please ask (in the forums).
I have completed a PDF form that I believe will help in getting the residency restrictions lifted.
Once used it can do a number of things that are needed for proving that these restrictions are illegal. The Idea is to get an attorney to submit it as a formal request for distances to be measured. It can then be used in court as evidence that laws and rights are being violated. If the attorney can't get anyone to acknowledge the form it can go to court to have the judge force it to be done. In Missouri if the judge forces the Sheriffs office to perform this task then the judge would be violating State laws that would require the judge to have the Elected County Surveyor to perform the measurements.
This form should be reviewed by and adjusted by an attorney for each state so that it would enforce compliance with all of the laws without actually telling them what those laws are. The only law actually listed is the applicable sex offender law. Yes, this could be seen as a form of entrapment but it would be equal to what is done by law enforcement in the sex stings that they use. They don't have to tell that guy on the other end of the computer everything and we don't have to tell the person on the other end of that paper everything. In both cases the responsibility of knowing and following the law is clear. The only thing that the sex offender is and should be concerned with is the law that affects them. It is the responsibility of the State to issue rules and guidelines along with proper training to ensure compliance with other state laws. This, however, is not done so the result is that the State failed to fulfill its duties and obligations as the finalized form would show.
If you are lost on this subject and need help in understanding what I am talking about please ask (in the forums).
Friday, August 26, 2011
Contact Congress: Your Letters
Original Article
08/25/2011
By Donny Shaw
As congressional approval reaches new lows, it’s more important than ever that people have a reliable public forum for communicating with their members of Congress. Yet, as we’ve seen during this August recess, communicating with Congress is actually getting more difficult. Less than half of senators and representatives are holding public town hall meetings this year. Constituents trying to speak with their members are being threatened with arrest, and those fortunate enough to be able to attend meetings are having their rights to document the public events violated by police.
Clearly we need better channels for open discourse between the public and their elected officials. That’s what motivated us to build our free and open-source suite of OpenCongress v.3 tools, which put engaging with Congress at the center of the site experience.
Until now, to email members of Congress people had to visit separate websites for their three lawmakers, fill out three different web forms, and submit messages via an opaque system that, frankly, feels like it feeds to a paper shredder at the other end. With our Contact-Congress tool, now you can email all three of your lawmakers at the same time, get a custom permalink to your letter, share it with your social networks, and track responses on a public forum. Plus, our unique message-builder platform makes it easy to add campaign finance information relevant to your topic, important bits of legislative text, comments from peers, and more in one click. Full details of how that works here.
Since we launched OpenCongress v.3 about one month ago, we’ve delivered more than 1,500 original messages to Congress about specific pieces of pending legislation. That may not sound like a lot compared to the numbers organization get with their petitions and form letters, but these are all individually-crafted, personalized and detail-rich messages, which research shows have a much stronger impact on members of Congress. According to a study from the Congressional Management Foundation, “Only 3% of staff surveyed say identical form postal mail would have ‘a lot’ of influence on their Member of Congress if he/she had not reached a decision. In contrast, 44% report individualized postal letters would have ‘a lot’ of influence.” And, in case you’re wondering, email and postal mail are equally influential to an undecided Member.
08/25/2011
By Donny Shaw
As congressional approval reaches new lows, it’s more important than ever that people have a reliable public forum for communicating with their members of Congress. Yet, as we’ve seen during this August recess, communicating with Congress is actually getting more difficult. Less than half of senators and representatives are holding public town hall meetings this year. Constituents trying to speak with their members are being threatened with arrest, and those fortunate enough to be able to attend meetings are having their rights to document the public events violated by police.
Clearly we need better channels for open discourse between the public and their elected officials. That’s what motivated us to build our free and open-source suite of OpenCongress v.3 tools, which put engaging with Congress at the center of the site experience.
Until now, to email members of Congress people had to visit separate websites for their three lawmakers, fill out three different web forms, and submit messages via an opaque system that, frankly, feels like it feeds to a paper shredder at the other end. With our Contact-Congress tool, now you can email all three of your lawmakers at the same time, get a custom permalink to your letter, share it with your social networks, and track responses on a public forum. Plus, our unique message-builder platform makes it easy to add campaign finance information relevant to your topic, important bits of legislative text, comments from peers, and more in one click. Full details of how that works here.
Since we launched OpenCongress v.3 about one month ago, we’ve delivered more than 1,500 original messages to Congress about specific pieces of pending legislation. That may not sound like a lot compared to the numbers organization get with their petitions and form letters, but these are all individually-crafted, personalized and detail-rich messages, which research shows have a much stronger impact on members of Congress. According to a study from the Congressional Management Foundation, “Only 3% of staff surveyed say identical form postal mail would have ‘a lot’ of influence on their Member of Congress if he/she had not reached a decision. In contrast, 44% report individualized postal letters would have ‘a lot’ of influence.” And, in case you’re wondering, email and postal mail are equally influential to an undecided Member.
Tuesday, April 26, 2011
CA - Letter I wrote to Ca. Dept of Public Safety (From Anonymous)
Labels: California , Letters , UserSubmitted
I sent this to California Public Safety Committee today.
03/23/2011
Re: AB 625 (PDF)
Assemblyman Ammiano,
I have waited many years for someone to come forward to speak the truth about Sex Offender Registration. ALL cases are different and I can only speak about my experience of being registered.
I was convicted of PC 288 Lewd and Lascivious conduct with a child under 14. I never denied it and accepted responsibility. I had never done anything wrong in my life previous to that and 15 years later, much smarter and wiser, have led a crime free life.
