Thursday, October 28, 2010
Failure to Register
According to my findings there are many issues with sex offender registration laws and one of them is the area surrounding a Failure to Register as a Sex Offender. Here is a simple list of the items I have at this time.
1. Due Process.
a. Authorities failed to provide proper notification in accord with 42 U.S.C. 16917 (b).
b. The Attorney General must comply with 42 U.S.C. 16917 (b).
c. S.O.R.N.A. Final Guidelines attempts to remove the responsibility of the Attorney General to comply with 42 U.S.C. 16917 (b).
d. The Attorney General has yet to prescribe rules for the proper notification under 42 U.S.C. 16917 (b).
e. Reasonable implementation of S.O.R.N.A. Missouri could not implement S.O.R.N.A. in a manner that would allow for proper notification without rules that “The Attorney General shall prescribe”.
2. In absence of the fulfillment of U.S.C. 16917 (b) Missouri must fall back on the provisions for reasonable implementation of S.O.R.N.A. for those that fall under Missouri Statute.
a. Missouri may not prosecute for failure to register under S.O.R.N.A. where notification is possible.
b. Missouri failed to exhaust all other means.
c. Adoption of federal guidelines for notification of registration requirements by state is not an option granted by Congress.
3. Missouri has ruled that there is an independent obligation under federal law to register.
a. Federal law has notification requirements.
c. “Affirmative Defense” applicable under 2250 if obligation is under federal law.
d. Act of commerce required for application under federal law.
e. Congress made attempts to keep Federal and State separated.
4. Retroactive application of S.O.R.N.A.
a. Carr v US sets the rule of order that events must take.
b. Carr v US defines how the order affects the retroactive application.
c. Carr v US changes rulings of Doe v Lee and Doe v Keathley.
d. Doe v Phillips still good.
e. 28 C.F.R. Part 72 Does not apply to 42 U.S.C. 16917 (b)
Although this list is only a partial one it should help to defend yourself in cases where notification was possible but not done. For the most part this issue affects the states and the ability to enact S.O.R.N.A. I am also faced with this issue and will update you as things progress.