RM319: 'Shall' vs 'May': How Legal Language Shapes Justice

RM319: ‘Shall’ vs ‘May’: How Legal Language Shapes Justice

[3:15] We discuss the former Fox News host’s support for the Adam Walsh Act (AWA) and the irony surrounding his dismissal from the network over sexual harassment allegations. They transition into a broader discussion on marijuana legalization, noting the host’s misleading claims about Kamala Harris’s stance on forcing states to legalize marijuana. Larry draws a parallel between federal marijuana policy and the AWA, explaining that just as federal decriminalization wouldn’t compel states to change their laws, dismantling federal registries wouldn’t automatically end state-level registries. The conversation ends with a critique of misinformation and how it appeals to uninformed voters.

[10:30] In this episode, Andy, Larry, and Chance dissect a recent ruling from the Kentucky Supreme Court in Russian v. Commonwealth. The discussion delves into the complexities of post-incarceration supervision and whether individuals reincarcerated for violating supervision terms can earn sentence credits. They explore the nuances of discretionary reviews, the concept of mootness, and how legal language like “shall” and “may” impacts outcomes. The hosts debate the potential for legislative changes that could limit such credits for PFRs (publicly registered offenders) and emphasize the importance of advocacy to prevent exclusionary laws.

[33:40] Chance explores the difficulties of contesting Tier 3 lifetime status under California’s PFR registry. Chance explains that courts rarely overturn these assignments due to the use of rational basis review, which focuses on legislative intent over individual circumstances. Past legal victories, like Hofsheier, were overturned by later rulings such as Johnson (2015). While expert evidence and extensive litigation, as seen in the Henry Taylor case, offer a narrow path forward, such efforts are resource-intensive and rarely successful.

[43:50] This segment covers an article on why sheriff elections matter, focusing on the immense power sheriffs wield over law enforcement, including jail management and public policy enforcement. The speakers discuss a specific sheriff, Daniel Bullock, who ran a harsh jail criticized for poor conditions. Despite controversy, Bullock was reelected for decades until recently losing his seat. They emphasize the importance of paying attention to these elections, as low voter turnout gives individual votes more impact. Additionally, they discuss how sheriffs influence sensitive issues like PFR (publicly facing registrants) management and abortion laws, showing how critical these local elections can be.

https://www.registrymatters.co/podcast/rm319-shall-vs-may-how-legal-language-shapes-justice

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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

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