"Sex offenders are not second-class citizens," writes U.S. District Judge W. Keith Watkins in a recent decision overturning two provisions of the Alabama Sex Offender Registration and Community Notification Act (ASORCNA) on First Amendment grounds. "The Constitution protects their liberty and dignity just as it protects everyone else's." Those points, which should be obvious, are a sadly … Continue reading ‘Sex Offenders Are Not Second-Class Citizens,’ Says Judge While Nixing Alabama Rules on First Amendment Grounds
Reposted from Simple Justice: A Criminal Justice Blog by Guy Hamilton-Smith Michigan’s Attorney General has entered the cultural and legal conflagration of how we reckon with sexual violence in our society with a remarkable (and compelling) argument: Michigan’s sex offender registries are not effective at stopping sexual violence. It’s a remarkable argument. Safety and accountability have been … Continue reading Michigan AG Dana Nessel Does The Unthinkable: Argues The Truth About Registries
We believe the right to safety extends to Registered Citizens and their loved ones.
Guy Hamilton-Smith writes a guest blog post for the Comparative Penology website, explaining how U.S. sex offender registries promote social isolation and "civil death."Here is an excerpt:Oscar Wilde, writing from his cell in the Reading Gaol where he was imprisoned for homosexuality at the end of the nineteenth century, observed that "society reserves for itself … Continue reading On America’s Civil Death Penalty: The Sexual Offense Registry
A North Carolina court has ruled that long-term GPS monitoring of registered sex offenders is unconstitutional because there is no evidence such tracking protects the public. As per an Associated Press report about the decision:A divided three-judge panel of the state Court of Appeals ruled Tuesday that because officials presented no evidence that satellite-based monitoring … Continue reading NC court: No proof public safer when sex offenders tracked
Here is a positive commentary from the Alliance for Constitutional Sex Offense Laws regarding recent rulings from the Massachusetts Supreme Court:The Massachusetts Supreme Judicial Council, the state’s supreme court, has ruled in favor of registrants who were trying either to terminate their duty to register or to change the tier level on which they were … Continue reading ACSOL: MA court recognizes harm to registrants
The Massachusetts Supreme Court has ruled that the state bears the burden of proof when determining whether registered citizens should or should not be moved to a less dangerous classification.Here's an excerpt from an article about the ruling at WBUR."We conclude that the risk of erroneous classification and deprivation remains in reclassification proceedings and that … Continue reading MA court says state has burden to prove dangerousness
In an article at the Appeal, Joshua Vaughn notes that in just one Pennsylvania county, in one year, more than three times as many people on the sex offender registry were charged with failing to comply with registry requirements as were charged with new sex crimes.Hundreds of people every year in Pennsylvania are arrested and … Continue reading Failure to Comply Arrests Reveal Flaws in Sex Offender Registries
Q: What is a Sexually Violent Predator?A: A person unlikely to commit another sex crime.State laws that allow sexually violent predators to be locked up even after they have served their sentences are based on questionable assumptions that they continue to pose a danger to society, according to a study published in the American Criminal Law Review. The … Continue reading Did California Suppress Research on Sexually Violent Predators?
The 8th Circuit Court of Appeals said it won't delay a jury's decision against Gage County, awarding $28 million to six people falsely accused of raping and murdering a Beatrice woman in 1985. The "Beatrice 6" collectively spent years in prison before they were exonerated.The decision came Tuesday, a week after the appellate court denied … Continue reading Appeals court won’t delay $28 million Beatrice Six verdict