After my conviction in 1997, and the loss of my job, home and some friends. (I didn’t go to prison just probation) I knew I needed to figure out why I made a very bad choice. After 5 years of court ordered group therapy plus individual therapy, which I did on my own, I felt I was ready to move on with my life. I was lucky my wife and family stayed with me. A new beginning and a second chance, so I thought. In 2004 the state went on-line with the registry and the worst hell anyone with a family could imagine. My kids were shunned by some school mates, my son was kicked out of his hockey club, my wife lost friends…again, I was banned by AYSO soccer. I was just a dad wanting to support his daughter I wasn’t a coach or some guy hanging out at the park. I couldn’t believe I was being punished again. I have to watch my daughter cry every time she has a game because she wants me to go. We have had our cars broken into 3 times our house robbed and a crazy woman walked right into my backyard and verbally accosted me. Screaming at me and threatening to make sure I’m “out of the neighborhood.” Very scary considering sex offenders have been killed in their homes and I have three kids at home. I don’t sleep at night. All of this 15 years AFTER my conviction.
It seems as though I am living a life just waiting for the next ball to drop and there is always something with this. Just today I saw that Orange County passed a law that no sex offenders are allowed in county parks or beaches. I also saw that Assemblyman Cook has introduced 884 (PDF) which would notify my neighbors 1000 feet in all directions. I see the signs and protesting in front of my house already. My god the slow banishment from society is a reality as a registered sex offender with no chance to prove yourself. I guess this is what has prompted me to write.
While I would agree that there are some sex offenders who pose a risk to society the majority do not. In fact according to research 95% of those on the list in California do not. I would just like to be able to have a roof over my families head and put food on the table. Live a stable life without fear of someone finding out I’m on “the list” and losing my job. Being able to walk out of my house without the fear of being jumped or beat up in front of my kids. These things are happening all over the country just Google it. I constantly fear that I will be eventually tossed out of my house and will be separated from my family. This is also happening. Didn’t the Nazi’s do this to the Jews, Gypsies, Homosexuals, and people with retardations or mentally ill?
I was once told by a county social worker that it will be my actions not my words that will show who I truly am. I believe I have earned a chance to be a productive member of society, however, it is nearly impossible to do that being on the registry.
I ask you, and my family asks you, to add in your legislation that sex offenders with families, who have been on the list for over 10 years and have led a crime free life, be given a chance to appeal their placement on the registry. Many good families will not survive if some action is not taken.
Thank you for your time,
(I would give my name but I don’t want to lose my job)
03/23/2011
Re: AB 625 (PDF)
Assemblyman Ammiano,
I have waited many years for someone to come forward to speak the truth about Sex Offender Registration. ALL cases are different and I can only speak about my experience of being registered.
I was convicted of PC 288 Lewd and Lascivious conduct with a child under 14. I never denied it and accepted responsibility. I had never done anything wrong in my life previous to that and 15 years later, much smarter and wiser, have led a crime free life.
After my conviction in 1997, and the loss of my job, home and some friends. (I didn’t go to prison just probation) I knew I needed to figure out why I made a very bad choice. After 5 years of court ordered group therapy plus individual therapy, which I did on my own, I felt I was ready to move on with my life. I was lucky my wife and family stayed with me. A new beginning and a second chance, so I thought. In 2004 the state went on-line with the registry and the worst hell anyone with a family could imagine. My kids were shunned by some school mates, my son was kicked out of his hockey club, my wife lost friends…again, I was banned by AYSO soccer. I was just a dad wanting to support his daughter I wasn’t a coach or some guy hanging out at the park. I couldn’t believe I was being punished again. I have to watch my daughter cry every time she has a game because she wants me to go. We have had our cars broken into 3 times our house robbed and a crazy woman walked right into my backyard and verbally accosted me. Screaming at me and threatening to make sure I’m “out of the neighborhood.” Very scary considering sex offenders have been killed in their homes and I have three kids at home. I don’t sleep at night. All of this 15 years AFTER my conviction.
It seems as though I am living a life just waiting for the next ball to drop and there is always something with this. Just today I saw that Orange County passed a law that no sex offenders are allowed in county parks or beaches. I also saw that Assemblyman Cook has introduced 884 (PDF) which would notify my neighbors 1000 feet in all directions. I see the signs and protesting in front of my house already. My god the slow banishment from society is a reality as a registered sex offender with no chance to prove yourself. I guess this is what has prompted me to write.
While I would agree that there are some sex offenders who pose a risk to society the majority do not. In fact according to research 95% of those on the list in California do not. I would just like to be able to have a roof over my families head and put food on the table. Live a stable life without fear of someone finding out I’m on “the list” and losing my job. Being able to walk out of my house without the fear of being jumped or beat up in front of my kids. These things are happening all over the country just Google it. I constantly fear that I will be eventually tossed out of my house and will be separated from my family. This is also happening. Didn’t the Nazi’s do this to the Jews, Gypsies, Homosexuals, and people with retardations or mentally ill?
I was once told by a county social worker that it will be my actions not my words that will show who I truly am. I believe I have earned a chance to be a productive member of society, however, it is nearly impossible to do that being on the registry.
I ask you, and my family asks you, to add in your legislation that sex offenders with families, who have been on the list for over 10 years and have led a crime free life, be given a chance to appeal their placement on the registry. Many good families will not survive if some action is not taken.
Thank you for your time,
(I would give my name but I don’t want to lose my job)
Tuesday, April 19, 2011
Monday, May 17, 2010
How to Write Letters to Congress
Original ArticleBy Robert Longley
So, you're going to write your Congressman? Good idea. Make it a good letter.
People who think members of Congress pay little or no attention to constituent mail, are plain wrong. Concise, well thought out personal letters are one of the most effective ways Americans have of influencing law-makers. But, members of Congress get hundreds of letters and emails every day. Whether you choose to use the Postal Service or email, here are some tips that will help your letter have impact.
Think Locally
It's usually best to send letters to the representative from your local Congressional District or the senators from your state. Your vote helps elect them -- or not -- and that fact alone carries a lot of weight. It also helps personalize your letter. Sending the same "cookie-cutter" message to every member of Congress may grab attention but rarely much consideration.
Keep it Simple
Your letter should address a single topic or issue. Typed, one-page letters are best. Many PACs (Political Action Committees) recommend a three-paragraph letter structured like this:
- Say why you are writing and who you are. List your "credentials." (If you want a response, you must include your name and address, even when using email.)
