Sex Offender Laws ARE punishment - Ohio Supreme Court - 2011

(July 13, 2011) The Supreme Court of Ohio ruled today that imposing enhanced sex offender registration and community notification requirements included in the 2007 Ohio Adam Walsh Act (AWA) against defendants whose crimes were committed before the effective date of that law violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from enacting retroactive laws.
The 5-2 decision, which reversed a ruling by the 12th District Court of Appeals, was authored by Justice Paul E. Pfeifer.
Michael Greer,, for the state and Warren County prosecutor's office.
Katherine A. Szudy, for George Williams.

[@1zcott]

End registry now!

[@smashthehammer5348]

Stay away from kids NOW!

[@ZaddyDenz]

​Your ignorance is concerning ​@@smashthehammer5348

[@charlessmith263]

Public sex offender registry laws need to be outlawed. They are extremely onerous, so hyper-restrictive, and can even cause even nonviolent predators or offenders to be on it even on a first-time sex offense. There needs to be more rational sex offender laws, like "private sex offender registries"---that we cannot see publicly. This will eliminate some of the collateral consequences of public sex registries on registrants, such as public shaming, blacklisted from employment or housing, or even getting death threats by vigilantes who hate registrants.

[@zrexx9428]

Most countries don't even have public sex offender registries. Like that's almost a US-exclusive thing. People that act like we "need" to have a sex offender registry are the people that assume we "need" to have a death penalty. There are countries much _much_ safer than ours that have lower rates of crime and recidivism that manage to avoid having the harsh systems that we do. So it's not like the shit we do to our criminals is necessary... it's not Policies like these are deceptive because when you're raised in a country where these are "normal" things, you can't imagine a country functioning without them. And that's why people are misled into thinking we "need" a sex offender registry or we "need" a death penalty. In reality the US is probably the most crime-ridden of any first-world country. There's zero evdience-based reason to believe that our way of dealing with crime works or is effective at all, let alone "necessary"

[@ZaddyDenz]

@@zrexx9428 The US government is corrupt and SO registries are all about control.

[@MrCathouse]

The sex offender registry needs to be abolished and do away with. The sex offender registry is unconstitutional and is no better than when the Jewish people had to wear the Star David

[@Juror_Number_Eight]

This type of hyperbole is harmful to the cause of abolishment of the registry and establishing reasonable sex offenders laws. The Jews in 1930s Germany were singled out for their race/religion/beliefs. We sex offenders committed crimes that put a target on our backs; many of us committed crimes that hurt another person or people. The public will not sympathize with our perceived victimhood. Our arguments must remained focused on the unconstitutional nature of the present sex offender laws in the United States. Retroactive punishment, double jeopardy, Scarlett Letter laws that invite discrimination, public shaming and vigilantism, all under the guise of protecting the public using spurious statistics, are arguments that reasonable people will accept as impetuses to change the current Draconian laws.

[@americanpatriot430]

The United States needs to abolish the sex offender laws after trial. Double jeopardy is unconstitutional. Debt to society paid in prison. I feel so bad for sex offenders and the things they have to do after jail. It's very sad all the way around.

[@solinari4101]

Don't ppl understand that not only is reciprocation of sex offenders, vs EVERY OTHER CRIME POSSIBLE, has the least amount of reciprocation. Put petty theft on a list, or murdrer.

[@mrtwister9002]

RECIDIVISM.

[@GirlofNicky]

It seems like the goal of Senate Bill 10 is to trip up the registrant into a parole violation to send him back to prison. The sentence should be the real sentence, not using schemes to extend the sentence through parole violations even if they did not re-offend.

[@danielk8149]

Just a technical violation if you get complacent can get you a long ex post facto sentence if your not careful even if you discharged all the sentence

[@danielk8149]

What man isn't sexually oriented if he has testicles?

[@jerryspann8713]

​@@danielk8149 Only in a fascist right-wing Republican ran dictatorship.

[@charlessmith263]

Keenly, these unfair additional penalties/punishments/restrictions added on upon sex offender registrants are known as "ex post facto" consequences. One example is a child pornographer who gets arrested, serves 15 years in federal jail for that crime, gets out of prison and that person finds out that there is a new law that keeps him not only on the registry for life (thinking it was going to be only Tier 1 for 10 years, but upgraded to a Tier 3 lifetime registry)--but also a new mandate that bans that person for the Internet also for life! That's an "ex post facto" tactic---definitely!

