Force the United States Government to Support the Constitution
LET YOUR VOICE BE HEARD
A PETITION BY:
Citizens for Change, America
Recently the Attorney General of the United States has implemented the Retroactive Application of S.O.R.N.A. Nationwide.
LINK This will be applied to the public starting January 28, 2011.
This Retroactive Act needs to be Repealed.
The United States Constitution expressly bans such type of retroactive law being created and implemented.
Send this letter to the professional Law Offices of Norm Pattis, sign this petition for the Equal Rights of All Citizens in America.
The National Association of Criminal Defense Lawyers,
The National Association of Criminal Defense Lawyers (“NACDL”) is a nationwide, non-profit, voluntary association of criminal defense lawyers founded in 1958 to improve the quality of representation of the accused and to advocate for the preservation of constitutional rights in criminal cases. NACDL has a membership of more than 12,800 attorneys and 92 state, local and international affiliate organizations with another 35,000 members including private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America’s criminal justice system..read what they had to say about SORNA.
.In enacting the Adam Walsh Act and SORNA Congress succumbed to myths about sex offenders which are not supported by the existing scientific and social science research. The proposed regulations in this docket fail to protect important constitutional rights of sex offender registrants and go beyond the statutory authority granted to the Attorney General to promulgate regulations that implement a registration system. The system created by the confluence of SORNA and these regulations is a non-judicial system of supervised released coupled with the ever present specter of additional prison time for even the most minor of violations
Help us to send a request from the Norman Pattis Law Firm asking for assistance in this matter effecting ofer 700,000 United States Citizen and their families.
We, members, relatives or loved ones of the 700,000 plus American Citizens who have been branded LEPERS, Banished from Society respectfully ask that YOU look at the video on our petition website and listen to the cries of the people who number in the HUNDREDS OF THOUSANDS.
The insanity of the Public Sex Offender Registry is Life Ending. Legislators have admitted it.
Congressman Bobby Scott admits it in the supplied video contained within this petition.
Please, hear the cries of the people.
Today, January 6, 2011 The House of Representatives read the full text of the United States Constitution and have said they want to get back to constitutional law. We need your help in holding these new officials to what they say. Clearly, this new RETROACTIVE application of SORNA is unconstitutional. Truly the Public Sex Offender Registry is unconstitutional on so many levels all cannot be listed here.
The United States Supreme Court ruled the Retroactive Application of the Sex Offender Registration Notification Act, (S.O.R.N.A.) nationally did not violate the constitutional ban on Ex Post Facto lawmaking in 2003. They based their decision on an Alaska case that has since been revisited.
28 CFR Part 72, as promulgated, mandates that the provisions of the Sex Offender Registration and Notification Act be applied retroactively to sex offenders whose convictions occurred before the enactment of SORNA and the Adam Walsh Child Protection and Safety Act of 2006. 28 CFR 72.3. The National Association of Criminal Defense Lawyers urges the Attorney General to re-draft the regulation. As written, the regulation violates the ex post facto provisions of Part, I, Article 9 of the Constitution.(No ex post facto law or bill of attainder shall be passed)
The supplementary information provided by the Attorney General broadly states that applying SORNA to sex offenders whose convictions pre-dated the enactment of the Adam Walsh Act does not offend the ex post facto provision of the Constitution because it creates "registration and notification provisions that are intended to be non-punitive, regulatory measures adopted for public safety reasons." 72 Fed. Reg. Vol. 39, 8896.
The Attorney General relies on Smith v. Doe, 538 U.S. 84 (2003) for this proposition. In Smith the Supreme Court upheld the provisions of the Alaska Sex Offender Registration Act (ASORA) against an ex post facto challenge.(1)
In fact SORNA is a federal statute that is punitive and therefore the ex post facto provision of Article I Section 9 of the Constitution does apply. (2)
SORNA goes well beyond the Alaska Sex Offender Registration Act that was considered by the Court in Smith.
Way back in 2003 the United States Supreme Court took a wrong decision in Alaska and used it to make what at that time was only a State Wrong Decision, but amplified it and and applied it to the WHOLE NATION. In other words, the good supreme court justices took a bad, unconstitutional law and endorsed it nationally. Those Justices who ruled in support of the retroactive application of the sex offender registration laws, the Adam Walsh Act, if they in fact ever took an oath of office, violated that oath of office which surely stated they would Uphold and Protect the Constitution.
I can substantiate this with many court cases since then, but only ONE is needed. The very state which allowed for the retroactive application of the sex offender registration laws in 2003 that SCOTUS used to rule this retroactive law was constitutional, has since ruled it UNCONSTITUTIONAL. (3)
Alaska, in 2008 ruled forcing people who have already served out their complete sentences to be required to adhere to and follow all the new laws and rules which a person who is labeled a SEX OFFENDER has to follow is unconstitutional. The Good Justices of the Alaska Supreme Court still believe the Alaska Constitution and the Federal Constitution be valid even in the year 2008.
Since 2003 when SCOTUS used the 2003 decision to sexually abuse the constitution, thousands of new laws have been implemented which target anyone who is sentenced and effectively labeled a Sex Offender. Many professionals have stated, their is no way these laws are simply regulatory, they are clearly PUNITIVE.
In fact SORNA is a federal statute that is punitive and therefore the ex post facto provision of Article I Section 9 of the Constitution does apply. SORNA goes well beyond the Alaska Sex Offender Registration Act that was considered by the Court in Smith.