- Provide more detail. Be factual not emotional. Provide specific rather than general information about how the topic affects you and others. If a certain bill is involved, cite the correct title or number whenever possible.
- Close by requesting the action you want taken: a vote for or against a bill, or change in general policy.
The best letters are courteous, to the point, and include specific supporting examples.
Addressing Members of Congress
To Your Senator:
The Honorable (full name)
(Room #) (Name) Senate Office Building
United States Senate
Washington, DC 20510
Dear Senator:
To Your Representative:
The Honorable (full name)
(Room #) (Name) House Office Building
United States House of Representatives
Washington, DC 20515
Dear Representative:
The above addresses should be used in email messages, as well as those sent through the Postal Service.
Finding Their Addresses
Senate and House of Representatives
U.S. Senators (web sites and mailing addresses)
Write Your U.S. Representative (A service of the House that will assist you by identifying your Congressperson in the U.S. House of Representatives and providing contact information.
U.S. Supreme Court
Contact Information - US Supreme Court
The Justices do not have email addresses, but they do read letters from citizens.
To Conclude
Here are some key things you should always and never do in writing to your elected representatives.
- Be courteous and respectful without "gushing."
- Clearly and simply state the purpose of your letter. If it's about a certain bill, identify it correctly. If you need help in finding the number of a bill, use the Thomas Legislative Information System.
- Say who you are. Anonymous letters go nowhere. Even in email, include your correct name, address, phone number and email address. If you don't include at least your name and address, you will not get a response.
- State any professional credentials or personal experience you may have, especially those pertaining to the subject of your letter.
- Keep your letter short -- one page is best.
- Use specific examples or evidence to support your position.
- State what it is you want done or recommend a course of action.
- Thank the member for taking the time to read your letter.
Never
- Use vulgarity, profanity, or threats. The first two are just plain rude and the third one can get you a visit from the Secret Service. Simply stated, don't let your passion get in the way of making your point,
- Fail to include your name and address, even in email letters.
- Demand a response.
Saturday, February 27, 2010
Original Sex Offender Issues Author's Story
Labels: Georgia , Letters , OurThoughts , Survivor , UserSubmitted
The following is the email I sent to all state legislature and senators on 02-27-2010, with only ONE responding!
To whom it may concern,
Introduction:
My name is not important, but I am a registered sex offender living in the state of Georgia. My original crime was back in 1988/89 of exposing myself to an 11 year old female, whom I did not know. I did not molest, rape or even touch her, this lasted, maybe, 10 seconds. So I have been on the registry since that day, and labeled a child molester, even though the registry did not exist at the time of my crime, and I believe that is an ex post facto law? I will not deny what I did, because I did commit the crime. I wish I could turn back time, but I cannot! So all I can try to do is move forward the best I can, but with all the new laws, that is almost impossible. Also, not to minimize my crime, because I can't, but I was also molested as a child, several times, by a family member. And ever since I started this blog and came forward, many people online have attacked me, posted lies and disinformation on their web sites and blogs. I choose to not dwell on the past, as much as I possibly can, but because I am on the registry and being punished for life, that is very hard to do. I think about this every single day of my life.
The very laws you are making and passing, is making people homeless, jobless and leaving them with no hope. And we all know that instability will increase the likelihood of someone committing another crime. When someone has nothing to look forward to in life, it’s only a matter of time before they abscond, or worse.
In 1995 I did get a programming job, and before I was hired, I did tell the owner (my boss) all about my crime. He still agreed to hire me, and he even tried to help me get off the registry, sometime in 1996 or so, but that did not work out, as expected by me. And he knew everything, I even showed him the court documents.
Anyway, I have since lost my job in 2006, after the company I worked for, was bought out by another company. When the new company did background checks, I was immediately fired without any explanation. But, I know why. Since that day in 2006, I have not been able to find any work, have had to move over and over again, due to it being almost impossible to find any place to stay that is within the law. I had moved about 9 times when finally my father and I decided to move to South Georgia, to be around family. Well, there are not many decent paying jobs around here either, so I am still out of work, and if not for my father, I’d probably be homeless and potentially living under the Julia Tuttle Causeway with the 100 or so modern day lepers created by the state of Florida. Thank God I had saved some money while working for the company for just over 11 years, but that money will eventually be gone, then what?
All across the country people are being made homeless. I have documented many cases of this (here), but the worst (that I am aware of), has been in Florida, Georgia and California. How is making offenders move away from family a friends to live under a bridge or in the woods, making anybody safe? Now Ron Book, a vengeful lobbyist in Florida, is tearing down the encampment that was created due to his lobbying for the very laws that are making people homeless. And he is the head of the Miami Date Homeless Trust?
In Georgia, Jerry Keen (I know he may read this) and many others are a part of the Georgia Christian Coalition. That appears to be very hypocritical to me. Would Jesus Christ really do what you folks are doing to thousands of offenders, not including their families as well? I don’t think so! We have lost our way, in my opinion. Just throwing people in prison for many years without treatment, and when they get out, make it almost impossible for them to survive, will not solve anything, it will ultimately create more crime or cause the offenders to abscond.
I do not claim to have all the answers, far from it, but surely you cannot truly believe what you are doing is right?
About the laws:
Since I was fired in 2006, I have since started a blog on the sex offender laws, news and issues. And I cannot count the number of times I have been attacked online via emails, comments on news forums, articles, etc. I know much of what has been said to me, is free speech, but I have many snap shots of everything over the years, and I am sure some of what was said, done, etc, is against the law. Vigilantism is on the rise among sex offenders, and needs to be stopped. Why doesn’t Georgia (GBI) have any warning on the sex offender registries about using or misusing the information to harass or harm any offenders, or their family members? This needs to be done. And below is a sample image, which I got from another registry (can’t remember which state), which I believe should be placed on all registry web sites.