[@charlessmith263]

Even worse, even harborers of registered sex offenders are also at high risk of harassment, assault, battery, and even murder just simply by helping them mitigate all of the massive consequences of being on the registry. Moreover, Austin Jones will be a sex-offender registrant in a few years after getting out of jail on child porn charges, and he needs to know that he will be slapped with "ex post facto" stuff at him until he gets off the registry. So he needs to get off the registry as soon as he gets out of jail - petition the court to get himself off as soon as he can so he will not be flagged as forced into the shadows.

[@joschawil]

"Any law repugnant to the Constitution is null and void". Marbury vs. Madison 5 US (Cranch) 137,161,167. [ Repugnant: Incompatible]

[@Nightmarefuel66]

And Megan's Law IS repugnant!

[@voluntarism335]

Yes, but a piece of paper does not stop the Government from trampling on your rights. The Government is the biggest mistake the founders ever made, they should not have formed one.

[@user-le4ui1ot8q]

Agree

[@luci-fer250]

the registry should NEVER have been retroactive

[@riseoverhere3054]

Agreed

[@justinrabbitt9492]

Fully agree it needs to just be abolished with the restrictions and laws redone to allow true reintegration back into society as originally made with all other laws instead of making over a million people into outcast

[@Tinman2955]

I fully agree, I was supposed to register for 10 years, then after I was out of prison, they upgraded me to lifetime registration

[@jerryspann8713]

​@@justinrabbitt9492 No, it just needs to be abolished and those that are responsible for creating this mess in the first place should be tried for treason.

[@joschawil]

Like Mrs. Nixon, "Just say "No" to drugs" Did that end drug use, no. The laws nowadays are just a pile of beans on top of a pile of beans.

[@joschawil]

One of the failings of our Government is that the Constitution trumps all laws. Our judges refuse to see this, although they know it in their hearts. Also, the ruling of Justice Marshall doesnt say common law, city law, state or federal law. It says "Any law." I dont know why no one wants to defend this ruling in court. Laying down and dying seems to be the path of least resistance. The ruling has never been overturned and it never will be. The biggest problem is that judges dont want to make waves. Plain and simple.

[@ericstarling9982]

No one checks the dates or even knows the case. For instance someone being arrested and convicted 5 years after the crime happened. And the number of years since the conviction. None of that matters. The public registry is very obscure and the state DOES misrepresent the crimes listed.

[@riseoverhere3054]

Yeah it’s all a waste of money and it’s not like the probation officer is holding the SOs hands.

[@justinrabbitt9492]

Fully true. Someone could have long since did their time yet society would look at that name thinking they just commited the crime and was placed on the registry yesterday.

[@NoePena-xu3xq]

So no one cares about this issue until it happens to them or the ones who support these laws, then they get on the unfair bandwagon.

[@joschawil]

The registry fits the criteria for crimes against humanity. When are state legislators and federal agencies going to be prosecuted for crimes against humanity? Violation of civil rights. Violation of inalienable rights- those which by the Preamble to the US CONSTITUTION cannot be given up nor taken away, forced lockup as if in concentration camps, forced removal from society, forced movement which amounts to kidnapping, WHEN ARE THEY GOING TO BE TRIED FOR CRIMES AGAINST HUMANITY?

[@redwing771]

For what reason would they need someone to register 4 times a year ? looks like political grand standing to me , allowing haters to change the laws that would protect all peoples rights in the long term . The AG is a real piece of work and came off slimy like most LE begging

[@justinrabbitt9492]

At $50 a time to register its all about money in the end and causing fear as well as shaming tactics. Even the people running the programs that sex offenders are forced to go to feel that all the laws with restrictions don't work. It all is just a lie to make people think with emotion and those in power to control others by making laws that do more harm than good. They needed something people could hate always since they already sre losing the war on drugs plus lost when trying to make people hate the LGBT community. So they are sticking to claiming the old "save the children" with sex offenders being the public enemy number one when even children are being placed on the registry.

[@solinari4101]

What about drug manufacturers

[@LARRYSEIPRODUCTSLLC.]

As I am doing more research and reading in-between the lines of NARSOL I feel as though they are not in the people's on the registry best interests. I feel as though it's a money income through grants to keep the money flowing. Many rely on especially in this economy for the grants to pay for non profit. So why would either side want to abolish the registry even despite the over whelming evidence that the registry needs to stop being adjusted and causes way more ha than good. I research all these articles and see no real change when NARSOL attorneys can sue supreme court justices in their individual unofficial capacity in any court!!! Then they are pressured to be held accountable by the people as no person is above the law or assumed to used corruption and abuse of power. This is the constitution and separate powers conflict. The government should start by giving free money to those on the registry for damages and hold discrimination to a standard...

