The 6th Circuit Finally Said The Magic Word: Punitive

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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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11 Comments

The designation of punitive is the key. Even in present cases they’ll have to assess the idea of giving someone an extra 15, 25 and lifetime probation for these crimes. They won’t be able to do it which is why I believe the regulatory scam came about.

Don’t settle for incremental, people. The entire registry can and will be abolished.

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That rumble coming from Michigan…… no no its not an earthquake…
Its the weight of the Constitution coming for california
Whewwwwwwwww !!

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