I have written to you all in the past, but only one person responded back. That was a real shock to me. Does what I have to say not matter? If not, why? I know I did commit a crime, and I paid (or thought I paid) for my crime, but I am now told I’ll be on the registry for life now, even though I am considered a Level 1 (low risk) offender. Why is there not any way for a person to get off the registry? Why should I have to face a lifetime of punishment and humiliation for one crime I committed over 20 years ago? Why do we not do something similar to ALL criminals? Why just sex offenders?
I have written a long article about my thoughts on these laws, which I have sent to you all several times, but as usual, none of you responded.
When will “tough” be tough enough? When all offenders are either in prison or dead?
If that is the case, then why don’t you just get on the evening news, at the capitol, and shoot me in the head and get this over with? Even Germany is in Florida making a documentary on the homeless offenders forced to live under a bridge, and that should seriously raise some red flags.
When you are forcing thousands of people into homelessness, joblessness and hopelessness, it’s only a matter of time before they do something bad, or just vanish. Any animal, when backed into a corner, will eventually bite. And no, I am not advocating anybody to do that! That would be stupid, but, think about it. Some people out there will lash out, and some have.
You can see all my thoughts, here (and please do read it, when you can)
I know sex offender laws are a touchy subject, and could make or break a person’s career, but I think we are heading in the wrong direction. We should be working on prevention, education and rehabilitation. Many people put into prison, and I’m sure they will tell you this, get little or NO treatment in prison, they are told to get help once they get out of prison, and when they are homeless and jobless, how are they suppose to do that? So, back to prison they go and the merry-go-round continues.
I was going to write up another long email, hoping you would read it, but you probably won’t, as expected, but I just wanted to voice my opinion, frustration and anger over these laws. You folks took an oath of office to defend the US and State Constitutions, and in my opinion, you are not doing that, but are trampling on our rights.
If a person has been charged, convicted and sentenced, and has now been released from prison and done everything required of them, by making ex post facto laws, you are basically tearing up the original contract (see contract clause) and punishing them again, and again, and again. That is totally wrong!
I am not a threat to anybody, and I think being 20 years offense free, is proof of that, yet I’ll be an offender for the rest of my life. What the hell do I have to look forward to, except more and more punishment? Like I said, just kill me now and be done with it!
PLEASE TAKE THE TIME AND READ OUR THOUGHTS, HERE!!!
Peace & God Bless!
ZMan!
To whom it may concern,
Introduction:
My name is not important, but I am a registered sex offender living in the state of Georgia. My original crime was back in 1988/89 of exposing myself to an 11 year old female, whom I did not know. I did not molest, rape or even touch her, this lasted, maybe, 10 seconds. So I have been on the registry since that day, and labeled a child molester, even though the registry did not exist at the time of my crime, and I believe that is an ex post facto law? I will not deny what I did, because I did commit the crime. I wish I could turn back time, but I cannot! So all I can try to do is move forward the best I can, but with all the new laws, that is almost impossible. Also, not to minimize my crime, because I can't, but I was also molested as a child, several times, by a family member. And ever since I started this blog and came forward, many people online have attacked me, posted lies and disinformation on their web sites and blogs. I choose to not dwell on the past, as much as I possibly can, but because I am on the registry and being punished for life, that is very hard to do. I think about this every single day of my life.
The very laws you are making and passing, is making people homeless, jobless and leaving them with no hope. And we all know that instability will increase the likelihood of someone committing another crime. When someone has nothing to look forward to in life, it’s only a matter of time before they abscond, or worse.
In 1995 I did get a programming job, and before I was hired, I did tell the owner (my boss) all about my crime. He still agreed to hire me, and he even tried to help me get off the registry, sometime in 1996 or so, but that did not work out, as expected by me. And he knew everything, I even showed him the court documents.
Anyway, I have since lost my job in 2006, after the company I worked for, was bought out by another company. When the new company did background checks, I was immediately fired without any explanation. But, I know why. Since that day in 2006, I have not been able to find any work, have had to move over and over again, due to it being almost impossible to find any place to stay that is within the law. I had moved about 9 times when finally my father and I decided to move to South Georgia, to be around family. Well, there are not many decent paying jobs around here either, so I am still out of work, and if not for my father, I’d probably be homeless and potentially living under the Julia Tuttle Causeway with the 100 or so modern day lepers created by the state of Florida. Thank God I had saved some money while working for the company for just over 11 years, but that money will eventually be gone, then what?
All across the country people are being made homeless. I have documented many cases of this (here), but the worst (that I am aware of), has been in Florida, Georgia and California. How is making offenders move away from family a friends to live under a bridge or in the woods, making anybody safe? Now Ron Book, a vengeful lobbyist in Florida, is tearing down the encampment that was created due to his lobbying for the very laws that are making people homeless. And he is the head of the Miami Date Homeless Trust?
In Georgia, Jerry Keen (I know he may read this) and many others are a part of the Georgia Christian Coalition. That appears to be very hypocritical to me. Would Jesus Christ really do what you folks are doing to thousands of offenders, not including their families as well? I don’t think so! We have lost our way, in my opinion. Just throwing people in prison for many years without treatment, and when they get out, make it almost impossible for them to survive, will not solve anything, it will ultimately create more crime or cause the offenders to abscond.
I do not claim to have all the answers, far from it, but surely you cannot truly believe what you are doing is right?
About the laws:
Since I was fired in 2006, I have since started a blog on the sex offender laws, news and issues. And I cannot count the number of times I have been attacked online via emails, comments on news forums, articles, etc. I know much of what has been said to me, is free speech, but I have many snap shots of everything over the years, and I am sure some of what was said, done, etc, is against the law. Vigilantism is on the rise among sex offenders, and needs to be stopped. Why doesn’t Georgia (GBI) have any warning on the sex offender registries about using or misusing the information to harass or harm any offenders, or their family members? This needs to be done. And below is a sample image, which I got from another registry (can’t remember which state), which I believe should be placed on all registry web sites.

