Who Gets to Define the Crime? | The Regulatory Review

Who Gets to Define the Crime? | The Regulatory Review: A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.

Wisconsin Justice Initiative blog

Wisconsin Justice Initiative blog: By Gretchen Schuldt A lawyer threw up his hands, rolled his eyes and, according to Milwaukee County Circuit Judge David Borowski, treated the judge "like some kind of idiot" before Borowski found him...





https://www.wjiinc.org/blog/defense-lawyers-group-calls-on-borowski-to-fix-contempt-error-and-apologizeor-resign

Defense lawyers group calls on Borowski to fix contempt error and apologize...or resign 10/30/2018 0 Comments   Borowski By Gretchen Schuldt ​Circuit Judge David Borowski should resign if he does not apologize and remedy the error he made last week in finding an assistant state public defender in contempt of court, an organization representing Wisconsin defense lawyers said Tuesday. The Wisconsin Association of Criminal Defense Lawyers said Borowski should  vacate the contempt finding against Assistant State Public Defender Puck Tsai, who was handcuffed and detained in a cell after the judge said Tsai rolled his eyes and threw his arms up. Borowski did not give Tsai an opportunity to speak before having him incarcerated, even though the right to speak before contempt sanctions are imposed is well-established in Wisconsin.

Can Wiping Criminal Records Grow Wisconsin's Workforce? | Wisconsin Public Radio

Can Wiping Criminal Records Grow Wisconsin's Workforce? | Wisconsin Public Radio

WisBar News: Court Clarifies Law on Ineffective Assistance of Counsel for Multiple-Count Trials:

WisBar News: Court Clarifies Law on Ineffective Assistance of Counsel for Multiple-Count Trials:



“It is hard to imagine anything more prejudicial than submitting child pornography extracted from the defendant’s phone to the jury for its consideration during deliberations,” Justice Abrahamson wrote in a separate writing.

Sex Offender With Undisclosed Facebook Wins Appeal

Sex Offender With Undisclosed Facebook Wins Appeal

https://reason.com/blog/2018/05/23/lifetime-gps-tacking-is-not-punishment-s

In addition to facilitating constant surveillance, then, GPS tracking conspicuously marks anyone who wears it as someone to be shunned, feared, despised, and perhaps worse. That mark of shame compounds the stigma associated with registration as a sex offender, which also entails restrictions on where people can live, work, or "loiter." But according to the Wisconsin Supreme Court, the public shaming is incidental to the main purpose of GPS tracking, which is regulatory rather than punitive. "In light of the 'frightening and high' rate of recidivism for sex offenders," the court says, "the relatively minimal intrusion of lifetime GPS tracking...is not excessive in relation to protecting the public."

That "frightening and high" quote comes from a 2002 opinion by Supreme Court Justice Anthony Kennedy, who asserted that "the rate of recidivism of untreated offenders has been estimated to be as high as 80%." Kennedy seems to have gotten that number from Solicitor General Ted Olson, who cited a DOJ manual that in turn relied on an unreferenced 1986 estimate in Psychology Today. That estimate has been debunked repeatedly and repudiated by its original source. It nevertheless lives on in the decisions of courts across America, justifying all manner of restrictions on sex offenders.

Walker Appoints New Corrections Secretary | Wisconsin News | US News

Walker Appoints New Corrections Secretary | Wisconsin News | US News

US: Sex Offender Laws May Do More Harm Than Good | Human Rights Watch

US: Sex Offender Laws May Do More Harm Than Good | Human Rights Watch



Laws aimed at people convicted of sex offenses may not protect children from sex crimes but do lead to harassment, ostracism and even violence against former offenders, Human Rights Watch said in a report released today. Human Rights Watch urges the reform of state and federal registration and community notification laws, and the elimination of residency restrictions, because they violate basic rights of former offenders.

Teresa Halbach Wiki: The Real Forgotten Victim in "Making a Murderer"

Teresa Halbach Wiki: The Real Forgotten Victim in "Making a Murderer"

Response to the Recent Time Magazine Article, ‘Bad Men’ – SOSEN.ORG

Response to the Recent Time Magazine Article, ‘Bad Men’ – SOSEN.ORG

Appeals court reverses twice-convicted sex offender’s lifetime G - WECT TV6-WECT.com:News, weather & sports Wilmington, NC

Appeals court reverses twice-convicted sex offender’s lifetime G - WECT TV6-WECT.com:News, weather & sports Wilmington, NC



NEW HANOVER COUNTY, NC (WECT) -

A state appeals court has reversed a ruling that would have required a twice-convicted sex offender wear a GPS monitoring bracelet for the rest of his life.

In 1997, Torrey Dale Grady, 39, pleaded no contest to a second-degree sex offense, and in 2006, he pleaded guilty to taking indecent liberties with a child. Both incidents took place in New Hanover County.

Although Grady was not initially required to enroll in the state’s satellite-based monitoring program (SBM) after either conviction, in 2013 the court held an SBM “bring-back” hearing and determined his convictions were both “sexually violent offenses” and ordered him to enroll in the program for the remainder of his life.

