Treatment of sex offenders depends on whether they’ve challenged rules

Here’s an interesting article from the Detroit Free Press about the confusion surrounding enforcement of Michigan’s sex offender registry laws following a federal court ruling that provisions of the law were unconstitutional. Apparently, no one knows exactly what the law requires or how it is supposed to be enforced.WASHINGTON — Eight months after the U.S. Supreme […]

Judge rejects Idaho sex offender registration lawsuit

Bad news regarding the lawsuit challenging Idaho’s sex offender registry.BOISE, Idaho (AP) — A federal judge has rejected a lawsuit challenging Idaho’s sex offender registration laws. But the 134 anonymous sex offenders who brought the lawsuit have the option to refile the case if they can show the current laws caused them actual harm. U.S. District Judge […]

Convicted of violating a law that does not exist

Commentary from the Cato Institute on a relevant case to be heard by the U.S. Supreme Court this fall.Herman Gundy stands convicted of violating a law that, for all intents and purposes, doesn’t exist. You may recall from high school civics that the Constitution separates the powers of the federal government among three coordinate branches. […]

NJ court rules juveniles can’t be kept on sex offender registry for life

The New Jersey Supreme Court has ruled unanimously that requiring juveniles to be listed on the sex offender registry for life violates the state’s constitution.As usual, much of what is said about the deleterious effects of placing minors on the sex offender registry also applies to adults.”Indeed, categorical lifetime notification and registration requirements may impede […]

Case could help prevent Congress from outsourcing its power

Elizabeth Slattery and John-Michael Seibler of the Heritage Foundation comment on a Supreme Court case that could have ramifications for registered citizens.How much authority can Congress give to the attorney general to effectively write the criminal laws? That’s a question the Supreme Court will address next term in a newly added case, Gundy v. United States. […]

Federal courts examining constitutionality of sex offender registries

A look at how several recent court decisions against sex offender registries in several states, and the predictable backlash from elected officials in response to those decisions. Colorado’s sex offender registry still hangs in limbo seven months after a judge said it violated the constitutional rights of former offenders, subjecting them to an extended punishment and […]

NC lawsuit moves forward in twice delayed hearing on motion to dismiss

From the NARSOL website, Robin Vander Wall gives an update on a federal lawsuit challenging North Carolina’s sex offender registry law.At a hearing in federal court (Middle District, NC) on Monday, April 16, 2018, NARSOL,NCRSOL, and two John Doe plaintiffs were represented by Attorney Paul Dubbeling to defend against the state of North Carolina’s Motion to Dismiss a […]

Pennsylvania Megan’s Law "legislative fix" no fix at all

Pennsylvania lawmakers thought they fixed problems with their state’s sex offender registry that led the Pennsylvania Supreme Court to declare portions of the law unconstitutional. Not surprisingly, they likely didn’t fix anything.Pennsylvania lawmakers insist they have fixed problems with Megan’s Law that threatened to allow thousands of sex offenders to avoid having to register with […]

Iowa court rules two men can’t be held in civil commitment

The Iowa Supreme Court struck a blow against Iowa’s civil commitment program, ruling that the state couldn’t hold two men indefinitely past their court-mandated sentences.Here are a couple key quotes from the Associated Press article.”Preventive detention is very limited in American law because it is seen as antithetical to fundamental liberty interests and the presumption of […]

Writing sex offender laws based on fake recidivism numbers is rational, court says

More on the Illinois Supreme Court’s decision to reverse a lower court decision and uphold the state’s ban on child sex offenders in public parks. Commentary from Jacob Sullom at Reason.Last week the Illinois Supreme Court upheld a state law banning sex offenders from public parks, overturning a 2017 appeals court ruling that deemed the statute “unconstitutional on its face […]