NJ Supremes strike blow for Constitution | Ex Post Facto

By Michael Phillis . . . Sex offenders can not be subjected to punishments under newly created laws if they committed their offense and served their time before the legislation was passed, the state Supreme Court ruled in a 4-3 decision Monday.

In 1986, George Riley was convicted of aggravated sexual assault on a minor and given a 20-year sentence. About six months after his release in 2009, when Riley was under no form of parole, the parole board said he would have to comply with the 2007 Sex Offender Monitoring Act meaning that he would have to wear an ankle bracelet form the rest of his life. He appealed the requirement of what he said was a new punishment constituting life time parole imposed after he had committed his act and after he served his prison term.

“A well established principle of ancient origin is that the Legislature cannot increase the punishment for a crime after it has been committed,” wrote Justice Barry Albin. (see NorthJersy.com for complete story)

someone outside of NARSOL

Written by 

Occasionally we will share articles that have been published elsewhere. This is a common practice as long as only a portion of the piece is shared; a full piece is very occasionally shared with permission. In either case, the author's name and the place of original publication are displayed prominently and with links.

14 Thoughts to “NJ Supremes strike blow for Constitution | Ex Post Facto”

  1. AvatarPatty M.

    Aggravated Sexual assault is overly violent. Yes he served time in prison but what proof is there to show he just won’t become a sneaker sexual predator? I know this site and commenters are compelled to protect sexual predators at any cost but I’m more considered about the children. He shouldn’t be around kids. He was forgiven of his crime but the law doesn’t forget.

    1. Avatarrwvnral

      Neither this site nor this organization are interested in protecting sexual predators. We are committed to the restoration of the fundamental, constitutional rights of American citizens who, after having completed their criminal sentences, should not continue to be subjected to public ridicule and harassment. No person, whether registered or not, can possibly show “proof” that he/she will never become a “sneaker sexual predator” (sic). If that were a prerequisite of registration, then everyone in the United States would be required to register.

    2. AvatarRiden

      U are so wrong many offenders who serve the time and parole never reoffend..belive mr I know I am living proof…never have I even thought once about reoffending..simply put I took full responsibility for my wrong and,try understand the gravity and the nature of my wrong…..And would truly care not to repeat it not only because of the damage to the victom but also the damage I placed on my self and family. It has been since 1998 since I committed the one and only crime 17yrs later 2015 and still no new crimes and believe me its by choice…

    3. Avatarrps abq

      If you’re really concerned about the children, then you should be very concerned about the unintended consequences that occur as a result of constant Shaming and Banishment. It’s kind of like kicking a dog when you want it to change behavior, the more you kick it the meaner it gets. If you’re really concerened about the children then you need to ask why are they letting out “sneaker sexual predators” from prison? Do you really feel protected when you hear about Registries and Residency Restrictions? You know they have cars right? and can move about freely during the day? If you are really concerned about children then you should be eager to see that those who once broke the law, have served their time, paid their debt and now are being given every opportunity to live a better life, have a family, safe housing and obtain gainful employment. Sex Offender Laws prevent ALL of those things, thereby turnng someone who already had issues to begin with into a truly, desperate, homeless, hopeless individual with nothing to lose and nothing to do but roam the streets. Now THAT’s scary indeed. Banishment, Shame and homelessness make everything worse, not better and there is piles of research from all areas of government, universities, social research institutions that back up everything i’ve just said here. Revenge and anger are never the emotions that affect progress, our Grandmothers taught us that. We don’t improve things by acting out of fear, anger and hate. And finally try to remember too that this is the United State of America and the gov’t doesn’t get to act like Hitler at any given moment because an ill-informed public is angry and scared. All it takes is just a few more minutes of common sense and reason. The end result is a safer better society for everyone. because the main goal for ALL of us involved in this issue is to have the safest society possible for ALL families and for ALL children. THAT is the only agenda i’m concerned with that’s for sure!

    4. AvatarAlfred

      Remember that such registries were the first laws enacted by the Nazi party after the enabling act that gave dictatorial powers to Adolph Hitler.

      Though the ignorant may believe that such a registry is good but they are being led down a blind alley that leads to a terrible place. Most all the fascists and Bolshevistic countries gained public support with similar registries and the effects were inevitably horrible especially for the children as I’m sure you know. Politicians are allways trying convince the public about their regard for children with such laws and at the same time they are preparing the same children to become slaves to the big companies and cannon fodder. It took thousands of years of a people’s struggles against the powers that be for a bill of rights to be won as a first step to a free future for the children.

    5. AvatarTC Young

      Your comment was either designed to poke and get a response or shows a complete lack of understanding of the issue, the terminology, this site, and/or the registry.

      This site is not offered to provide an escape to former offenders, nor does it advocate those who might re-offend. As with too many in society you equate being on the registry with being a violent, predatory child molester. That is one of the beefs with the registry and how it has grown out of control. Many of those on the list have non-violent, non-predatory and sometimes even non-sexual convictions and only some of them were committed against children.

