The Scarlet Letter of Our Times

Registered sex offenders have become the “scarlet letter” of our times. The imputes to the rise of the sex offender registry was the extremely rare occurrence  of the horrible raping and murdering of innocent children which then led to the creation of 1000’s of laws on the federal, State and local level throughout the …United States to monitor, contain, regulate and isolate the population called sex offenders. This has been done under the theory that a comprehensive regulatory scheme, along with comprehensive (and unlimited) public notification will enhance public safety.   In order to accomplish the feat of a comprehensive regulatory system, the legislature, through statatues, created the, “Sex Offender Registry.” In these statutes she legisltures deemed the sex offender “highly likely to re-offend”, and “unamenable to treatment,” and therefore must be contained, monitored and isolated from the community. The definition of a, “sex offender”, was completely left to the legislature and was applied retroactively to any crime the legislature decided.  The courts upheld the retroactive application of the, “sex offender” registry as a regulatory tool intended to protect the community, therefore not a punishment and the prohibition on ex-post facto laws did not apply.  It is the contention of, “Justice Freedom Speech” that the sex offender registry, and specifically the unlimited public notification provisions of the registry are counter-productive to rehabilitation, and re-integration, leading the registrant and their families as outcasts within their community, harassed from neighborhoods with the registrant unable to form healthy social relationships, stable housing or employment. Thus leading to HIGHER rates of criminal activity.  In other words, the regulatory effect of the sex offender registry has been a DECREASE in public safety and a HIGHER rate of re-offense levels than otherwise would be.   Justice Freedom Speech does not condone, support or tolerate sexual abuse of any kind by anyone. Justice Freedom Speech recognizes that sexual abuse has huge negative affects on victims, the community and society at large. Justice Freedom Speech believes that sexual abuse, as all crime, should be punished according to the law.  Justice Freedom Speech believes in the zeal to protect the community the legislature has overstepped their constitutional authority to regulate their citizens. Justice Freedom Speech believes a legisture needs more than an assertion that a certain policy that effects all registered sex offenders will lead to more public safety in order to implement the policy (especially retroactive). It is the contention of Justice Freedom Speech that many of the policies and laws actually makes the community more dangerous. These contentions are backed up by a wide array of independent research.  What Justice Freedom Speech DEMANDS is, DUE PROCESS OF LAW. This means, when a person has completed their court ordered sentence the State MUST have another hearing to determine if a person is a continuing threat to the community. If a person is deemed a threat, that person comes under the authority of the COURT until such time that person no longer presents a danger to the community to the satisfaction of the Court under a standard of proof.   Justice Freedom Speech also DEMANDS no cruel and unusual punishments. This includes legal PROTECTION to live in the community of their choice without worry that their presence will be so inflammatory to the community as to force the registrant out of the community, away from supports systems that keeps them offense free, and into the fringes of society.  Justice Freedom Speech also DEMANDS no ex-post facto laws. An assertion a law is regulatory does NOT make that law regulatory (assuming regulatory means protection of the community). A legislative determination that a population is dangerous, where the legislature, without review, gets to name that population is inherently a violation of human rights AND against the Equal Protection clause 14th Amendment of the U.S. Constitution.   Justice Freedom Speech believes in the U.S. Constitution and the CHECKS and BALANCES that are inherent in the construction of the U.S. Constitution. The sex offender registry violates the basic premise of checks and balances by giving the legislature full authority and control over the sex offender registry. WE DEMAND that the COURT takes control as gate-keeper of the sex offender registry under an established standard of proof (not levels systems) of “preponderance of the evidence” or “clear and convincing evidence” in order for the State to gain authority over a person to register and regulate.   Without these safe guards to protect liberty, the legislature has the precendence to name ANYONE dangerous and then strip equal proteciton under the law from them under the unchallangable assertion that group poses a danger to public safety.   Justice Freedom Speech is declaring the registry a FAILURE because it is SELF-EVIDENT that MANY on the sex offender registry are NOT dangerous,  but have no recourse to show an independent judiciary they are not dangerous. This is a violation of the most basic of freedoms of which the U.S. was built upon and that is LIMITED government with checks and balances to curb the over reaching power of each branch.   Justice Freedom Speech DEMANDS that the public, the legislatures, the court system, and the executive branch to take notice that there is inherent injustice that MUST be addressed, not by a legislature, but by an independent judiciary.

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