Sex Offender Score

If you have a credit card, then you have a FICO score. A FICO score is something that measures an individuals credit rating and gives an ability to establish credit or trust between parties. At least with a credit rating, there are various programs to assist people such as counseling, programs, Fair Credit Act laws and a statue of limitations that allow people to rebuild their lives. However, when it comes to the sex offender registry, there are no robust programs, free counseling, fair laws, and the loom of civil commitment issues hangs over the heads of many offenders.

I was trying to form some primary rationale as to why there should be any form of a sex offender registry. Sure, there may be a level that registries pose a deterrent. However, that logic is somewhat dismissive because we are witnessing an increase in registry offenses due in part to the #metoo movement. But what would happen if police were privy in access to sex registries? Would that make things any better for those affected? I would argue specific cases in the State of Colorado where low-level offenders are not required to be listed on public registries. It is the local police that prints a comprehensive or a complete listing of all registrants for anyone that asks. Regardless of what state law mandates, it is an abuse of certain police powers when leaders take upon themselves to create a hole in the system. Therefore leaving that specific power to law enforcement doesn’t seem to be in the best interest of having a hidden registry if it is currently being abused.

Another problem with the sex offender registry is the tier system. At least with a credit report, you are provided a number or score. Perhaps if the offender registry had a FICO styled number that could indicate the seriousness of an individual. After all, the registry is a lump sum deal. Maybe it is time to sort out the violent offenders from the fraternity house field streakers. Let’s say there is a calculation score of 320 for a person with multiple sex offenses, fails to register when required to do so, and the age of the most recent crime is less than a year old. Then there is the best rating of 850 for an offender with a misdemeanor conviction of an offense that is over fifteen years old. If there were a numbering pattern the registry tier system would get small very quickly. However, for the FICO styled registry to work states must allow a measure for offenders to be unconditionally released to allow ratings to increase.

Additionally, if the scoring system is high for certain registrants, then that could allow offenders to be removed from GPS monitoring as long as he/she remains compliant or maintains a specific score level. Is revamping the tier system a good idea? I cannot say. What I do suggest is that while I am for a complete dismantling of the registry system in America. I am willing to compromise and reform the current registry standard into something a bit reasonable and fair across the board. The current lump sum registry system is antiquated and doesn’t serve a purpose to educate or protect the public.

The fair credit act in America protects consumers from predatory styled tactics by lenders, creditors, and third-party agencies. Perhaps our criminal justice system should embrace necessary forms of this method and implement a fair sentencing act that doesn’t create conditions that harm families concerning offenders. Offenders and families shouldn’t be forced to move because a school, park or daycare is so many feet from an individual. If a crime occurs, then there are laws on the books to handle that particular issue. Perhaps introducing a sex offender score could alleviate parts of the current tier program that appears ambiguous and in most cases unfounded. But to overlap code with another law is nothing more than a bizarre method of assumption and defeats the purpose of a registry altogether. To address civil commitment issues, there may be a clause to structure a fair scoring system where a threat is a score that matches a blatant disregard for the law or yields mental health instabilities. At least these individuals would be allowed immediate sex offender treatment at a mental health facility rather than a prison.

The bottom line is that fear drives the sex offender registry and where there is a political motive or business drive there will some forms of corruption and ethical violations. People experience similar instances when reviewing his/her credit report when errors or blemishes impact the overall score. At least with a credit report, there are ways to repair it while offender registries fail to address or allow reasonable forms of rehabilitation. If rehabilitation is to become effective, then there must be a discussion as to how to create a workable solution so that offenders are allowed to return to some normalcy of society. Perhaps a scoring system may be an idea or suggestion of how to separate those violent offenders from non-violent offenders. Additionally, it may create a useful dialog as to if the registry is still valid and relevant in today’s society?

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Out of Control Immigration

If you asked me a year ago about immigration reform, I would probably shrug my shoulders as if immigration issues don’t really affect me. Ask me today, and my answer will demonstrate an out of control point. A close friend of mine recently had a car accident where another motorist ran a red light t-boning his car. He was injured, and both cars were totaled. What makes this interesting is the person that was at fault was in the United States illegally driving someone else’s driver license with expired license plates under a fictitious company name and no insurance. Needless to say, it is a messy situation. The driver was arrested but released on bond and never showed up to court leaving the insurance company to sort it all out. The police officer that arrived at the court said he has dozens of similar cases mounting to frustrations, but his department is prohibited from making minor traffic infraction stops for fear of profiling.