I have written to you all in the past, but only one person responded back. That was a real shock to me. Does what I have to say not matter? If not, why? I know I did commit a crime, and I paid (or thought I paid) for my crime, but I am now told I’ll be on the registry for life now, even though I am considered a Level 1 (low risk) offender. Why is there not any way for a person to get off the registry? Why should I have to face a lifetime of punishment and humiliation for one crime I committed over 20 years ago? Why do we not do something similar to ALL criminals? Why just sex offenders?
I have written a long article about my thoughts on these laws, which I have sent to you all several times, but as usual, none of you responded.
When will “tough” be tough enough? When all offenders are either in prison or dead?
If that is the case, then why don’t you just get on the evening news, at the capitol, and shoot me in the head and get this over with? Even Germany is in Florida making a documentary on the homeless offenders forced to live under a bridge, and that should seriously raise some red flags.
When you are forcing thousands of people into homelessness, joblessness and hopelessness, it’s only a matter of time before they do something bad, or just vanish. Any animal, when backed into a corner, will eventually bite. And no, I am not advocating anybody to do that! That would be stupid, but, think about it. Some people out there will lash out, and some have.
You can see all my thoughts, here (and please do read it, when you can)
I know sex offender laws are a touchy subject, and could make or break a person’s career, but I think we are heading in the wrong direction. We should be working on prevention, education and rehabilitation. Many people put into prison, and I’m sure they will tell you this, get little or NO treatment in prison, they are told to get help once they get out of prison, and when they are homeless and jobless, how are they suppose to do that? So, back to prison they go and the merry-go-round continues.
I was going to write up another long email, hoping you would read it, but you probably won’t, as expected, but I just wanted to voice my opinion, frustration and anger over these laws. You folks took an oath of office to defend the US and State Constitutions, and in my opinion, you are not doing that, but are trampling on our rights.
If a person has been charged, convicted and sentenced, and has now been released from prison and done everything required of them, by making ex post facto laws, you are basically tearing up the original contract (see contract clause) and punishing them again, and again, and again. That is totally wrong!
I am not a threat to anybody, and I think being 20 years offense free, is proof of that, yet I’ll be an offender for the rest of my life. What the hell do I have to look forward to, except more and more punishment? Like I said, just kill me now and be done with it!
PLEASE TAKE THE TIME AND READ OUR THOUGHTS, HERE!!!
Peace & God Bless!
ZMan!
Friday, February 26, 2010
URGENT - GA - Why won't they come? (By Trading My Sorrows)
Labels: Activism , Conference , JohnWalsh , Letters , Urgent , UserSubmitted
Courtesy of "Trading My Sorrows"
Conference Info (Please Attend!)
02/25/2010
I remember the day I had enough. The thought of living under these laws and with the daily stress was overwhelming. It was bad when I cleaned the trash up out of my yard after people drove by screaming obscenities at me. I was shaken from being approached by my neighbor who was calling my husband a child molester when he isn't. I was terrified when a stranger pulled up across the street from my house and took pictures of my son and I out in the yard. I was humiliated when we were ousted at a nearby church we visited. I was upset when I had to move my child to another school for the second time. Finally, I had enough when a woman spotted my husband at the store with my son and called the police because my son was wearing his adorable cub scout outfit and she felt a sex offender wouldn't be anywhere near children. When it reached my child in a way that hurt him, I had enough. He no longer participates in the cub scout program because we either have to make my husband known to all or not come. My husband picked him up from scouts one day and ran an errand for me and now scouts is over...my son can't go to scouts without everyone knowing and he can't go if everyone knew. He misses it and there is nothing we can do...he can't go because his daddy is a sex offender.
The upcoming conference for sex offender reform in Atlanta is my opportunity. It's my chance to let my legislators know that these laws affect me and my son too. It's my chance to share with others the pain and hurt it has caused to innocent people. I've spoken with so many young men who made stupid choices who feel life is not worth living. There is no future and no hope. The world views them all as child raping kidnappers who deserve all the humiliation they have received even when they had consensual sex with an underage minor...some of them are now married to those they "offended" against and are trying to raise their children and lead as normal of a life as they can under the shame of the registry. Could you imagine a mom taking her children to school with a "sex offender" license plate on her car because her husband is on the registry...that is the future that they and I have to look forward too. I've heard people say that it is unfortunate that those who really didn't hurt a child have to register but the public has the right to know who is dangerous. Seriously? People vote for lawmakers on the basis that they continue to make laws that are unconstitutional and put innocent people in danger and so they feel no remorse for those whose lives are ruined so they can "feel" safe? Did my son feel safe on the bus when the kids were telling him his dad was a bad person? Are we safe from the stranger who took our photograph? Are we safe from those who think the worst of our husbands and are capable of burning our house down with us in it? Our address and my husband's sin is on a national registry...are we safe? That is what is happening across America...but you won't hear about it on the news because there is no sympathy for the sex offender and his family.
So I have a chance to tell the world my side of the story they will never hear unless I tell it. I have a chance to tell them that my husband did something stupid and he is sorry for what he did; he has no desire to hurt children. I have a chance to tell them that they are being fed lies from rising politicians who use fear to obtain their vote. There is real research out there and the lies John Walsh and Nancy Grace spout out are based on hatred and not facts.
We sent out thousands of letters. My friend from SOIssues has helped us spread the word to the thousands of members on his site...but the response is less than 10%. We've got enough attendees to make a statement...possibly even to reach a national level...but will it be enough to make change...real change that could come soon? Why are we not filling up a stadium with people who have had enough and who want to learn how to make an impact and a difference? How much worse does it have to get before they will come and support reform? We can't get those unaffected by the registry to stand up...so why won't they who are? We couldn't reach everyone, but for the ones we did, I just don't understand why they won't come.
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
Conference Info (Please Attend!)
