Abolish Retroactive Application of Sex Offender Registration
BREAKING NEWS: Lousiana
Another court has ruled the ex post facto implementation of the Sex Offender Registration Laws to be Unconstitutional, Punitive and no matter if the intent was civil, the effect is additional punishment...
In Smith's case, however, the amendments adopted after his conviction are "so punitive in effect as to transform what was intended as a civil remedy into an additional punishment for him." Link to Full Story Including PDF of Court Case
All across the United States, countless thousands of families are being torn apart by unconstitutional lawmaking which began when in 2007, Alberto Gonzales the then Attorney General made the Adam Walsh Act Retroactive thereby violating the Constitutional Ban on Ex Post Facto Law.
This action has been devastating to not only the lives of ex-sex offenders who have been living clean, law abiding and productive lives in society for decades, but also this action is devastating, ostracizing, humiliating and counter productive to the lives of the Children, Grand Children and husbands and Wives of these Ex Offenders.
Article 1, Section 9 of the United States Constitution:
No bill of attainder or ex post facto Law shall be passed.
Furthermore, Each and All 50 states have this very same section in their State Constitutions.
Many states are ruling that the ex-post facto, (Retroactive) application of new lawmaking is unconstitutional. Alaska, in their supreme court decision in 2008 had this to say:
On July 25, 2008, the Alaska Supreme Court ruled that the Alaska Sex Offender Registration Act's registration requirement does not apply to persons who committed their crimes before the act became effective on August 10, 1994.
ALASKA SUPREME COURT RULES RETROACTIVE APPLICATION OF THE ALASKA SEX OFFENDER REGISTRY IS PUNITIVE AND UNCONSTITUTIONAL
Because ASORA, (Alaska Sex Offender Registry) compels (under threat of conviction) intrusive affirmative conduct, because this conduct is equivalent to that required by criminal judgments,
because ASORA makes the disclosed information public and requires its broad
dissemination without limitation, because ASORA applies only to those convicted of
crime, and because ASORA neither meaningfully distinguishes between classes of sex
offenses on the basis of risk nor gives offenders any opportunity to demonstrate their lackof risk, ASORA's effects are punitive. We therefore conclude that the statute violates Alaska's ex post facto clause.
The United States Supreme Court in 2003 stated in Smith v Doe that the ex post facto application of these Sex Offender Registration Laws was not Punitive in nature, but civil and regulatory intent.
Alaska has and many other state courts are now ruling that the retroactive application of lawmaking is and has always been Unconstitutional and counter productive to Jusitice in America.
I stress, hundreds of new laws are being created which target anyone who wears the label of Sex Offender. Though the intent of the retroactive application of these laws may have been civil and regulatory, the effect has become criminal and punishment.
Thousands of lives of citizens who have lived clean, productive and law abiding lives for decades are NOW on the registries and being monitored at tax payer expense. These people are no threat to society and have proven so for decades.
Drunk drivers kill 18 Thousand people a year in America alone, but nobody is creating Retroactive laws, Online Drunk Driver Registry and Shaming into homelessness those who kill while drunk. 18 Thousand deaths a year!
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