Sex Offender Registry

The Iowa Court of Appeals has fended off another attack on the sex offender registry in State v. Iowa District Court for Story County, No. 2-998/12-0024, filed 9 January 2013. In this case the District Court modified a sex offender registry requirement and the State of Iowa filed a petition for a writ of certiorari asking the appellate courts to find the district court's act illegal--which it did. Having been involved in sex offender registry cases, with a case on appeal at the moment, this issue is of interest. The appeal courts of this state to date have rebuffed all challenges to the sex offender registry using various arguments and upholding the legislation passed by our esteemed legislature. It is clear to me being familiar with many judges and various district courts in the fifth judicial district that there is a conflict between the district courts and the appeal courts on the issue of the sex offender registry. The district courts and the attorneys practicing criminal law in them are well aware that the sex offender registry is dysfunctional, mean, and ineffective. As an example, we have had one case in Jasper County where a man was arrested because he lived within 2,000 feet of a school. The sheriff went to his door and arrested him, taking him to jail, and charging him with a violation of the requirement that he not live within 2,000 feet of a school or other place designated in the Iowa Code. The man is confined to a wheelchair. In other instances we have men attempting to live in tents at various spots in the county, because, in Newton, if the 2,000 foot rule applies to you, you cannot live within the city limits. Those of us who are actually interacting with the people restricted from living within 2,000 of a kiddy facility know full well that this law causes an unwarranted hardship on those subject to it, causes an extremely high degree of bitterness from those to which it applies, and is ineffective. In Polk County the registration requirement has created ghettos of sex offenders most of whom are harmless and burdens them with one more impediment to living a normal life which presumably is the goal of all penal legislation (normal meaning crime free). The courts should begin chipping away at these sexual offender registry statutes. This may be difficult considering the level of fear that has permeated the public over sex offenders, but it would be the right thing to do.

Traffic Cameras

The Polk County Board of Supervisors has recently authorized traffic cameras for rural areas of Polk County on a party vote of democrats for and republicans against. This is enough to cause a person to cross party lines and support the forces of reaction and imbecility. According to newspaper reports this decision has nothing whatsoever to do with revenue, but with safety. If this statement is true, it is another example of elected officials assuming that the pubic is a complete dunce. It is so patently false to be ludicrous. Of course it has to do with revenue, or as we say, revenue enhancement. In the name of safety we will now be tracking the public on rural roads to ensure they don't kill themselves with excessive speed. What I'm looking forward to is the placement of traffic cameras monitoring the stop signs on gravel roads around the countryside. Anyone who would stop for a stop sign on a gravel road where there is no traffic and no intersection meeting of vehicles in living memory, should not be allowed to drive. Traffic signs have two functions: to direct the flow of traffic and to establish liability in the event of an accident. A stop sign is not placed at an intersection for the purpose of requiring a vehicle to stop its forward motion, it is placed at the intersection for the purpose of assisting motorists traversing the intersection if two vehicles should approach it at the same time. A large number of drivers of motor vehicles on our highways pay no attention to anything outside of their vehicle and need help when encountering another vehicle when surprised by seeing one in their vicinity. There are many too many things inside a car to be bothered by what is outside of it. We have people to talk to or text on the cell phone, the radio to adjust, the cd player to manipulate, the cruise control, sandwiches to eat, make up to apply, on ad infinitum. Ergo we need an occasional stop sign or a yield sign to decide who gets to go first. In addition, the psychology of a vehicle operator is different from the psychology of the person when not driving. When not driving, the normal citizen of our great country is compliant, without noticeable aggression, but when behind the wheel changes into an aggressive, compulsive, and rather stupid human. It is remarkably good fortune that even those of the lowest ability to learn are able to drive. Driving a car is superable easy; probably one of easiest things one can do. Cars practically drive themselves. But back to the point, traffic cameras in rural areas are simply another version of tax with the additional governmental function of controlling its citizen's behavior. All I ask is that we see it for what it is. Safety has nothing to do with this so let's just admit it and not be stupid about it. In any event a traffic accident now and then is not such a bad thing. It gives work to wrecker crews, law enforcement, ambulance crews, hospitals, lawyers, and insurance adjusters. By reducing accidents, the supervisors are reducing employment and income. The people earning their income from personal tragedy should put themselves on the next board meeting agenda and voice their concerns.