Adam Walsh Act in the Crossfire

In Maine the Adam Walsh Act is seen (from the defense perspective) as an improvement over the current state of affairs.  While it may be just as draconian in some respects, the AWA at least holds open the possibility, in theory, of an evaluation to see if a registrant is an ongoing risk and assess whether offenders should have to register.  There are other improvements over the current state of law here as well.

This New York Times article details a variety of challenges to the AWA from both the prosecution and defense perspective.  I have previously written of the defense challenges-particularly the Commerce Clause theories.  I was unaware that there was any pushback for such localized concerns as Alaska's where someone in the remote bush might have totravel by bushplane to register.  AWA does not create any allowances for this sort of problem.  At heart, I am an ardant federalist and state's rights kind of guy.  As a defense lawyer, however, I see the states' temptation to constantly ratchet up the severity of these laws as well as my clients' efforts to deal with the patchwork of state laws as they may happen to move around.  I have seen the AWA as a worthy attempt to balance the inevitability of a registration law with the need for consistency and fairness to offenders.  It would certainly be an improvement in my home jurisdiction.  Perhaps AWA needs a rewrite to allow a bit more state flexibility

Comments

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[Forensic Examiner Atlanta]

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[Anony]

You all have GOT to be kidding me. Politics could not override the fact that VIOLENT SEXUAL OFFENDERS have no conscience and can not be cured. They are walking disasters, threats to our children and women. Who cares about rights?

I'm sure when the founding fathers signed the Constitution, they didn't have murderers and pedophiles in mind.

[Slaute]

No offense to victims and families of violent sexual offenses by sexually dangerous persons such as the case in this article, but GPS monitoring and registration under the current and potential legislation is not working and is INSANE! Please read on...

Readers, you may find this difficult to believe, I did at first, but there are kids as young as 10 on the sex offender registry for “playing doctor” no violence involved; Kids as young as 12 for pinching another kid on the butt just joking around; a long and rapidly growing list of teens for “consensual sexual activity” (statutory rape), and men for public urination on the golf course; think about how many men will this one put on the registry and wearing GPS devices!

How many people, including kids as young as 14, will we allow to be prosecuted, incarcerated, subjected to barbaric and abusive treatment (see Plethysmographs, Masturbatory Satiation, Arousal Reconditioning, Cognitive Restructuring of juveniles) and then forced to register as Sex Offenders for the rest of their lives before we bring an end to this insanity and enact sound legislation that protects our kids from violent and sexually dangerous persons?

The current legislation, although very well intended, has seriously failed the true victims of violent sexual assault crimes and their families! And, it has resulted in what a growing number of citizens believe were unintended consequences for potentially over 95% of all youth and young adults, "including young girls" who are being tried and convicted as sex offenders at an alarming rate across our nation (see Aug 6th Economist cover story: America’s Unjust and Ineffective Sex Laws).

A growing number of concerned Citizens are joining in the effort nation-wide to immediately bring an end to this insanity before an entire generation is lost and registered as sex offenders.

Legislators, please, please reconsider and change/enact legislation immediately to stop this insanity and re-write legislation that truly protects our children from violent and sexually dangerous persons!

[Fima Estrin]

Our country is sick with all those sex panics and hysteria from 1960.
We witness another one. Such madness developed with her own rule,
and nobody could affect this.
This is reason for repressions against American population, just like Nazi or Stalin. Government sure love this. Continue to support government and they will come after you. Good luck.

[Book38]

To the previous commenter, YOUR WRONG!!! You just proved how uneducated people can be.

Sex offenders can curb their behavior with therapy and support. They can carry on normal lives and be integrated back into society and not commit another crime in their life.

You have NO FACTS to back up your claim. I know because I have facts about therapy and recidivism rates on my site.

I have information from experts. I have proof that what you just said is nothing more than WRONG!

You sound just like the Nazi's under Hitler's rule.

Spouting propaganda with nothing to back up your claims.

Humans have rights...no matter if YOU want them to or not.

[Beast]

Just thought I would add some balance to this topic. Violent sexual offenders are a clear and present danger to the children of this planet. They cannot be cured. And once convicted of a crime need to stay their for the rest of their natural life. Please sign this petition to help make this happen.
http://www.thepetitionsite.com/1/change-sex-offender-laws

[JohnDoeUtah]

I disagree. The State should strictly adhere to AWA as it is written; not under the U.S.A.G. Guidelines State. Those guidelines were written by a female sex crimes prosecutor, just reading her 10 March 2009 Letter to the House Judiciary Sub-committee's hearing on the AWA, it is apprent she had her own prosecutorial objectives at heart when writting the Guidelines.

