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5125 upgraded 20 December 2003. Upgraded Feb 13, 2004 when Iowa law fell.
Lawyerdude's Sex Offender Registration Law page
This page is www.lawyerdude.8m.com/5125.html
Related pages:
Federal black woman judge Victoria in Michigan strikes registration act! http://www.lawyerdude.netfirms.com/5441.html
This page is mentioned on my list of modern day instruments of oppression: http://www.lawyerdude.8k.com/5724.html
General navigational links:
Lawyerdude’s most important page. His top 10 lists: http://www.lawyerdude.8m.com/5459.html
Back to www.lawyerdude.8m.com Or my mirror site: www.lawyerdude.netfirms.com
Telephone Lawyerdude: 805 652 0334
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http://www.circuitlawyer.8m.com/5693.html
The Steve 762 program to fight traffic tickets: http://www.circuitlawyer.8m.com/5695.html
List of all pages uploaded by Lawyerdude in the past few months updated 27 June 03: http://www.circuitlawyer.8m.com/5673.html
Lawyerdude's links page: www.lawyerdude.8m.com/links.html
What’s newly posted by Lawyerdude www.circuitlawyer.8m.com/5673.html
Here are some sex offender links:
Here is the federal case that shot down Michigan’s sex offender reporting law: http://www.lawyerdude.netfirms.com/5441.html
http://www.geocities.com/eadvocate/issues/emerging.html Very good!
http://www.geocities.com/eadvocate/issues/archives.html Very good!
http://www.geocities.com/eadvocate/issues/links.html
http://www.pbs.org/newshour/updates/scotus_11-13-02.html
http://www.epic.org/privacy/meganslaw/
http://www.co.lake.il.us/pubdef/articles/sex-reg.htm
http://subscript.bna.com/SAMPLES/cwb.nsf/
http://www.crimetime.com/SPguide.htm
http://members.tripod.com/~dazc/more.htm
Lawyerdude's Sex Offender Registration Law page
New Flash: Posted on Mon, Feb. 09, 2004
Judge Strikes Down Iowa Sex-Offender Law:
DES MOINES, Iowa - A federal judge on Monday struck down an Iowa law that prohibited convicted sex offenders from living within 2,000 feet of schools and day-care centers.
The Iowa Civil Liberties Union had challenged the constitutionality of the law, claiming it effectively banished offenders from most cities and towns.
Judge Robert Pratt ruled that the 2002 law "unconstitutionally infringes" upon the rights of sex offenders. He issued an order prohibiting the state from enforcing the law, making permanent a temporary restraining order issued last summer.
Iowa Attorney General Tom Miller said he was considering an appeal.
In arguments to the judge, plaintiffs' attorney Philip Mears wrote: "There is no evidence that sex offenders re-offend by living within any magic number of feet from a school."
Assistant Attorney General Gordon Allen argued that the law was sound public policy and designed to protect the state's most vulnerable citizens - children.
"While some may find the means chosen excessive ... there is nevertheless a rational basis for the legislative choice," Allen said.
Lawmakers reacted to the ruling by saying they are determined to keep sex offenders away from children.
"They committed a crime. We're trying to keep them away from our kids if possible," said Sen. Jerry Behn. "I'd like to have something on the books."
Attorneys for the sex offenders had argued that such residency restrictions do little to keep children safe.
"The lawmakers failed us," said Ben Stone, ICLU executive director. "Evidence is out there that extensively shows that the greatest threat to kids is from people that they know."
The Iowa law was based on an Alabama statute that also requires sex offenders to live at least 2,000 feet from schools and day care centers.
Laws in Kentucky and Indiana make homes and apartments within 1,000 feet off limits to sex offenders, while California bars placement of an offender within a quarter-mile of an elementary school.
Update: 4 October 2003. California permitted Megan’s law to expire. Excellent!
Revised 15 July 2002 to include Judge Victoria's opinion declaring Michigan's law unconstitutional. Revised March 1, 2003 (9:40pm) revised March 5, 2003 (5:17pm). Revised August 28, 2003 (12:52pm)
Here is the federal case that shot down Michigan’s sex offender reporting law: http://www.lawyerdude.netfirms.com/5441.html or http://www.lawyerdude.8m.com/5441.pdf
On 1 July 2002, Iowa's new hysterical sex offender law took effect. Will lawyerdude be the first to overturn that statute? It is ripe for picking! If you live near a school, Iowa wants you to move. Hmm. When you pleaded guilty back in 1985 and got probation would you have taken the plea had you known that they would take on a lifelong tail on you. I don't think so. Hey, this is Ex Post Facto!
Also, the sex offender laws violate the constitutional protection against irrebuttable presumptions. See the Le Fleur case: http://www.lawyerdude.netfirms.com/5877.html
There are several excellent law review articles on the subject
SMITH v. SIEGELMAN (03/04/03 - No. 02-10005)
Public servants, who are being sued for money damages in their
individual capacities under 42 U.S.C. section 1983, are entitled to
qualified immunity with respect to the claim that they violated
plaintiff's Fourteenth Amendment rights by designating him a child
abuser without first affording him a due process hearing.
To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/11th/0210005.html
Supreme Court ruled Wednesday March 5, 2003 that states may put pictures of
convicted sex offenders on the Internet, a victory for states that
use the Web to warn of potential predators in neighborhoods.
In a separate narrow ruling, the court turned back a challenge from
offenders who argued they deserved a chance to prove they aren't
dangerous to avoid having their pictures and addresses put on the
Internet.
http://www.washingtonpost.com/wp-dyn/articles/A45347-2003Mar5.html
SMITH V. DOE (01-729)
259 F.3d 979, reversed and remanded.
http://supct.law.cornell.edu/supct/html/01-729.ZO.html
CONNECTICUT DEPT. OF PUBLIC SAFETY V. DOE (01-1231)
271 F.3d 38, reversed.
http://supct.law.cornell.edu/supct/html/01-1231.ZO.html n
Some Theory about Sex and Drug Laws and Emotion
All crimes are gender biased. Law follows emotion. Emotional issues beget bad laws. Megan's law were foisted on us by the feds. Betcha didn't know that. Federal funds were attached to a string that required states to put a tail on perverts. "Pervert" is a term of oppression and hatred. The hysterical new sex laws impose a scarlett letter for stuff that high school kids have done since before high school was invented. Hey, why not put a tail on car thieves, burglars, or murderers!
I began this page to publish our progress in dealing with Todd Kitching's case in Arizona. He is caught between two unconstitutional statutes from two states with bad government: Michigan and Arizona. Michigan's laws are bad because of the dumbing down influence of excess Negroes in that state. Arizona's laws are bad because of the predatory capitalists invading a previously pristine state and borrowing their bad laws from the collective stupidity of the state of Texas. (If there is anybody whom I have not offended yet. . . . . .did I mention Jews?)
5126 Full text of the 7th Circuit's opinion in Olech v Village of Willowbrook .
I have not found that California case yet.
End of this page.
Aint nothing to see down here.