02/25/2010
I remember the day I had enough. The thought of living under these laws and with the daily stress was overwhelming. It was bad when I cleaned the trash up out of my yard after people drove by screaming obscenities at me. I was shaken from being approached by my neighbor who was calling my husband a child molester when he isn't. I was terrified when a stranger pulled up across the street from my house and took pictures of my son and I out in the yard. I was humiliated when we were ousted at a nearby church we visited. I was upset when I had to move my child to another school for the second time. Finally, I had enough when a woman spotted my husband at the store with my son and called the police because my son was wearing his adorable cub scout outfit and she felt a sex offender wouldn't be anywhere near children. When it reached my child in a way that hurt him, I had enough. He no longer participates in the cub scout program because we either have to make my husband known to all or not come. My husband picked him up from scouts one day and ran an errand for me and now scouts is over...my son can't go to scouts without everyone knowing and he can't go if everyone knew. He misses it and there is nothing we can do...he can't go because his daddy is a sex offender.
The upcoming conference for sex offender reform in Atlanta is my opportunity. It's my chance to let my legislators know that these laws affect me and my son too. It's my chance to share with others the pain and hurt it has caused to innocent people. I've spoken with so many young men who made stupid choices who feel life is not worth living. There is no future and no hope. The world views them all as child raping kidnappers who deserve all the humiliation they have received even when they had consensual sex with an underage minor...some of them are now married to those they "offended" against and are trying to raise their children and lead as normal of a life as they can under the shame of the registry. Could you imagine a mom taking her children to school with a "sex offender" license plate on her car because her husband is on the registry...that is the future that they and I have to look forward too. I've heard people say that it is unfortunate that those who really didn't hurt a child have to register but the public has the right to know who is dangerous. Seriously? People vote for lawmakers on the basis that they continue to make laws that are unconstitutional and put innocent people in danger and so they feel no remorse for those whose lives are ruined so they can "feel" safe? Did my son feel safe on the bus when the kids were telling him his dad was a bad person? Are we safe from the stranger who took our photograph? Are we safe from those who think the worst of our husbands and are capable of burning our house down with us in it? Our address and my husband's sin is on a national registry...are we safe? That is what is happening across America...but you won't hear about it on the news because there is no sympathy for the sex offender and his family.
So I have a chance to tell the world my side of the story they will never hear unless I tell it. I have a chance to tell them that my husband did something stupid and he is sorry for what he did; he has no desire to hurt children. I have a chance to tell them that they are being fed lies from rising politicians who use fear to obtain their vote. There is real research out there and the lies John Walsh and Nancy Grace spout out are based on hatred and not facts.
We sent out thousands of letters. My friend from SOIssues has helped us spread the word to the thousands of members on his site...but the response is less than 10%. We've got enough attendees to make a statement...possibly even to reach a national level...but will it be enough to make change...real change that could come soon? Why are we not filling up a stadium with people who have had enough and who want to learn how to make an impact and a difference? How much worse does it have to get before they will come and support reform? We can't get those unaffected by the registry to stand up...so why won't they who are? We couldn't reach everyone, but for the ones we did, I just don't understand why they won't come.
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
Report of the Sex Offender Policy Task Force - NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Report of the Sex Offender Policy Task Force (PDF)
Letter (PDF)
Other Documents
02/24/2007
Summary
The following sex offender policy statements were adopted by the Board of Directors of the National Association of Criminal Defense Lawyers by unanimous vote at the Association’s Midwinter Meeting in San Diego, CA, February 24, 2007:
I. NACDL opposes the death penalty as a sanction for sex offenders.
II. NACDL opposes mandatory minimum sentences.
II. NACDL opposes sex offender registration and public notification laws. If employed at all, sex offender registries should classify sex offenders on the basis of risk, with full due process of law. Public/community notification provisions should be reserved for “High Risk” sex offenders.
IV. NACDL opposes civil commitment laws because they punish offenders who have paid their debt to society. If employed at all, sex offender civil commitment statutes should provide a full panoply of due process rights including the right to a jury trial, the right to confront adverse witnesses, the right to present evidence, rules of evidence, a high burden of proof on the government and a process for review and discharge which levels the burden squarely on the government.
V. NACDL opposes residence restrictions because such laws and ordinances do not provide effective community protection and threaten offender stability and reintegration into society.
VI. Sex offender treatment and rehabilitation programs should be adequately funded and available both in our prisons and in the community. Such programs should not include mandatory polygraph examinations and should respect Fifth Amendment rights.
VII. Children are different.
Introduction
The National Association of Criminal Defense Lawyers (NACDL) recognizes that sex offenses and child sexual abuse cause great pain and suffering to victims and their families. NACDL defends the constitutional rights of the accused and former offenders, not the crime itself. We believe that sexual abuse of children and adults should be responsibly investigated and vigorously prosecuted when it is discovered. However, it is important that our society’s vigor in this regard does not impair the need to make criminal justice policy decisions based upon facts, sound scientific research, and evidence, giving due consideration to the rights of both complainants and offenders.
NACDL also recognizes that accusations of child abuse and child sexual abuse may be used as weapons to further the goals of an accuser. In some cases, accusations of child abuse and sexual abuse have turned out to be simply false based upon unsupported theories such as repressed memory, poor interviewing techniques or the simple inability of a child to understand the accusation and its consequences. Thus, when sexual abuse allegations are made it is imperative that the accused have unfettered access to an impartial tribunal, a fair jury, and an error-free determination of the facts. Likewise, an individual who is convicted of a sex offense should not be deprived of his humanity. Reform and rehabilitation of the offender is the most efficient manner in which to ensure the protection of the public. Sex offender sentencing policies should be based upon solid research and evidence; not myth, emotions or public outcry.
In recent years there has been a proliferation of new sex offender laws. Unfortunately, these new laws are for the most part based upon myth and emotion. These laws include sex offender registration and public notification statutes, minimum mandatory sentences, civil commitment for offenders who have already served a sentence, and efforts to apply the death penalty against offenders who have not killed anyone. These laws differ from jurisdiction to jurisdiction but all of them extend unwise mandatory consequences to an entire “class” of offenders regardless of the details of the individual case or the circumstances of the individual defendant. We believe this proliferation of “one size fits all” laws to be unwise, contrary to our traditional notions of liberty and fairness, and ultimately detrimental to public safety.