I mainly disagree, because the AWA is Federal Law, and thereby pre-empts all State Sex Offender Laws. The intent of the AWA is to make uniform sex offender laws; alowing states to go above the AWA completely negates that legislative intent.

The United States Constitution, Article VI, Section 2, states:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding."

Therefore, the AWA is the law of the land, and state sex offender registration thats falls outside the AWA is invalid.

[Sex Offender Issues]

http://sexoffenderissues.blogspot.com

I would like to see you folks post some items on the constitution issues of these laws, like ex post facto, due process, first amendment, fourth amendment, fifth amendment, contract clause, etc.

These laws are unconstitutional in many aspects, so I'd like to see someone, especially a lawyer, give their input on these laws, and what could be done to get them into the state supreme court and repealed.

Where are all the lawyers, civil/human rights organizations? Surely there are some excellent lawyers out there, who could fight these laws and win.

I am all for punishing those who commit any crime, but adding punishment, regardless of what they call it, it wrong. And adding to someone's sentence, after they signed the contract at sentencing, is unconstitutional.

[Joe]

Personally, I think the treatment of sex crime offenders is mostly unfair. Yes, they've done things that merit punishment. But we may as well brand them with a sex crime mark for all the effort that the law makes in singling them out.

[Shirley Lowery]

Any rebuttal from the attorney? This would make a good discussion.

[Furebear]

I beg to differ with your finding that "...the AWA at least holds open the possibility, in theory, of an evaluation to see if a registrant is an ongoing risk and assess whether offenders should have to register." On the contrary. Under AWA ALL tier's are determined by the "Crime of Conviction and victim's age" and NOT on any analytical evidence. Nevada got the implementation of AWA stopped because of the very process of classification that would have reclassified 90% to the highest risk factor without regard to the real likelihood of them re-offending or being a danger. I am rather disappointed in you view on this. I had thought you were more informed on this issue, but it clearly appears you don't have a true grasp of what is to come if AWA becomes the law of the land for Registered Former Offenders.

Thank you for allowing me to comment on this.

[Sex Offender Issues]

Hello, I'd like your opinion on this Nancy Grace transcript:

http://transcripts.cnn.com/TRANSCRIPTS/0902/13/ng.01.html

Especially this section:

BATISTA: There is. You know, the registered sex offender statutes in most states, and most states have them, Mike, make it a mandatory condition usually for life that when a registered sex offender is approached by law enforcement with questions, that person has to answer those questions unlike an ordinary citizen.

It`s one of the disabilities that really persists through life for people who fall into the category of registered sex offenders.

BROOKS: Now someone comes -- if an FBI agent or someone comes to their door, knocks in their door, and says, hey, we want to come in, do they have to give consent?

BATISTA: Again, Mike, it`s the terms of the statutes in most states make it mandatory on the registered sex offender that that person allow the FBI or other law enforcement into the home and respond to the questions. And there will be consequences for them should they refuse to cooperate and respond.

BROOKS: Yes. Well, I`m -- again, we`re also hearing that some of these sex offenders were coming forward saying, hey, I had nothing to do with this. Clear my name right now. I`ll do whatever you want.

Is this true? I don't think so. I think those off probation/parole have rights, and simply because they may have a sex offender label, doesn't give the police/FBI the right to search your home and ask you questions anytime the please.

Please let me know what you think, and feel free to move this anywhere you'd like.

[Shirley Lowery]

I am disappointed in your views. This is politics and we gain nothing. It is another costly item that detracts attention from where it should be. After spending mountains of money the recidivism rate is where it was 4 years prior to implementation of the registry.

We are in a recession and I have to worry about feeding my kids. I am sick of government putting stuff on a credit card for me and my descendants to pay.

This country is rocking on the brink of financial disaster. If state's get broke enough they will start chopping and maybe the unconstitutional expenses will bite the dust. Times are going to get harder and the only way we will make it in unity. The registry is the biggest divider we have in this country.

[constitutionalfights]

There is a large community of Americans fighting to see repeal of AWA and reform of sex offender laws in this nation. While these laws intend to protect families, they only serve to destroy families of sex offenders, while nothing to protect children.

Over 90% of child sex offenses are committed by family or acquaintances, and sex offender recidivism is, according to US Department of Justice statistics, under 6%, despite what is often reported and repeated.

Residency restrictions, retroactive life-long registration requirements and social isolation are only counter-productive to protecting our communities.

www.constitutionalfights.org