In his appeal, which was eventually heard by the U.S. Supreme Court, Grady argued the lifetime enrollment in the SBM program violated his right to freedom from unreasonable searches and seizures, as provided by the Fourth Amendment. The nation’s highest court remanded the case for N.C. courts to determine the reasonableness of Grady’s lifetime enrollment in the program.

In a July 2016 hearing, the trial court again determined life-long monitoring of Grady was reasonable; however, the appeals court disagreed in a 2-1 ruling (below) released on Tuesday.

[T]he State failed to present any evidence (in the hearing) concerning its specific interest in monitoring defendant, or of the general procedures used to monitor unsupervised offenders. Instead, the State submitted copies of the two sex offense judgments and defendant’s criminal record, arguing that defendant himself was “Exhibit Number 1” of SBM’s success in deterring recidivists, because “[s]ince he’s been monitored, guess what: He hasn’t recommitted, he hasn’t been charged with another sex offense.” However, Officer Pace, the State’s sole witness, testified that the ET-1 (ankle bracelet) cannot actually prevent an offense from occurring.

The lone dissenting judge opined that unless the state’s SBM program is deemed unconstitutional at face value, the “burden of proof” the State is required to show when arguing GPS monitoring is reasonable is greater than the level the General Assembly has set.

In March, Grady was convicted of three sex offender violations – verification of registration information violation, failure to change address and failure to register as a sex offender, according to N.C. Department of Corrections records.

https://docs.google.com/viewerng/viewer?url=http://WECT.images.worldnow.com/library/e7fcfaa1-ce40-48d1-8600-0370303ca097.pdf

http://www.wect.com/story/28648665/supreme-court-twice-convicted-nhc-sex-offender-can-challenge-lifetime-gps-monitoring

Watch Jim DeFede Shut Down Ron Book | Florida Action Committee

Watch Jim DeFede Shut Down Ron Book | Florida Action Committee

Wisconsin High Court: Lifetime GPS Monitoring Not Punishment | Wisconsin News | US News

Wisconsin High Court: Lifetime GPS Monitoring Not Punishment | Wisconsin News | US News

The Court of Appeals believes the victim (even when the jury doesn’t) | Appellate Squawk

The Court of Appeals believes the victim (even when the jury doesn’t) | Appellate Squawk

A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life - Hit & Run : Reason.com

A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life - Hit & Run : Reason.com

The Coeur d'Alene Press - Local News, Sex offender registry snafu

The Coeur d'Alene Press - Local News, Sex offender registry snafu

VARYING DEFINITIONS OF SEXUAL ASSAULT BRING CONFUSION ON CONSENT | The Advocate Online

VARYING DEFINITIONS OF SEXUAL ASSAULT BRING CONFUSION ON CONSENT | The Advocate Online

More focus needed, not less

Well, okay, so some stats were off: That’s sort of the nature of statistics, isn’t it? That stats aren’t ever going to be 100 percent reflective of the data they’re trying to represent.

But these statistics are actually pretty important. According to the FBI’s website, Uniform Crime Report data that is submitted by police departments “serves many purposes. [It] provides law enforcement with data for use in budget formulation, planning, resource allocation, assessment of police operations, etc., to help address the crime problem at various levels.”

In other words, a significant amount of financial allocation is based on this data. A reduction in the reporting of sexual assault equates to a reduction in the amount of money to be dedicated to combating sexual assault.

The real question, then, is whether or not sexual assault can be reined in all by the legal system. Is it up to lawyers and judges to deter rapists? Is it up to police? Is this a battle to be waged culturally? Are those damned feminists just making a huge issue out of nothing?

We at the Advocate firmly believe that reductions in reporting of sexual assault will not reduce sexual assault, and will make the problem worse.

Misuse and abuse of power occurs in the shadows, when facts and realities are obscured. A quick look at Hollywood in the past year or so shows that transparency and accountability are absolutely crucial when it comes to challenging cultural norms and fighting injustice.

This change in the DoJ’s wording is decidedly a step backward in the fight to combat sexual assault.

Hey, NJ — 'Dead Kids Make Bad Laws'

Hey, NJ — 'Dead Kids Make Bad Laws'

"Dead kids make bad laws"

The above quote isn’t mine, and I would give attribution except that I don’t know who originally said it, but it is so true. Dead kids usually make for emotional, broad brush laws that do more harm than good. I know that in NJ we feel proud of ourselves that we are the state that pioneered the sex-offender registry called Megan’s Law, the law that arose from tragedy in 1994, when 7-year-old Megan Kanka of Hamilton Township was raped and killed by Jesse Timmendeques, a neighbor. But anytime tragedy befalls a child, we have to think very carefully before we come up with some law that might potentially save “just one child” but also might potentially ruin many, many lives (as has happened in the case of the Megan’s law registry).

–– ADVERTISEMENT ––

So why do you hear so many bad laws named after children who have passed away? Because these laws are generally an emotional knee-jerk reaction when people are distraught and desperate. Many times they are rushed through the legislature and have not been thought through. This is why the New Jersey Supreme Court seems to be backpedaling a little bit by allowing some people who committed sex offenses as youths to be removed from the list.

