Monday, July 13, 2009

Regulatory Laws on Personal Statutes

Regulatory Laws are known as Administrative Laws.

Statutory Laws are laws established by an act of Legislature.

The most interesting form of statutes are those called Personal Statutes.

A personal statute is something that one is assumed to "carry with him wherever he goes." Being a sex offender creates that personal statute. Sex offenders are told where they can live, who gets to know their personal business, if they can congregate, and if they have any rights. These statutes are all based off of a crime committed.

Sex Offender Laws are also considered "regulatory" in Smith v. Doe. The argument here was that the statutes were not illegal because they were "regulatory" and not "punitive." They merely wanted (their intent) to control the sex offenders and not punish them. Punishing them would have been Double Jeopardy. But, regulating their lives wasn't considered to be punishment. If they broke from the statute, then they were brought up on new charges.

The punishment only comes from the deviation from the regulation, and not from the regulation itself.

But, there is a problem with their thinking. Putting a personal statute on someone based on their criminal history creates a Bill of Pains and Penalties. Not only that, but the Supreme Court ruled that "...the constitutional prohibition may not be evaded by giving a civil form to a measure that is essentially criminal."

Creating a "regulatory" statute that has a punitive effect (even if the intent is to merely regulate) based off of a crime committed is wholly unconstitutional. Creating a regulation of a "personal statute" nature creates a "cruel and unusual" punishment aspect, as well as violating Double Jeopardy issues.

Sex Offender Laws, whether seen as Regulatory or Punitive, are still Unconstitutional.

And there are other Registries being made every day off of the success of the Sex Offender Registry.


Maine Coordinator said...

Nice clear explanations! May I have permission to repost this to my blog? Lady

Avendora said...

Absolutely. Just make sure that there is a link back to my site.

jrh68 said...

I guess I am a member of the registry club since I have to send my child support money order to the Family Support Registry Office here in Georgia,USA.

Anonymous said...

Very good stuff.

Anonymous said...

Thanks for the helpful post! I would not have gotten this otherwise!

Anonymous said...

Maria who is the Rental Agent at Sahara Palms Apts. Protect Rapist Daniell Grant, for some unknow reason.Thier relationship is unknow at this time. She was over heard laughing at how The Victim was tormented and RAPED she thought it was funny how Grant talked about victim.Ms Grant who resides at the apts. Danielle Grant 23, of Las Vegas is a RAPIST, she and another man used a date rape drug on Victim at Sahara Palms Apartments 2900 El Camino ave. apt 170, Danielle L Grant sodomized the victim with a plunger. She is lite skinned 4'6 to 4'7 and she drives a Black Ford Focus, She works as an dental assistant during day. STOP her please. Victim is too ashamed to tell Police. Memory just now coming back. Danielle L Grant MUST BE STOPED. She is a drug addict and dealer ( Lortab and Meth,weed ) sometimes works as a Vegas Escort/Prostitute when she needs money. If you have information on her criminal activities Please contact the Las Vegas Police Dept.