June 2013 – The national drive to identify and punish child predators took a step backward this week. While on its surface, the Supreme Court’s decision this week in Peugh v. United States does not deal with sex offenders, its impact will surely be felt in the sex-offender cases. As with the Court’s decision ten years ago in Stogner v. California, the Ex Post Facto Clause has once again been interpreted to make it more difficult to incarcerate criminals, and particularly sex offenders, as I will explain below. Full Article
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So, could this mean that those sentenced prior to the all inclusive registry challenge their registration? That’s THOUSANDS! Time to flood the courts based on this ruling? I realize our common sense doesn’t matter when dealing with the legal system.
Isn’t registration a part of sentencing, apart and separate from conviction? This decision deals with sentencing terms/length, correct? So if the legal minds on here can explain to this simpleton (me) if this can or cannot apply, because in my mind the sentence is lenghtened to lifetime by the addition of a “penalty”. What am I missing here?
Why is this article posted? This is an old article (June 2013) based on a Supreme Court case decided in 2012. Nothing new here and a misleading article as well.
Expo facto law does affect something that was not criminal and makes it crimanal which is the change the address on the identification or drivers license….there fore Expo facto law does apply…it doesn’t make registration unconstitution however it does make it unconstitutional to charge a crime for failure to change or update the address on the driver’s license in that this was a civil do not update your drivers licenselicense. and when you think about it failure to register is, connected to failure to fill out the census, so help me out on this…
The way this article begins: “The national drive to identify and punish child predators took a step backward this week.” makes no doubt the intention of the law is to have unfettered civil punishment against those who have already paid for their crimes. The law is a framework designed to render universal and perpetual punishment for registrants regardless of the age and disposition of their cases.
If scotus (and anyone else for that matter) believes this is not punishment, they are simply repeating the lies themselves as they become truth.
If Sex offender laws are administrative then the penalty for non-conpliance should also be administrative not incarceration as any other civil infraction.
I was charged of sex offense from March 12, 1991 in the State of Texas. I was coerced into taking a plea bargain by my attorney of deferred adjudication probation for a term of 5 years. The reasons I took the plea bargain were I would NOT go to TDCJ for a crime I did not commit, I was tire of dealing with the small town “guilty by accusation” stares, I was promised the indictment would be dismissed upon completion of the 5 year probation term, and there was no registration conditions on the plea. The court’s record even has a letter by the presiding judge stating that the laws allow for a dismissal of charges of this nature, dated Jan. 1996. I also have a sworn document from that same court that states this is not a conviction per Texas law, dated May 1, 2014. Now, I am residing in the State of Louisiana, and they have published that I have been convicted of this sex offense. La.R.S 15:541 (24) defines sex offense that requires registration as having been committed on or after June 18, 1992. Texas did not enforce registration conditions on me, yet Louisiana is doing so in violation of their own laws. I have never been under the custody of DOC as a result of that charge in any state. How is it constitutional for Louisiana to violate their own state law, their own constitution, the U.S. Constitution, as well as alter the “res judicada” of a Texas court? I have been arguing this with the State of Louisiana since 2009. The state refuses to even accept jurisdiction to alter my registration. I am at a loss as to how or what to do,even where to do it at. HELP! PLEASE!