Judges often refer to a plea deal as subject to the rules of contract law. However, when judges make that statement, they usually backtrack and realize how poorly contract law operates in the criminal domain. The role of the judge as a third party to the deal as well as a lack of normal consideration are particularly difficult to square with typical contract rules. The ongoing struggle in plea deals involving sex offenders is particularly illustrative of how plea bargaining sometimes operates in an environment of anarchy. Full Commentary Related Article
Read MoreDay: June 16, 2014
Living with 290: Hard Knock Life
I spent three years in prison for a crime I did not commit. The how and why I got there doesn’t really matter now. What does matter now is what I continue to suffer as a result of that incarceration. I am still the subject of repeated interrogation. The local law enforcement shows up to where I live and pull me out of my residence, has me assume the prone position and searches me outside in front of all my neighbors. They pull my mom over, who drives me around,…
Read MoreNY: Second Circuit rejects array of challenges to lengthy extension of sex offender registration requirement
For a number of years, sex offenders consistently lost in state and federal courts when challenging various sex offender registration requirements and other restrictions on various grounds. In recent years, however, it seems at least a few registered sex offenders are having at least a little success with court challenges to new sex offender registration requirements that seem especially punitive or onerous. But a Second Circuit panel ruling today in Doe v. Cuomo, No. 12-4288 (2d Cir. June 16, 2014) (available here), provides a useful reminder of the uphill battle registered…
Read MoreWI: Controversial sex offender proposal tabled by Common Council
MILWAUKEE – The Milwaukee Common Council’s Steering and Rules Committee on Thursday tabled a proposal to prevent sex offenders from living within a third of a mile from schools, parks and day cares. That may sound very thoughtful with regards to protecting children. But, speakers at the hearing Thursday offered another viewpoint. It’s pretty easy to go online and see if you’re living near a sex offender. But, police fear that could change. Convicted rapists could start to lie, set up a p.o. box someplace else, but truly be living in a home near…
Read MoreMy Voice: Treatment, not prison, answer for sex offenses
On behalf of our 4,000-plus members, the Dakota Reform Sex Offender Laws Family Solutions is asking South Dakota Senate candidates to make this issue a campaign priority. Our mission — promote medical research, legislation and education to provide an empirically based, rational approach to dealing with sexually related offenses and stop the cycle of abuse to protect all children. Full Opinion Piece
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