Abstract: The purported purpose of sex offender post-release regulations (e.g., community notification and residency restrictions) is the reduction of sex offender recidivism. On their face, these laws seem well-designed and likely to be effective. A simple economic framework of offender behavior can be used to formalize these basic intuitions: in essence, post-release regulations either increase the probability of detection or increase the immediate cost of engaging in the prohibited activity (or both), and so should reduce the likelihood of criminal behavior. These laws aim to incapacitate people outside of prison. Yet,…
Read MoreDay: August 29, 2016
Senate Appropriations Committee Stops AB 2569
The Senate Appropriations Committee stopped Assembly Bill (AB) 2569 which would have reduced the number of registrants who are not listed on the Megan’s Law website. The bill, which was authored by Assembly Member Melissa Melendez, was previously passed by the full Assembly. “AB 2569 was stopped by the efforts of registrants, family members and supporters who wrote letters, made phone calls and testified,” stated ACSOL President Janice Bellucci. “The halting of this bill before it could be considered on the Senate floor is a significant victory.” The initial bill…
Read MoreThe 6th Circuit Finally Said The Magic Word: Punitive
Of the many legal fictions enjoyed by judges, few have done as much damage to as many people as calling sex offender registries “regulatory.” The trick is that if it’s characterized as regulatory, then it’s not punitive. And if it’s punitive, then it opens a whole slew of constitutional rights that would render the concept unlawful. But if legislators squint and write the “r” word instead of the “p” word, and judges squint and agree, problem solved! Full Editorial
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