[@Davedavinch]

Acsol is a real group that cares Go join them they are good people

[@joschawil]

NARSOL representatives approach the court room with a predisposed position of being defeated at the get go. They hope to offer something to beg the judge to have a change of heart. That will never happen. When arguing case-law, it is imperative to have case-law cited and ready in order to have the prosecutor/judge/law advocate up in a frenzy squirming because they are cornered. They have unlimited resources. They will pull frivolous case-law citations out of their memory. And they will interject with nonsense in order to play on the judges emotions to see things their way. But Shepardized case-law is what the judge is administered to consider. If you are defeated from the start, ther is only one way to go, down. You have to have case-law. "Any law repugnant to the Constitution is null and void of. " Justice Marshall in Marbury vs Madison 1803 has never been overturned. Having to turn over your Drivers License upon every phase of registry is a violation of ones security/ privacy in their papers. Demanding homes visits upon a policemans home verification is a violation of right to privacy. Spreading information of ones scars, Mark's, tattoos, job, address, hair color, eye color-blind many more items on the internet is a violation of ones right to privacy. All of this info on the internet and subjecting registrants to attack at their address is a violation of ones right to safety. These are all civil rights guaranteed by our Constitution. States have no power to arbitrarily violate the rights of its citizens. There is so much more. But Justice Marshall's decision has never been overturned. It is the framework of Constitutional law. Stop sending any kind of advocate in advance of your argument when that person is defeated before they get there. Scaredy-cats are what they are.Judges listen to case-law. That's final.

[@LARRYSEIPRODUCTSLLC.]

@@joschawil Well said. Knowing that there is a way to over turn the registry judges refuse if there is a weak ARGUEMENT and weak case law present. Constitution validates laws or makes invalid it is clear cut not made in decimals.

[@joschawil]

Last thing. The judges who are "inspired" to think that the registry is not punishment, try failing to defy one order of the registry. You are charged with a felony. Neighbor are too scared to come out of their houses. That IS punishment.

[@LARRYSEIPRODUCTSLLC.]

@@joschawil Most of the time the worst punishment is death, assault but also in a sense torture, no one will hire people on the registry and therefore the people on the registry can't support their lives or their family/loved ones. SSA won't give them a check, State Gov. funding is scarce, and most are homeless with no good support systems which are known to help reduce recidivism and reduce crime in general. So, the registry does no good if it is only counter productive to help reduce crime and reduce recividism. The registry is null and bombastic!

[@solinari4101]

What about murderes

[@12yearssober]

She is one of the most well spoken people i have heard in a long time.

[@Transform108]

Notice at 20:30s the judge asked if he engaged in consensual sex with someone who is too young. And the prosecutor tripped on consensual ... then said legally incapable of consenting. There is a divide in the mind between right and wrong here. In these esteemed people... Consent is consent. The government should not determine the nature of a persons mind based on any arbitrary factor. America is supposed to be the land of individuals rising up - and considering the willingness to exploit young people in virtually every way (media, early US factory work, carrying the national torch so to speak) we should do a hard look at age as an arbitrary factor.

[@Davedavinch]

Finally so Spence of reason. If they are not punishment why do they have punishments of prison time attached to them

[@justinrabbitt9492]

Not just prison time but added lengths to the registry should one fail even once to register on time. Like a first time failing to register is a 6 months misdemeanor jail sentence and ten more years having to register if someone wasn't already lifetime. Failing again is a felony level with a years sentence to serve with another ten years added. Its pretty much a non stop punishment for failing to update something as small as the length of one's hair, how much they might weight, if they got a tattoo, changed jobs, or got a new car, etc. It's all just more set ups and punishment.

[@jerryspann8713]

​@@justinrabbitt9492 Its nothing more than a form of parole or probation. I know of people on probation that only has to call in once every six months to their parole officer. Some people on the registry has to see the cops every week.

[@Nightmarefuel66]

Since they call it civil and regulatory, why does one face a FELONY of they do not comply? ETERNAL PUNISHMENT! That's what this is...

[@joschawil]

Modern day slavery.

[@DanielMussen-ex8si]

Dismantle The Sex Offender Register Past Present Future

[@aaronc4724]

I hope we win big time.