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
Letter (PDF)
Other Documents
02/24/2007
Summary
The following sex offender policy statements were adopted by the Board of Directors of the National Association of Criminal Defense Lawyers by unanimous vote at the Association’s Midwinter Meeting in San Diego, CA, February 24, 2007:
I. NACDL opposes the death penalty as a sanction for sex offenders.
II. NACDL opposes mandatory minimum sentences.
II. NACDL opposes sex offender registration and public notification laws. If employed at all, sex offender registries should classify sex offenders on the basis of risk, with full due process of law. Public/community notification provisions should be reserved for “High Risk” sex offenders.
IV. NACDL opposes civil commitment laws because they punish offenders who have paid their debt to society. If employed at all, sex offender civil commitment statutes should provide a full panoply of due process rights including the right to a jury trial, the right to confront adverse witnesses, the right to present evidence, rules of evidence, a high burden of proof on the government and a process for review and discharge which levels the burden squarely on the government.
V. NACDL opposes residence restrictions because such laws and ordinances do not provide effective community protection and threaten offender stability and reintegration into society.
VI. Sex offender treatment and rehabilitation programs should be adequately funded and available both in our prisons and in the community. Such programs should not include mandatory polygraph examinations and should respect Fifth Amendment rights.
VII. Children are different.
Introduction
The National Association of Criminal Defense Lawyers (NACDL) recognizes that sex offenses and child sexual abuse cause great pain and suffering to victims and their families. NACDL defends the constitutional rights of the accused and former offenders, not the crime itself. We believe that sexual abuse of children and adults should be responsibly investigated and vigorously prosecuted when it is discovered. However, it is important that our society’s vigor in this regard does not impair the need to make criminal justice policy decisions based upon facts, sound scientific research, and evidence, giving due consideration to the rights of both complainants and offenders.
NACDL also recognizes that accusations of child abuse and child sexual abuse may be used as weapons to further the goals of an accuser. In some cases, accusations of child abuse and sexual abuse have turned out to be simply false based upon unsupported theories such as repressed memory, poor interviewing techniques or the simple inability of a child to understand the accusation and its consequences. Thus, when sexual abuse allegations are made it is imperative that the accused have unfettered access to an impartial tribunal, a fair jury, and an error-free determination of the facts. Likewise, an individual who is convicted of a sex offense should not be deprived of his humanity. Reform and rehabilitation of the offender is the most efficient manner in which to ensure the protection of the public. Sex offender sentencing policies should be based upon solid research and evidence; not myth, emotions or public outcry.
In recent years there has been a proliferation of new sex offender laws. Unfortunately, these new laws are for the most part based upon myth and emotion. These laws include sex offender registration and public notification statutes, minimum mandatory sentences, civil commitment for offenders who have already served a sentence, and efforts to apply the death penalty against offenders who have not killed anyone. These laws differ from jurisdiction to jurisdiction but all of them extend unwise mandatory consequences to an entire “class” of offenders regardless of the details of the individual case or the circumstances of the individual defendant. We believe this proliferation of “one size fits all” laws to be unwise, contrary to our traditional notions of liberty and fairness, and ultimately detrimental to public safety.
Read the rest of these articles using the links above
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin
Tuesday, November 24, 2009
IL - Please Oppose the Adam Walsh Act
Labels: AdamWalshAct , Illinois , Letters , UserSubmitted
This is a letter written by a member of SOSEN, and posted with their permission. Feel free to modify it, and send it on to those in Illinois.
State Senate Members
State House Members
11/24/2009
Dear Senator Duffy (Contact),
The State of Illinois is considering implementing the Adam Walsh Act which imposes stricter guidelines on individuals who have been convicted of a sex crime. Most of us want to protect children it is a quality that our heavenly Father has made an innate quality in each of us.
Unfortunately, there is no evidence that the AWA will protect children from being a victim of a sexual crime. Recently in the news there have been stories about children being victimized by adults. In most of these cases the perpetrator was not a convicted sex offender and in no case would the AWA have proven to have saved a child. The AWA would put more teenagers on the National Registry and be required to register to time indefinite. Yes it is unfortunate that so many teens are promiscuous and that some adults are being seduced or acting out compulsive behavior. But instead of passing AWA, we as a people need to examine what can be done in the early stages of a child's life to convey to them the importance of living a chaste life and how to prevent themselves from being lured by manipulative adults and peers.
Some states have opposed the AWA because they do not want the federal government telling them how to manage their sex offenders.
We want the federal government to protect us from terrorist and deal with the economy and let each state address domestic issues such as sexual deviance. Some state have indicated that it would be too costly to implement the AWA and it would make more fiscal sense to just let the government rescind 10% of the funding that they provide to maintain the Registry.
I am asking that you introduce legislation to provide funding to educate the general public about our responsibility to protect our kids from violence, sexual abuse, etc. Nearly 90% of all sex crimes against kids are committed by someone the child knows. The AWA does not prevent kids from being victims. It only allows us to brand more adults and teens as Registered Sex Offenders. Education is the best remedy to reduce this kind of crime.
Thank you for your service and I ask that you stand up boldly for justice!
"That old law about ‘an eye for an eye’ leaves everybody blind. The time is always right to do the right thing." - Martin Luther King - United States Constitution | Bill of Rights
State Senate Members
State House Members
11/24/2009
Dear Senator Duffy (Contact),
The State of Illinois is considering implementing the Adam Walsh Act which imposes stricter guidelines on individuals who have been convicted of a sex crime. Most of us want to protect children it is a quality that our heavenly Father has made an innate quality in each of us.
Unfortunately, there is no evidence that the AWA will protect children from being a victim of a sexual crime. Recently in the news there have been stories about children being victimized by adults. In most of these cases the perpetrator was not a convicted sex offender and in no case would the AWA have proven to have saved a child. The AWA would put more teenagers on the National Registry and be required to register to time indefinite. Yes it is unfortunate that so many teens are promiscuous and that some adults are being seduced or acting out compulsive behavior. But instead of passing AWA, we as a people need to examine what can be done in the early stages of a child's life to convey to them the importance of living a chaste life and how to prevent themselves from being lured by manipulative adults and peers.