So some people convicted of sex crimes as youths will thankfully no longer be on the offender list for life. The state Supreme Court has ruled that people convicted of aggravated sexual assault and related crimes before their 18th birthday can now petition a court to be removed from the state's registry of about 16,000 sex offenders. About 4,300 people convicted of the most serious sex crimes are in the public Megan's Law database.

We are now realizing that the likelihood of sex offenders to commit new sex crimes is pretty low. Turns out that people convicted as youths have very little chance of re-offending, especially after undergoing therapy.

This stupid system incites unnecessary violence and vigilante justice and often just punishes innocent people due to a past mistake. The recidivism rate for sex offenders is 5.3%, the lowest among any type of criminal. "Sex offenders" include, but are not limited to streaking, statutory rape, sexting, hiring a prostitute, prostitution, bestiality, incest, date rape, rape, and child molestation.

Is a man who has a relationship with his 16 yr old girlfriend, at age 23, a rapist? This law also doesn't take into account lies girls tell to get boys 18, or 19 to sleep with them, claiming to be 17 when they are in fact 15. Nor does it distinguish a person guilty of sleeping with their underage by a day girlfriend in a consensual sexual relationship. Yes, he’s on the same list as a serial rapist. Yeah, different tier, but are YOU gonna really check the tier??

While I understand the zeal to protect children from true sex crimes, Megan’s Law unfortunately doesn’t do it most of the time. It does, however ruin lives, most of the time.

Judge: Wisconsin sex offender can visit sick son at hospital - StarTribune.com

Judge: Wisconsin sex offender can visit sick son at hospital - StarTribune.com

Corrections Secretary Pledges No Private Prisons | Madison365

Corrections Secretary Pledges No Private Prisons | Madison365

Attorney general leads 10th Circuit states in opposing ruling | Local News | theadanews.com

Attorney general leads 10th Circuit states in opposing ruling | Local News | theadanews.com



This could have national implications...

Federal Appellate Court (11th Cir.) requires distribution of CP to be knowing. | Florida Action Committee

Federal Appellate Court (11th Cir.) requires distribution of CP to be knowing. | Florida Action Committee



The Eleventh Circuit Federal Appellate Court (our circuit), reversed the conviction of a man who had been charged (and convicted) of distribution of child pornography, but upheld his possession count.

Advocacy Requires Flexibility, Respect, Integrity,...

It's Time to Reduce, Reconstruct, Reclassify, Rethink and Reform the Virginia Sex Offender Registry: Advocacy Requires Flexibility, Respect, Integrity,...: Today someone tweeted this article https://www.teenvogue.com/story/charlene-carruthers-what-i-wish-i-knew-about-community-organizing an...

DOC Reaches $18.9M Settlement With Youth Inmate Injured In Attempted Suicide | Wisconsin Public Radio

DOC Reaches $18.9M Settlement With Youth Inmate Injured In Attempted Suicide | Wisconsin Public Radio

Losing Track | Series | WisconsinWatch.org

Losing Track | Series | WisconsinWatch.org



This is a great series of articles that have been ongoing since 2013... Each installment superb investigative reporting. 



Thank you Riley and Mario!

Homeless offenders create gaps in Wisconsin’s GPS monitoring system | WisconsinWatch.org

Homeless offenders create gaps in Wisconsin’s GPS monitoring system | WisconsinWatch.org

Wisconsin doubles GPS monitoring despite five years of malfunctions, unnecessary jailings | WisconsinWatch.org

Wisconsin doubles GPS monitoring despite five years of malfunctions, unnecessary jailings | WisconsinWatch.org

CUSH stands in opposition to remarks of Kenosha County Sheriff David Beth | Views | wisconsingazette.com

CUSH stands in opposition to remarks of Kenosha County Sheriff David Beth | Views | wisconsingazette.com

County opposes corrections bills | Superior Telegram

County opposes corrections bills | Superior Telegram

We’re Putting Sex Offender Stamps on Passports. Here’s Why It Won’t Curb Sex Tourism & Trafficking.

We’re Putting Sex Offender Stamps on Passports. Here’s Why It Won’t Curb Sex Tourism & Trafficking.

New Passport Rules for Sex Offenders | HuffPost

New Passport Rules for Sex Offenders | HuffPost

Wisconsin prison guards investigated by federal authorities after breaking teen inmate’s arm – ThinkProgress

Wisconsin prison guards investigated by federal authorities after breaking teen inmate’s arm – ThinkProgress

Gov. Walker Calls For Closing Of Lincoln Hills | Wisconsin Public Radio

Gov. Walker Calls For Closing Of Lincoln Hills | Wisconsin Public Radio

Alders relax sex offender residency restrictions with legal threats looming - The Star: News

Alders relax sex offender residency restrictions with legal threats looming - The Star: News

Prison committee begins its work | The Kewaunee Comet

Prison committee begins its work | The Kewaunee Comet

Report: Federal Prosecutors Targeting 2 Former Guards In Lincoln Hills Probe | Wisconsin Public Radio

Report: Federal Prosecutors Targeting 2 Former Guards In Lincoln Hills Probe | Wisconsin Public Radio