[@justinrabbitt9492]

The registry with its restrictions need completly abolished forever. Police already know whose the real worst to keep an eye on while the rest are one n done offenders. It's all about money and fear being used to control people. A huge win is needed accross the country cause it's an obvious violation of human rights and cruel continued punishment long after the sentence has been served,

[@user-le4ui1ot8q]

This is all facts till happens there family they dont care. I law dont apply to these in power above laws they just get smack on hand

[@Jack-ne8vm]

What if all SO's quit registering tomorrow? It's a self-policing system.

[@nickdelaney6953]

Everyone should stop registering all at once impossible to arrest all 900,000 + offenders lol in a other words go on strike lol😊

[@DanielMussen-ex8si]

Dismantle The Mental Health Act Past Present Future

[@ZaddyDenz]

I believe that sex offender laws should be abolished for a number of reasons. Firstly, these laws are discriminatory and unfair. They are often used to target and stigmatize individuals who have been victims of abuse, rather than those who have actually committed a crime. Secondly, these laws have a disproportionate impact on marginalized communities, such as people of color and LGBTQ individuals. They are often used to perpetuate harmful stereotypes and to create barriers to employment, housing, and other basic rights. Thirdly, these laws do not actually prevent crime. There is no evidence to suggest that sex offenders are more likely to commit crimes than other individuals. Instead, they serve as a punishment that is disproportionately harsh and unjust.

[@ZaddyDenz]

Sex offender laws can violate the Constitution in a number of ways. Firstly, they can violate the right to equal protection under the law, which is guaranteed by the 14th Amendment. Sex offender laws are often discriminatory, targeting certain groups of individuals and creating barriers to their basic rights. Secondly, they can violate the right to privacy, which is guaranteed by the 4th Amendment. Sex offender laws often require individuals to register with law enforcement, which can expose them to unnecessary scrutiny and stigma. Thirdly, they can violate the right to due process, which is guaranteed by the 5th and 14th Amendments. Sex offender laws can be vague and unconstitutionally broad, and they can be used to deny individuals their rights to fair trial and to appeal their convictions.

[@ZaddyDenz]

The Supreme Court has ruled that sex offender registries violate the right to equal protection under the law and the right to privacy, and that they are unconstitutionally vague and unreasonable. In the case of Rodriguez v. United States, 2008, the Court found that sex offender registries are inherently discriminatory, as they target individuals based on their sexual orientation and past behavior rather than on any current danger to the community. The Court also found that these registries violate the right to privacy, as they require individuals to disclose personal information about themselves that is not relevant to their risk of re-offending. Finally, the Court found that these registries are unconstitutionally vague and unreasonable, as they lack specificity and fail to take into account the individual circumstances of each offender.

[@nickdelaney6953]

Stop registering all at once they can't arrest everyone

[@robertengland8769]

Unfortunately, they lump all sex offenders into one lump. I'm a former sex offender who did probation successfully, and is no longer on the registry. My particular offense was a one time indecent exposure. Deferred adjudication. I never ever touched a minor, and don't ever plan to. Get real, people!

[@user-le4ui1ot8q]

I wantvto agree with you but not sure what ur saying at ending there???

[@Tinman2955]

What’s the name of this attorney? I want to hire her.

[@FloridaActionCommittee]

Katherine A. Szudy

[@Tinman2955]

@@FloridaActionCommittee I support your Chanel, I would like to contribute if possible.

[@kenmaples6856]

@@FloridaActionCommittee how much does Katherine Szudy charge for legal representation? I live on a fixed retirement.

[@12yearssober]

​@@kenmaples6856 Your best bet would be to ask her to represent you pro Bono

[@smashthehammer5348]

Stay away from kids and you wouldnt have to worry about that. You all need to stay on it for life!

[@IndianCurrycel]

Most sex offenders don’t have crimes against kids. Some were streakers and others were in those entrapment stings

[@smashthehammer5348]

@@IndianCurrycel streamers did that to themselves. Sexual act. Tough. And entrapment stings? You mean catching chomos trying to meet kids? They all deserve to be on it. Idk anything about you but your sounding like a chomo sympathizer or one yourself. Either way all bad.

[@IndianCurrycel]

@@smashthehammer5348I’m a virgin not a chomo.

[@ZaddyDenz]

​@@smashthehammer5348You're proving why SO registries need to be abolished, thank you.

[@jamesbeemer7855]

Yes , you know it is .

[@martinkaye6397]

i have just opened an international petition on wether the sex laws should be changed or not the petition is with an on - line company called - change - and as it has just been opened can be found under - recent - the present date is 24/07/2023 i need some signatures