      If you would take the time to read and understand the various studies out there with regard to sex offender recidivism you would learn that you (and those children you care so much about) are probably statistically safer living next door to a rehabilitated former offender than someone with a “clean” record. Politicians and the media have quoted highly rare and grievous instances of repeat offenders to whip the crowd into a frenzy and justify a pat on the back for themselves for doing something that, if cast into the true light of day, would reveal that they are scamming you for personal benefit.

      Your knee jerk reaction is just that. For instance, because I am on the registry, you probably envision that I attacked and abused some child and am just waiting for my chance to have another go at it. However, the truth is far different. Granted, my victim was under the age of 18, but per the state, she was beyond the age of consent. Per the federal report on me, I am classed as a non-predator for reasons pertaining to the facts of the case. I truly regret my actions and any emotional or mental pain caused to the young woman in question, and never want to see anyone else put into that position based on my actions. (For the record, per the medical examination performed on her there was absolutely no evidence of any contact).

      There are former offenders out there that do pose a danger. However, by painting everyone on the registry, and then expanding it to include just about any conceivable notion of sex being involved, with such a broad stroke, you are minimizing law enforcements ability to deal with the limited number who actually do present a potential danger.

  2. I hope someone is coming to their senses about this issue. It’s like these cries they want to monitor one the rest of their life even after they have been to prison/parole or what have you. I think they should ban all this monitoring or life-time branding altogether… What’s the difference with a murderer or a sex offender? it’s just a sin like any other crime. If law enforcement want to play God then they are accountable, but they don’t really want to know how much they make one’s life miserable. I’m glad they struck a blow for the Constitution. I hope change is coming for everyone on this hideous registry.

  3. AvatarJQ

    Unlike other states, Florida is not even raising a whimper about recently passed statutes requiring SO’s to surrender ALL email addresses, internet user names, online gaming ID’s, user names for “apps” on one’s personal mobile phone, the license plate numbers of anyone visiting an SO for 5 days or longer, and the list goes on. The Florida ACLU bows down to the corrupt, criminal politicians in Florida.

    1. Avatarrps abq

      All any state is doing is ruling on cases brought by defendents. If we want change we must get working on our cases and challenge it in court. No money? Then do the research and call a public defender like Williams did in Ohio. (Ohio vs Williams) If we are waiting for the laws to magically change it will never happen. The judicial system is our only pathway. As more and more of us work towards the desired result in our own personal situations, over time the undesired negative will fade away. We are mistaken if we think that by fighting and pushing hard against all this will be very effective. We must work for what we want to manifest in our lives. By focusing and complaining on the wrongness of it all i’m afraid we unintentioanlly prolong the desired change. And believe me I only speak out of my own experience of once being totally hopeless and downtrotten. No more! From here on out it’s only solution, solution, solution!

    2. Avatarrps abq

      oops this is the link…https://www.youtube.com/channel/UCkfweRxUr5ilM9jZxhYNXIw just my own way of compiling good information in one place, there are many channels like it.

    3. AvatarMike

      U don’t understand, fl is the hardest state to get change

    4. Avatarrpsabq

      I do understand. I am from Florida, my case is from Florida. Yes, Florida seems to be a path of no return. Well, that’s what they want to do fine. In a few years when the crime keeps happening and the horrible abuses continue maybe then they will realize that what they are doing is not working. Until then, fight your case. Change doesn’t just happen and just because it seems impossible doesn’t mean it won’t happen. And as far as this issue is concerened. We are on the RIGHT side of the the issue for countless reasons. And i challenge any intelligent, thinking person to disagree. It is for this reason that Florida will and must change. Maybe not when we want them to, but they must. It is simply the only right and moral thing to do. Slavery lasted way too long, but it had to change. It was so obviously wrong and so that is our mission: fight our case and make the “wrongness” of all loud and clear to those who will, and courts who must, listen!

  4. AvatarAnonymous4Now

    People forget that the idea of the Registry was conceived from the public’s concern over the failure of our justice system/law enforcement to protect us from predators. The governments answer was to create a public registry. Now, no one can say they weren’t notified. But the system refuses to assess the individual ‘risk’ a registrant poses. Why? Because they fear making a mistake and being blamed again for failure to protect. Example: What if the system reported someone as low risk and then that individual re-offended. There would be public outcry. So it becomes safer to label every registrant as a ‘risk’. That way they don’t have to take any responsibility and they remain somewhat ‘blameless’.
    The Registry isn’t about protecting the public, politicians don’t care. It’s about protecting the images of those politicians and justice officials… and holding them harmless.

    1. AvatarG Brock

      You are exactly right!! The RSO data base is nothing but a “feel good” piece that is doing nothing but providing politicians with the ability to fear monger.

Comments are closed.