Families of SOs Community Group
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To successfully show that these laws are punitive for those convicted before their enactment, there are a few things to consider----
You have to have the right defendant, one who has been affected by the increase harshness of these laws. This should not be the case, but I think it always helps to have a defendant who was not convicted of a truly egregious crime. Having a defendant convicted of child molestation would be much better than having a defendant convicted of repeatedly raping a two year old over a period of several years.
You have to have money, as it does take money to push these law suits, sometimes lots of money.
You have to have a good attorney that understands all these sex offender issues.
You have to find a court that will listen. The first stop would be a lower court and hopefully, as it did in the Starkey case, it would work its way up to the Supreme Court of California where a favorable decision would affect all the registrants of the state whose criteria fit the lawsuit. You can bet that if California lost in the lower courts, they would just keep appealing it to a higher court with the hopes of finding a court that would agree with their position. In the Starkey case, the state kept losing in the lower courts, but they kept rolling the dice and appealing it to a higher court. Finally they came to the Supreme Court and it was "game over" when they lost there.
California must have an ex post facto clause in their constitution. I don't know if it does, but not all states do. You have to keep in mind that a law suit could not attack the ex post facto clause of the federal constitution as that has already been decided by the United States Supreme Court in 2003 and you could not do that at the state level.
And you have to be patient. This process of working itself up the court will take a minimum of three years.
Accomplish all that and you win and you and your attorney become a hero to the thousands of registrants that have been burdened by having their requirements enhanced over the years.
Not a small task, but doable.
rewdiazepam
I dont see one crime better than another crime but the public does.
I have read about cases here in California who have been to court and lost. All of these people have not been out of prison very long, like 1-3 years. They could not show how this law was punishment, makes no sense to use 1-3 year released person when you have people like me and others with 35 years and more behind them that have lost everything
The first step is for someone to sue the state. Until that happens, expect more of the same.
rewdiazepam
I had my profitable business destroyed, my marriage failed when I went to prison, and I was not even guilty.
SO, I know how you feel.
rewdiazepam
I was 19.
I can't even enter several thousand careers. They are off limits.
People tell me to go to law school. I'd love to be a nurse. A vet. A doctor. A teacher. A librarian. I can't even change bed pans at a nursing home.
Nope.
My interests and capacity to learn are almost limitless but my options very limited.
I'm thankful for my job. I'm fearful if I ever lose it.
I was voted 'most likely to succeed' my senior year of high school. Ironic, huh?
I'd love to be a nurse or lawyer. I'd gladly go back to school if I could.
Is it better to experience something and have it taken away or just long for the experience you know you'll never get?