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I’m glad that a State’s highest court is addressing the question, “Is the Registry punishment?” However, I have little faith in their agreeing that it is. I hope they surprise me with an intelligent, fair and just ruling.

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In California, the state high court has ruled that the state’s registration law applies to people not convicted as well as to people who are convicted. This was done in one of the cases challenging registration as punishment. The court determined that an MDSO found not guilty by reason of insanity still must register, so the registration law “clearly” was not intended as punishment for a crime because people who are not convicted can also be subject to registration.

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This case is reminiscent of that Ohio case earlier this year around Spring 2015 that seemed prominently in favor of the defendant from how that judges were giving their opinion favoring the defendant, but in the end it just fell flat against him. The dissenting judges always give the correct opinion and they ” get it ” and see what all of this does to us. Unfortunately, they are in the minority.

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