|
South Carolina Lawmaker at Trump Rally Highlights Story of 3-Year-Old Maddie Hines, Killed by Illegal Alien
GOP Demands Biden, Harris Launch Probe into Twice-Deported Illegal Alien Accused of Killing Grayson Davis
Previously-Deported Illegal Charged With Killing Arkansas Children’s Hospital Nurse in Horror DUI Crash
New Data on Migrant Crime Rates Raises Eyebrows, Alarms
Thousands of 'potentially fraudulent voter registration applications' Uncovered, Stopped in Pennsylvania
Michigan Will Count Ballot of Chinese National Charged with Voting Illegally
"It Did Occur" - Kentucky County Clerk Confirms Voting Booth 'Glitch'' Shifted Trump Votes To Kamala
Legendary Astronaut Buzz Aldrin 'wholeheartedly' Endorses Donald Trump
Liberal Icon Naomi Wolf Endorses Trump: 'He's Being More Inclusive'
(Washed Up Has Been) Singer Joni Mitchell Screams 'F*** Trump' at Hollywood Bowl
"Analysis: The Final State of the Presidential Race"
He’ll, You Pieces of Garbage
The Future of Warfare -- No more martyrdom!
"Kamala’s Inane Talking Points"
"The Harris Campaign Is Testament to the Toxicity of Woke Politics"
Easy Drywall Patch
Israel Preparing NEW Iran Strike? Iran Vows “Unimaginable” Response | Watchman Newscast
In Logansport, Indiana, Kids are Being Pushed Out of Schools After Migrants Swelled County’s Population by 30%: "Everybody else is falling behind"
Exclusive — Bernie Moreno: We Spend $110,000 Per Illegal Migrant Per Year, More than Twice What ‘the Average American Makes’
Florida County: 41 of 45 People Arrested for Looting after Hurricanes Helene and Milton are Noncitizens
Presidential race: Is a Split Ticket the only Answer?
hurricanes and heat waves are Worse
'Backbone of Iran's missile industry' destroyed by IAF strikes on Islamic Republic
Joe Rogan Experience #2219 - Donald Trump
IDF raids Hezbollah Radwan Forces underground bases, discovers massive cache of weapons
Gallant: ‘After we strike in Iran,’ the world will understand all of our training
The Atlantic Hit Piece On Trump Is A Psy-Op To Justify Post-Election Violence If Harris Loses
Six Al Jazeera journalists are Hamas, PIJ terrorists
Judge Aileen Cannon, who tossed Trump's classified docs case, on list of proposed candidates for attorney general
Iran's Assassination Program in Europe: Europe Goes Back to Sleep
Susan Olsen says Brady Bunch revival was cancelled because she’s MAGA.
Foreign Invaders crisis cost $150B in 2023, forcing some areas to cut police and fire services: report
Israel kills head of Hezbollah Intelligence.
Tenn. AG reveals ICE released thousands of ‘murderers and rapists’ from detention centers into US streets
Kamala Harris Touts Mass Amnesty Offering Fast-Tracked Citizenship to Nearly Every Illegal Alien in U.S.
Migration Crisis Fueled Rise in Tuberculosis Cases Study Finds
"They’re Going to Try to Kill Trump Again"
"Dems' Attempts at Power Grab Losing Their Grip"
"Restoring a ‘Great Moderation’ in Fiscal Policy"
"As attacks intensify, Trump becomes more popular"
Posting Articles Now Working Here
Another Test
Testing
Kamala Harris, reparations, and guaranteed income
Did Mudboy Slim finally kill this place?
"Why Young Americans Are Not Taught about Evil"
"New Rules For Radicals — How To Reinvent Kamala Harris"
"Harris’ problem: She’s a complete phony"
Hurricane Beryl strikes Bay City (TX)
Who Is ‘Destroying Democracy In Darkness?’
|
Status: Not Logged In; Sign In
U.S. Constitution
See other U.S. Constitution Articles Title: Are sex offender registries unconstitutional?
Source:
HotAir
URL Source: https://hotair.com/archives/2017/09 ... r-registries-unconstitutional/
Published: Sep 2, 2017
Author: Jazz Shaw
Post Date: 2017-09-02 18:42:21 by Tooconservative
Keywords: None
Views: 1325
Comments: 5
A ruling coming out of a federal court in Denver this week could lead to a significant change in how the country deals with convicted sex offenders. Judge Richard Matsch heard a case involving three convicted sex offenders who were protesting having all of their personal information published on a public sex offender registry. Rather than ruling on whether or not the three could have their details removed (which was all that was requested), Matsch ruled that the entire registry was unconstitutional. This one is going to be appealed and if it makes it to the Supreme Court it could impact the laws in pretty much every state in the union. (CBS Denver) | A federal court judge in Denver has called the public sex offender registry in Colorado “cruel and unusual punishment.” The Colorado Bureau of Investigation posts a list of registered sex offenders required under the law. It contains names, pictures, addresses, descriptions and more and readily available to anyone on the internet. But now, Federal Judge Richard Matsch has found that to be a violation of the U.S. Constitution. He wrote that the public has been given the “power to inflict punishments beyond those imposed through the court.” Alison Ruttenberg, the attorney for the sex offenders, told CBS4’s Rick Sallinger they were often scarred for life because of all the public information available on the convicted criminals. |
In some ways this judge could be seen as swimming against the current. The Supreme Court has already heard challenges to the constitutionality of sex registries on a couple of occasions and has allowed them to stand. The most frequently cited case seems to be Smith v. Doe, a 2003 case out of Alaska. In it, Anthony Kennedy described how the court had to determine if lifetime registration on these publicly available lists constituted ex post facto retroactive punishment. His decision cited the “frightening and high risk of recidivism” among sex offenders as sufficient justification for the extra burden placed on them by the registry after completing the rest of the sentence. That decision has been under criticism lately because the statistics on recidivism which were cited turned out to be completely flawed. (That’s not to say that the recidivism rate might not be very high, but the study they used is now largely discounted.) With that in mind, and this ruling as an initial step, I wonder if this somewhat restaffed court will see the question differently. It was only a 5-4 decision last time. I’ve personally never been comfortable with the idea of lifetime registries. It’s a case which causes a lot of internal conflict because I personally find sex offenders to be among the worst, most monstrous class of criminals, and even more so when the victims include children. (Yes, we’re talking to you, Roman Polanski.) Even absent an actual murder, some of the worst are, in my opinion, suitable candidates for the death penalty. But when we convict someone of a crime and sentence them to some term in jail, perhaps with additional probation, it just seems as though that’s supposed to be the end of it. A lifetime on such a registry absolutely seems like a life sentence in some ways even though that’s not what the criminal was sentenced to. There are no easy answers here as far as I’m concerned. But given how many people it would affect across the entire country, this one will be worth keeping an eye on. |
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
Exercising rights is only radical to two people, Tyrants and Slaves. Which are YOU? Our ignorance has driven us into slavery and we do not recognize it.
Top • Page Up • Full Thread • Page Down • Bottom/Latest
|