Some states have opposed the AWA because they do not want the federal government telling them how to manage their sex offenders.
We want the federal government to protect us from terrorist and deal with the economy and let each state address domestic issues such as sexual deviance. Some state have indicated that it would be too costly to implement the AWA and it would make more fiscal sense to just let the government rescind 10% of the funding that they provide to maintain the Registry.
I am asking that you introduce legislation to provide funding to educate the general public about our responsibility to protect our kids from violence, sexual abuse, etc. Nearly 90% of all sex crimes against kids are committed by someone the child knows. The AWA does not prevent kids from being victims. It only allows us to brand more adults and teens as Registered Sex Offenders. Education is the best remedy to reduce this kind of crime.
Thank you for your service and I ask that you stand up boldly for justice!
"That old law about ‘an eye for an eye’ leaves everybody blind. The time is always right to do the right thing." - Martin Luther King - United States Constitution | Bill of Rights
© 2006-2009 Sex Offender Issues, All Rights Reserved
Tuesday, June 2, 2009
ME - Please Vote against LD 1157 (A Letter from a Maine Citizens for Change Member)
Labels: Letters , Maine , Punishment , UserSubmitted
Dear Representative (insert your representative name here):
I am writing to ask you to vote against LD 1157. At one time, the requirement for people to register for a crime of a sexual nature was determined by the court during sentencing. This had the safeguard of a criminal proceeding. The law has been amended many times. First, the sex offender registry was amended to make it retroactive. Then it was amended to include new offenses. Now it is being amended in an attempt to make these added offenses retroactively registrable. The language of the bill gives the sex offender registry itself the authority to determine the requirement to register without any of the procedural safeguards that were once part of the criminal process.
Basically, if the registry says you have to register, you have 5 days to comply, or face criminal sanctions. This happens regardless of whether the crime committed was actually a registerable offense at the time when it was committted.
Some may say this is a good thing, but it is violative of the ex post facto clause in both the Maine and the U.S. Constitutions. This bill will not moot the court cases already challenging the sex offender registry in Maine. The basis of those cases are rooted in constitutional problems that have plagued the sex offender registry. These issues include problems with the ex post facto clause, the bill of attainder clause, the equal protection clause, the cruel and unusual punishment clause, procedural due process, substantial due process, and the equal protection clause. It will spawn more cases because it will threaten more people with registration.
One of the serious constitutional problems has already been elucidated by the Maine Supreme Court. Under Maine law, you cannot relabel something that was a criminal penalty and call it a civil penalty. It was tried in the 1980's with drunk driving offenders and the Maine Supreme Court struck it down. LD 1157 is an attempt to do just that. It continues to try to separate the requirement to register from its original place as part of criminal sentencing. This is an attempt to make it appear to be a civil regulation and not a criminal punishment.
It was a case from Alaska that went to the U.S. Supreme Court (Smith v. Doe) that gave legality to the sex offender registry. However, it was a very different registry when that case was decided. The Maine Supreme Court has already stated it is aware of the great punishment registration entails. Last year, Alaska reheard Doe's challenge and struck down retroactive application of the sex offender registry because it violated the state constitutional ban on ex post facto laws. The Maine Supreme Court appears to be poised to do the same. This bill will only create more litigants and more challenges.
(optional you can insert your personal story and how these laws effect you and your family here)
I have attached an article surveying the collateral consequences on the families of registrants. In particular, please look at the survey's results about children. It can be argued that this sex offender registry harms more children than it will ever help.
Sincerely,
(insert your name here)
I am writing to ask you to vote against LD 1157. At one time, the requirement for people to register for a crime of a sexual nature was determined by the court during sentencing. This had the safeguard of a criminal proceeding. The law has been amended many times. First, the sex offender registry was amended to make it retroactive. Then it was amended to include new offenses. Now it is being amended in an attempt to make these added offenses retroactively registrable. The language of the bill gives the sex offender registry itself the authority to determine the requirement to register without any of the procedural safeguards that were once part of the criminal process.
Basically, if the registry says you have to register, you have 5 days to comply, or face criminal sanctions. This happens regardless of whether the crime committed was actually a registerable offense at the time when it was committted.
Some may say this is a good thing, but it is violative of the ex post facto clause in both the Maine and the U.S. Constitutions. This bill will not moot the court cases already challenging the sex offender registry in Maine. The basis of those cases are rooted in constitutional problems that have plagued the sex offender registry. These issues include problems with the ex post facto clause, the bill of attainder clause, the equal protection clause, the cruel and unusual punishment clause, procedural due process, substantial due process, and the equal protection clause. It will spawn more cases because it will threaten more people with registration.
One of the serious constitutional problems has already been elucidated by the Maine Supreme Court. Under Maine law, you cannot relabel something that was a criminal penalty and call it a civil penalty. It was tried in the 1980's with drunk driving offenders and the Maine Supreme Court struck it down. LD 1157 is an attempt to do just that. It continues to try to separate the requirement to register from its original place as part of criminal sentencing. This is an attempt to make it appear to be a civil regulation and not a criminal punishment.
It was a case from Alaska that went to the U.S. Supreme Court (Smith v. Doe) that gave legality to the sex offender registry. However, it was a very different registry when that case was decided. The Maine Supreme Court has already stated it is aware of the great punishment registration entails. Last year, Alaska reheard Doe's challenge and struck down retroactive application of the sex offender registry because it violated the state constitutional ban on ex post facto laws. The Maine Supreme Court appears to be poised to do the same. This bill will only create more litigants and more challenges.
(optional you can insert your personal story and how these laws effect you and your family here)
I have attached an article surveying the collateral consequences on the families of registrants. In particular, please look at the survey's results about children. It can be argued that this sex offender registry harms more children than it will ever help.
Sincerely,
(insert your name here)
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