 

I am mindful that this case could be a small portion of issues versus an entire migrant population that does obey the law. However, I am surrounded by illegal pop-up businesses in my neighborhood. It is so bad that county inspectors come to cite improper business operations without a license or permit only to have the inspector be greeted by someone that doesn’t speak English or a different person on each visit. The homeowner who doesn’t exist receives unanswered mail. The county inspector I recently spoke with said, “I have thousands of such infractions that have overwhelmed our department. All we can do is flag the property tax records to collect.” Many of the homes with illegal businesses have children born in the United States making them immediate citizens while the parents are the ones here more than likely illegally. It is a huge dilemma that places innocent children and parenting at risk begging the question of how to remedy the immigration problem?

 

Another issue in our neighborhood is Hispanic gang activity. To be honest, I was unaware of this activity until police began hinting at organized crimes where innocent people are gunned down to clear neighborhoods to make them Hispanic or Latino only. A recent violent parking lot robbery only blocks from my home have put my community on high alert. I fear that because there is a division between Hispanics, African Americans, and Caucasians. The tension is growing because of hit and run accidents, graffiti on homes or stop signs, break-ins, and violent crime. It seems that when an arrest is made and a deportation order is rendered that the person disappears into the system only to reappear later under another false pretense of an assumed name. Our town has seen too many repeat offenders that were deported only to return within the year. To me, this is nothing more than a form of organized crime.

 

Personally, I want everyone to have a chance at the American Dream. But I do have an expectation and prioritization that those that applied and provided due diligence in the official application process be granted priority. Those that bypassed the process should, in my opinion, go straight to an immigration jail. There are rules and procedures for a reason. I think it is time to revamp our naturalization laws with regards to birthing rights. Your parents must be American if you are born in the United States. If the laws are good enough for our allies, then it should be good enough for us. I am not trying to close the door on immigration. Instead, I suggest that we have a door that opens and closes. The current immigration door appears to be propped open with no guard at the door checking to make sure that those that meet our basic immigration standard are allowed into the United States.

Student Conduct is Dangerous

If you ever attended a college or university, you may have heard of student conduct or an office at the college that regulates conduct and conflict resolution. These organizations became a part of the school to mainly deal with arguments in housing, cheating in the classroom and to help reduce underage binge drinking. Over time student conduct offices have morphed into a significant oversight from criminal charges to mental health regulatory affairs. This is where I think there should be a line drawn for such organizations like campus student conduct.

The first problem is Title IX. Title IX is a comprehensive federal law that prohibits discrimination by sex in any federally funded education program or activity. But like any good law, there is flaws and room for critical error. Title IX allows any student to bypass law enforcement authorities to bring a claim of sexual assault to student conduct. This means that law enforcement is completely out of the picture with no investigation either in process and evidence is not professionally captured or preserved. Instead the Respondent or accused must appear before a student conduct committee, usually run by students, with no lawyers present to defend his/her accusations. This is like somewhat like calling you boss at work to claim that you were sexually assaulted at your desk. The boss will immediately inform the police, human resources, corporate security and other agencies to secure a potential crime scene. Most disturbing about campus student conduct boards is that due process is completely thrown out the window. If the board “believes” the story of the accuser then that’s all it takes to expel a student. That’s right folks, you will have an expelled labeled “sex offender” on campus that is not a sex offender because police were never called or informed about the situation. Another disturbing fact is that if the accuser loses his/her case before student conduct, then they under Title IX be charged with filing a false report. There is a small clause in the title that prohibits this because there no police report was filed. It is an internal matter controlled by inexperienced faculty with no training in law or law certified to practice in a capacity of an administrative judge.

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All I can think about is the Rolling Stone article about Virginia Tech or the Duke Lacross scandal. In each of these scenarios, lives were destroyed because student conduct initially took the lead and police were either not called, or police botched the crime scene because the campus stood in the way of a proper criminal investigation. While Title IX is essential to the protections of fairness, it lacks balance when it comes to sexual violence claims. Instead, universities should immediately engage professional law enforcement authorities at the first indication of sexual assault. A band of self-appointed academics that label themselves as the morality police of student conduct should not be engaged in any serious criminal allegations.

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I have no problems with student conduct providing life examples of proper social conduct on campus. But student conduct should not be involved in slapping wrists over illegal drug activity on campus while people not enrolled or living on campus experience the heavy hand of the law and police. It is nothing more than a double standard of protections and provides a level of inequality and prejudice. Student conduct should only be involved in conflict negotiations, academic cheating, and concern notifications. Student conduct should not be in the business of determining what is criminal versus its ability to pick and choose what it deems it can handle. This opens up universities to massive liabilities and loses the credibility of overall safety and the spirit of the effective due process. A campus cannot be judge, jury, and executioner. But as long as student conduct remains, then that is what it will continue to be.