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News & Noteworthy © ---
Special Report 5-9-2007 |
Why is the USAG prosecuting those who fail to register, and cross state lines,
in Federal court rather than State courts?
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.In December of 2006, in my "Former sex offenders are being illegally prosecuted, in Federal court,
for registration issues under the Adam Walsh Act!" I explained why I felt these cases were being improperly prosecuted. Madera was the first case in the nation.
Then on May 1 2007, when the judge in that case gave Madera an unusually low sentence, in fact in violation of what is prescribed by the Adam Walsh Act, I reported "Why the Madera case must be appealed." Both of those reports can be found here.
After those two reports there was still a few things that didn't make sense, the first being, why are state prosecutors not complaining that they are losing convictions, and why would a judge want his decision appealed? There is no doubt in my mind that, the Madera judge wants that case appealed.
Now I am sure I have found the answers. Anyone who is prosecuted in federal court will be forced to go through a civil commitment proceeding and very likely will be committed for the rest of their lives.
Within the Adam Walsh Act (AWA) is Section 302 "Jimmy Ryce Civil Commitment Program." This is a very subtle and evil section, in that, it permits the Director of the Bureau of Prisons and the USAG, on a whim, to force anyone serving a federal sentence to go through a civil commitment proceeding. Such will very likely cause that person to be civilly committed for the rest of their lives.
How can this happen? AWA made certain changes to existing laws, and added a new section 4248 (cunning and egregious), see this document as they are far too technical to explain here. Remember, when someone is prosecuted in federal court and is then sentenced, they are then under the jurisdiction of the Bureau of Prisons.
Now, whatever the sentence is, even if it is probation or supervised release, Section 4248 kicks in at or near the end of the sentence. Within Section 4248(a) it states:
4248(a) Institution of Proceedings- In relation to a person who is in the custody of the Bureau of Prisons, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons relating to the mental condition of the person, the Attorney General or any individual authorized by the Attorney General or the Director of the Bureau of Prisons may certify that the person is a sexually dangerous person, and transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is a sexually dangerous person. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section.
Of course it is always possible that the court will not declare the person a "sexually dangerous person." In today's climate, of zero tolerances, how many of these will there be? Wait, it gets worse!
4248(d) Determination and Disposition- If, after the hearing, the court finds by clear and convincing evidence that the person is a sexually dangerous person, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall place the person for treatment in a suitable facility, until--
(1) such a State will assume such responsibility; or
(2) the person's condition is such that he is no longer sexually dangerous to others, or will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment;
whichever is earlier.
OH, not every state has a civil commitment center to take responsibility. Then I guess there will be a federal "Internment Camp." Opps, a proper federal treatment center, but where?
The Adam Walsh Act is available for those who wish to read the rest of what takes place.
Now, is there any question why federal courts are being used to prosecute sex offenders?
I forgot to mention, this will also apply to juveniles, no matter what their underlying crime -if they fail to register and cross state lines-!
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