Jaded lawmakers fill prison nation
excerpted from the article entitle above
The United States incarcerates far more people than any other country.
In 2007, one in every 100 citizens in the U.S. was incarcerated. Tougher
and tougher sentencing including enhanced penalties, minimum maximums
and mandatory sentencing has filled our jails and penitentiaries to
capacity....
...
Human Rights Watch recently released a report outlining how our current
sex offender laws are not only ineffective but in some cases counter
productive to the safety of our population. During a recent joint
judiciary meeting no mention was made of this fact. Lawmakers continued
business as usual.
an email exchange between Mary Gay, RSOL Utah and Wyoming
Email from a member of RSOL Wyoming to the RSOL Wyoming State Organizer, Mary Gay documenting an interaction with the Wyoming Chapter of the American Civil Liberties Union.
I had been convicted of a misdemeanor Non-violent offense in 1993. I was told last year that I had to register for life as a sex offender because of a law that passed after my conviction, long after. I understood that the U.S. Constitution protects me from EX POST FACTO laws I guess I was wrong or was I. My belief in Wyoming Government is severely shaken. this new law clearly violates my constitutional rights not only for retroactive punishment but everything that I was living for is now taken away from me I no longer have the right to see my children in school activities. I had written the superintendent over our school district and was refused permission to see my children at school events that my children are attending, when before this law I had no restrictions to my family. As my children grow older they will probably be persecuted also for this misdemeanor that happened 17 years ago. Now that I have to register as a Sex Offender I have a hard time finding work I have been unemployed for 5 months now, my wife is severely discouraged with this, our marriage will probably fail. Recently there have been murders of sex offenders from listings of addresses of known offenders on the internet. Now the Attorney General of Wyoming has the right to override the US Constitution, WOW! What next.
ex post facto adj. Formulated, enacted, or operating retroactively. [Med Lat., from what is done afterwards]
Source: AHD
In U.S. Constitutional Law, the definition of what is ex post facto is more limited. The first definition of what exactly constitutes an ex post facto law is found in Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase:
Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall priv
Amendment 14 - Citizenship Rights. Ratified 7/9/1868.
Note: History
Subject: RE: distressed
Date: Tue, 15 Dec 2009 19:47:26 -0500
From: acluwy@aclu.org
To: ______@______.com
Dear Mr. H_______:
Thank you for contacting the Wyoming Chapter of the American Civil Liberties Union (ACLU). We are committed to combating unconstitutional practices, and your complaint is important because it helps us identify problems in Wyoming.
We received your email on December 13, 2009, in which you state that you believe Wyoming has violated ex post facto laws by requiring you register as a sex offender for a misdemeanor that occurred 17 years ago. We regret that we are unable to assist you in this matter. The courts have held that registration is a civil collateral consequence of a conviction involving a sex offense, rather than a punishment. For example, if you were to have been convicted of a violent felony in Wyoming, you could permanently lose your right to vote -- this would be considered a civil collateral consequence, not a punishment. As registration is not considered punishment by the courts, it does not implicate ex post facto laws.
You also stated in your email that the school superintendent where your children attend school has banned you from attending school events and activities. Please send a letter to the superintendent requesting that she or he send you a letter stating the basis for her or his authority to ban you from school activities. If you do not receive a response, follow up in two weeks with a phone call renewing your request. Please send us a copy of your letter and the response you receive (or the fact that you don't receive a response), along with a copy of this email, to us at:
Wyoming
ACLU
P.O. Box 20706
Cheyenne,
WY 82072
Again, we are sorry that we cannot assist you on the registration issue, but we will wait to hear from you about the superintendent. If you require assistance concerning another matter, please do not hesitate to contact us.
Sincerely,
Wyoming Chapter
American Civil Liberties Union
Sweetwater County School District #2
ATTN: Craig Sorensen
320 Monroe Ave.
Green River, WY 82935
To: Craig Sorensen
Again I will ask permission to see my children in school events and activities and to pick them up when they are sick. If you do not allow me permission then I ask you to submit in writing the basis of your authority to ban me from my children’s school activities and events. Keeping in mind that I have attended all of my children’s school activities and events prior to these law changes, again it brings undo hardship to my family not to allow me to participate in my children’s learning experience.
Sincerely,
Contact the