News of general interest to the WAR community.
They are only thoughts. It may have happened in the past, but it may never happen in the future. Everyday Mindfulness #mindfulness The Adam Walsh Act wrongly preserves past mistakes made by many sex offenders in perpetuity regardless of anything. Neither the amount of responsibility accepted by the offender, the amount of counseling and work at self-discovery, repair, and change by the offender, nor the act of repentance...
Arizona Citizens Have Right to Internet Privacy Arizonans have a constitutional right to online privacy to keep police from snooping around to find out who they are without first getting a warrant, the state Court of Appeals has ruled. In what appears to be the first ruling of its kind in the state, the majority said Internet users have a “reasonable expectation of privacy” that the information they...
The Missouri Legislature is prohibited from inflicting punishment on a particular person or group through legislative action without trial or judicial action,” the petition reads. “SORA violates the above constitutional bans as it imposes punishment on an affected class whose membership is based entirely on past conduct with no method or process provided for escaping the class. Lawsuit Challenges Missouri Sex Offender Laws
As DOJ Implements Sentencing Reform Law Read this Alabama Public Radio report about this First Step Act reform....
Seventh Circuit Court of Appeals holds colleges legally responsible for their woke ideology Whenever I read a court opinion describing a campus sexual-assault proceeding, I routinely find myself shocked at the staggering unfairness and ridiculous bias of campus kangaroo courts. Driven by the need to find more men guilty — and rationalized by a #BelieveWomen ideology — campus administrators have systematically discarded every fundamental notion of due process...
Three convicted sex offenders have filed a lawsuit challenging Tennessee legislation that would make it a felony for them to live with their children. The Tennessean reports Judge William Campbell Jr. granted a temporary restraining order Friday. A hearing on the request for an injunction is July 11. The legislation is set to become law July 1. Under the law, convicted sex offenders could be subject to arrest...
Non-Delegation Doctrine Update In this Competitive Enterprise Institute article, it is stated that there is a long road ahead to take legislative powers away from U.S Administrative authorities but this U.S. Supreme Court case are taking the next steps towards limitations. Since before the United States was founded, it was understood for centuries that the legislature could not delegate their lawmaking powers by allowing the executive to decide...
child pornography case testing power of judges and juries The Supreme Court ruled Wednesday that even sex offenders deserve to have the reasons for their sentences determined by a jury, not a judge. The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge's new findings is unconstitutional. Supreme Court precedent gives juries, not judges, the power to determine criminal conduct. Associate...
How Supervision Violations Are Filling Prisons and Burdening Budgets Human Rights means NOT Confined! The Council of State Governments Justice Center graphical representation on how prison populations are filling up due to supervision violations. Probation and parole are designed to lower prison populations and help people succeed in the community. New data show they are having the opposite effect. Until now, national data regarding the impact of probation...
Opinion analysis: Court refuses to resurrect nondelegation doctrine If you have been following this case, Gundy v. United States, here is an excerpt and analysis from SCOTUS Blog : The Supreme Court today refused to resurrect the nondelegation doctrine, the long-dormant principle that Congress cannot transfer its power to legislate to another branch of government. The case, Gundy v. United States, involved a provision of the Sex Offender...
Failure to register indictments in Missouri In this Callaway County, Missouri Fulton Sun news article, 8 registered citizens were indicted on Failure to Register violations. Never mind the upheaval, the additional shame, the cost – monetary and emotional, – the lost time to work and be with family, and so on, please mark your calendars or your calendar apps when you need to appear under Nevada's new Adam...
Law allowing no exceptions to sex offender registration is unconstitutional, Alaska Supreme Court rules The Alaska Supreme Court has ruled that the state’s sex offender registry law violates offenders’ right to due process. Alaska ruling says all registrants not equal!
Justices Rule States and Feds Can Prosecute Someone for ‘Same Crime’ Ginsburg said in her dissent: “Different parts...
Contradicting its Own New Data A new report released by the Bureau of Justice Statistics should put an...
Nevada sees many new laws, but how will they affect you?
“Divided, we stand?” by Scott Pelley As we reflect on the sacrifices made by fallen Soldiers, Sailors, Marines,...
Urgent Need For Sex Offender Law Reform A new report by The Fortune Society and many advocates urges much need reform of current laws and restrictions placed upon sex offenders. Registration laws for those convicted of sex-related offenses, and more specifically the housing restrictions that impact these individuals, are counterproductive. The registries ensnare the wrong people. Over-broad housing restrictions make communities less safe while fostering a false sense...
The US Supreme Court to rule in Gundy v U.S. Background on this case, — Gundy v U.S — from a November, 2018 American Bar Association article by Trish McCubbin can be read here. W.A.R. president Vicki Henry reports that the U.S. Supreme Court will decide on the merits of this doctrine in Gundy v U.S before the end of June, 2019.
New York University Law Review Article One of the predominant themes in the criminal justice literature is that prosecutors dominate the justice system. Over seventy-five years ago, Attorney General Robert Jackson famously proclaimed that the “prosecutor has more control over life, liberty, and reputation than any other person in America.” In one of the most cited law review articles of all time, Bill Stuntz added that prosecutors—not legislators,...
Would have allow officials to temporarily block convicted sex offenders from using emergency shelters As reported in this ABC News Station WJLA by The Associated Press The legislation would have allowed shelter officials to deny entrance for convicted sex offenders...
