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IN: Supreme Court removes Hammond man from sex offender list

INDIANAPOLIS | The Indiana Supreme Court on Thursday ordered a Hammond man removed from the state’s sex offender registry after determining the law requiring him to register for life imposes an unconstitutional retroactive punishment. Full Article

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WOW! Keyword: punishment. Finally, eyes are opening!!!

Great News!

Now if everyone in Indiana who qualifies would get a lawyer to represent them and continue the momentum it could be applied to other states and we could get finally make some actual changes to the fuked up “system”!

It seems to me this decision is HUGE for two reasons. The first is the obvious…the Indiana Supreme Court called registration punishment, as we all know it is. Second is the ex post facto issue of making registration requirements retroactive. Every time a new law(Megan’s Law, Jessica’s Law, Chelsea’s Law) it tends to be enforced retroactively. California has been especially notorious for this. As I’ve said in previous postings, I have two convictions, one legitimate and one manufactured case in which I was forced into a plea. My legitimate case was not a registerable offense at the time of conviction,… Read more »

The Judge in this case clearly made the right decision! The gentleman plead guilty to the charge with a premise of only having to register for 10 years! 10 years is a long time. Then, an over zealous law wa instituted requiring sex offenders to register for life ? It’s highly disturbing for laws to affect those individuals retroactively. Does anyone know the status of Chelsea’s Law or Jessica’s Law? From what I understood, it was put on hold?

No, neither has been fully put on hold. Certain sections have been put on hold, and some only in some locations.

Don’t get ahead of yourselves, people. There is not enough information in this story link to really know all the facts. For one, we don’t know if the SOR law in Indiana states that registration is not for purposes of punishment, is only intended as an administrative measure to protect the public — as the California law now states. Secondly, regarding the retroactivity, that part of the ruling was directly based on the Indiana Constitution’s ban on ex post facto laws. It is very possible that the Indiana Constitution is somewhat more strict about the question than is the US… Read more »

In reading over the actual opinion, the court used the seven factors in the federal court-established Mendoza-Martinez case. The California Supreme Court has already done that in various cases, and has consistently found they weigh in favor of the California law to be only of insignificant burden in relation to the need to protect the public. But the circumstances in California and in Indiana have some differences. And so the Indiana court ruled that application of their law retroactively to this defendant for his offense and in his circumstances would be ex post facto punishment. You can see the full… Read more »

The registry is draconian; undue exploitation and ineffective. Most of the 700,000+ could be reclassified or removed. We don’t have 700,000 crazed people running about. This is a political ataboy if anything at all. It should have been designed so that ex-offenders can work their way off it. Nobody wants an ex-offender with nothing to work toward in terms of becoming a responsible citizen again. They missed the point on this idea. Psychologists should have written this bill not lawyers.

Another interesting case out of Indiana having to do with Ex Post Facto punishment. This case involves a registrant who was prosecuted under a statute that came into effect after his conviction and release. The analysis centers on whether or not is punitive (Mendoza-Martinez), as well as the definition of what is a volunteer. Regarding punishment, the Court finds that only 1 of the 7 Mendoza-Martinez factors advances a non-punitive interest, the other 6 point to the statute being punitive. While this is Indiana, I would think the concept would apply universally. For things like the parks bans, entering school… Read more »

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