As states like Alaska, Ohio (4)(5), Louisiana and others admit they were wrong in there imposition of unconstitutionally applied retroactive laws.. all that is needed now is for the United States Supreme Court to fix blunder in 2003 and 2006.
The Extensive Community Notification Provisions of SORNA Publicly Disgrace and Humiliate the Registered Offender in His or Her Community
One consideration in determining whether a law is punitive is whether it is the type of law that our history and traditions consider to be punishment because it publicly disgraces the offender. Although ASORA and SORNA are similar in some respects, SORNA goes considerably beyond ASORA in its community notification requirements. SORNA requires that an appropriate state official provide an offender’s registration information to the Attorney General (for inclusion in the federal list) and to appropriate law enforcement and probation agencies.
However, SORNA also requires the state to notify 1) “each school and public housing authority in the area in which the individual resides, is employed or is a student;” 2) “each jurisdiction where the sex offender resides, is an employee, or is a student and each jurisdiction from or to which a change of residence, employment, or student status occurs;” 3) “any agency responsible for conducting employment-related background checks under section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119a);” 4) “social service entities responsible for protecting minors in the child welfare system;” and, 5) “volunteer organizations in which contact with minors or other vulnerable individuals might occur.” See, SORNA, § 121.
These additional community notification measures render SORNA a punitive statute subject to ex post facto constitutional prohibition. In Smith the Court specifically addressed the shaming aspects of publication of registration information on the Internet. The Court described Internet publication as “more analogous to a visit to an official archive of criminal records than it is to a scheme forcing an offender to appear in public with some visible badge of past criminality.” Smith at p.
99. SORNA provides far more public humiliation and shame than the mere review of criminal records at an archive. It requires the states to take affirmative actions to report the registration information throughout the community, even to those who might otherwise not seek such information. The SORNA requirements are far more akin to a scarlet letter or a wanted poster than they are to a trip to a central registry of government documents. SORNA is far more likely to inflict public disgrace than the provisions of the Alaska law considered by the Court in Smith.
Our history and traditions consider such public disgrace and humiliation as punishment and thus invoke the requirements of the ex post facto clause. The interim rule violates the ex post facto clause because it extends these punitive measures to individuals whose offenses pre-dated the enactment of the statute.
SORNA Imposes Affirmative Restraints and Disabilities on the Offender
Unlike the Alaska statute considered in Smith, SORNA requires the personal appearance of the sex offender between one and four times per year depending upon his or her tier classification. See, SORNA, § 116. The requirement of periodic in-person appearance and verification imposes significant restraint on individual liberty and is a hallmark of traditional supervisory punishment such as probation and parole. Such a restraint on liberty is one of the primary factors to be considered in determining whether a statute is punitive rather than merely regulatory. See, Smith at p. 101; Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168 (1963). The Smith court specifically noted that periodic updating of registration information under the Alaska scheme need not occur by personal visit and therefore did not create a restraint or disability. Id. SORNA, on the other hand, does specifically require periodic in-person appearance, verification of information and photographing. See, SORNA, § 116. This requirement imposes a substantial restraint and disability upon the individual subject to the act’s requirements rendering the act to be a punitive measure subject to the ex post facto clause.
The extensive community notification provisions discussed above also serve to significantly and affirmatively cause restraint and disability on individual liberty. Such “outreach” efforts on the part of the government are likely to create a modern day equivalent of banishment which will substantially restrict the offender’s ability to live and work in the community of his or her choice and to obtain and maintain employment.
SORNA goes well beyond the Alaska scheme that the Court upheld in Smith. SORNA imposes significant affirmative restraint and disabilities on the individual liberty of the offender rendering the statute to be punitive and subject to the prohibitions of the ex post facto clause of the Constitution. The interim rule, in applying SORNA to persons whose offenses pre-dated the enactment of the statute, violates the ex post facto clause.
If this nation is to begin healing from all the corruption which has befallen this nation, we need leadership. Men and women who are not bough and paid for or affraid to DO THE RIGHT THING and uphold, support and defend the Constitution.
A blind person could see the Blatant Violation of the Ex Post Facto clause of the United States Constitution when S.O.R.N.A. and the Adam Walsh Act are applied retroactively. Surely the Good Justices of the SUPREME COURT OF THE UNITED STATES OF AMERICA can gather their forces jointly, in unison divest this nation of the train wreck which Alberto Gonzales implemented when he, in concert with George Bush and his administration applied these sex offender laws Retroactively.
I can only hope our Supreme Court will not allow the constitution to be sexually abused any more. Time will tell. Someone has said, Justice in America goes to the highest bidder... Let's see if our Supreme Court will go the way of MONEY, or Justice in the months to come.
The countless thousands of men, women and children who have had their lives for ever ruined by the past decisions in our courts can be rectified...all it takes is some Supreme Court Justices who have some testicles. Enough testicles to DO THE RIGHT THING. RULE IN FAVOR OF JUSTICE, NOT HYSTERICS OR MONEY.
1. Smith v. DOE USSC Decision 2003 (543.21 kB)
2. Retroactive Requirement of Sex Offender Registration Ruled Unconstitutional in Louisiana (1.18 MB)
3. ALASKA SUPREME COURT SO RULING JULY 2008 (131.13 kB)
4. State of Ohio v. Bodyke 2008 (42.39 kB) Ohio rules Retroactive Application of the Sex Offender Laws Unconstitutional.
Much more documentation for all said above can be found on our website. We hope you enjoy our work.
Citizens for Change, America
Link to the online Petition and Video: