Families Affirming Community Safety (FACTS)

December 17, 2009

John Doe and Jane Doe 1 through 20 et al v. State of Nebraska et al

Filed under: Legal — constitutionaldefense @ 11:41 am
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On Wednesday, Dec. 16 a complaint was filed in federal court to block the implementation of LB 285 and related legislation. The complaint says that the law is unconstitutional and asks for a preliminary injunction to halt implementation of the law until many questions about its constitutionality are settled by the courts.

They have requested:

  1. A declaration that LB 97 and LB 285 violate, both facially and as applied, the ex post facto clause of the United States Constitution;
  2. A declaration that LB 97 and LB 285 violate, both facially and as applied, the ex post facto clause of the Nebraska Constitution;
  3. A declaration that LB 97 and LB 285 violate, both facially and as applied, the double jeopardy clause of the United States Constitution;
  4. A declaration that LB 97 and LB 285 violate, both facially and as applied, the double jeopardy clause of the Nebraska Constitution;
  5. A declaration that LB 97 and LB 285 violate, both facially and as applied, the cruel and unusual punishment clause of the United States Constitution;
  6. A declaration that LB 97 and LB 285 violate, both facially and as applied, the cruel and unusual punishment clause of the Nebraska Constitution;
  7. A declaration that LB 97, as amended by LB 285, violates, both facially and as applied, the search and seizure clause of the United States Constitution;
  8. A declaration that LB 97, as amended by LB 285, violates, both facially and as applied, the search and seizure clause of the Nebraska Constitution;
  9. A declaration that LB 97 and 285 violate, both facially and as applied, the due process clause of the United States Constitution;
  10. A declaration that LB 97 and 285 violate, both facially and as applied, the due process clause of the Nebraska Constitution;
  11. A declaration that LB 97 and 285 violate, both facially and as applied, the equal protection clause of the United States Constitution;
  12. A declaration that LB 97 and 285 violate, both facially and as applied, the equal protection clause of the Nebraska Constitution;
  13. A declaration that LB 97 and 285 violate, both facially and as applied, the special legislation clause of the Nebraska Constitution;
  14. A declaration that LB 97 and 285 violate, both facially and as applied, the freedom of speech guaranteed by the United States Constitution;
  15. A declaration that LB 97 and 285 violate, both facially and as applied, the freedom of speech guaranteed by the Nebraska Constitution;
  16. A declaration that LB 97 and 285 violate, both facially and as applied, the contracts clause of the United States Constitution;
  17. A declaration that LB 97 and 285 violate, both facially and as applied, the contracts clause of the Nebraska Constitution;
  18. A declaration that LB 97 and 285 violate, both facially and as applied, the separation of powers doctrine of the Nebraska Constitution;
  19. A preliminary injunction prohibiting each Defendant from enforcing LB 97 and LB 285 during the pendency of this matter;
  20. A permanent injunction prohibiting each Defendant from enforcing LB 97 and LB 285;
  21. Reasonable attorney fees; and
  22. Other and further relief the Court deems just and equitable.

http://dockets.justia.com/docket/court-nedce/case_no-8:2009cv00456/case_id-50706/
https://constitutionaldefense.files.wordpress.com/2009/12/complaint.pdf
https://constitutionaldefense.files.wordpress.com/2009/12/brief-main-one.pdf

LB 285 Will Make Nebraska More Dangerous

Filed under: Child Safety — constitutionaldefense @ 10:43 am
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Phillip Garrido, who kidnapped Jayce Dugard and assaulted her for 18 years, was in 100% compliance with some of the toughest ‘sex offender’ legislation in the country, including GPS monitoring AT THE TIME of her abduction.  Every expert on this case has agreed that the over burdened system is THE reason he was able to get away with this.  Every recommendation has been that registrants who do not pose an elevated risk, need to be off the registry so they can focus on the dangerous registrants.

California (the state where this occurred) has over 90,000 registered ‘sex offenders’.  A recent study showed that 9% (about 8,000) were dangerous.  Another approximately 20% were moderately dangerous, but still in treatment, meaning their risk was being lowered.  The other 71% had no elevated risk of danger to the public.  So nearly 65,000 registrants were being monitored that posed no elevated risk.  And if they implement Adam Walsh Act, that number will not only increase dramatically, but most of the non dangerous registrants will be on there for life.  That will make the situation exponentially worse in 10 to 15 years.

Another study showed that the offender classification system used in LB 285 fails to protect the public and in fact increases the danger.

The true danger of laws like this is that they ‘hide’ the dangerous registrants, allowing them more freedom to commit their vile deeds.  Laws like this, meant to protect children, actually over burden the State Patrol to such a degree, that it is easier for predators to ‘hide’ in the system.

MYTH #1: “SEX OFFENDERS WILL ALWAYS KEEP OFFENDING.”
MYTH #2: “TREATMENT DOESN’T MAKE ANY DIFFERENCE.”
MYTH #3: “THE GREATEST THREAT TO OUR CHILDREN COMES FROM STRANGERS.”
MYTH #4: “BANNING SEX OFFENDERS FROM PLACES WHERE CHILDREN CONGREGATE WILL SIGNIFICANTLY PROTECT OUR CHILDREN.”
MYTH #5: “TOUGHER LEGISLATION IS THE ONLY SOLUTION.”
MYTH #6: “THE ONLY WAY TO DEAL WITH THEM IS PUT THEM BEHIND BARS.”
MYTH #7: “MANDATORY MINIMUM SENTENCES ARE EFFECTIVE AND WILL HELP PROTECT SOCIETY.”
MYTH #8: “SEX OFFENDER REGISTRIES ARE NECESSARY TO PROTECT SOCIETY.”
MYTH #9: “TRACKING DEVICES ARE A PRACTICAL AND JUST MEANS FOR KEEPING SEX OFFENDERS UNDER SURVEILLANCE.”
MYTH #10: “THE EXPERTS SAY THAT STRONG, REPRESSIVE MEASURES ARE NECESSARY TO KEEP SEX OFFENDERS FROM RE-OFFENDING.”

http://www.reformsexoffenderlaws.org/materials/10myths.php

Myth – All sex offenders are child molesters and all child molesters are predators.
Myth – Strangers are lurking at school bus stops or around playgrounds looking for children to molest.
Myth – Depraved adults commit all sex crimes.
Myth – Men who molest boys are homosexuals or bisexual.
Myth – Sex offenders have the highest recidivism rate (some quote 95%) and allowing them back into society is a mistake.

http://www.ipce.info/newsletters/e_22/2_1_myths_and_facts.htm

General mythology, including the economic costs.

http://www.americanchronicle.com/articles/view/25866

Once a ‘sex offender’, always a ‘sex offender’?  This study shows that this common myth is completely unfounded.

http://www.springerlink.com/content/58732032586098h3/

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