Three men who moved to Indiana and were required to put their names on the state’s sex offender registry are likely to win their lawsuit that claims they wouldn’t face that requirement had they lived in Indiana all their lives, a judge ruled, ordering their names removed. Full Article
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A bit of sanity!! Refreshing!!
and so it begins…I believe this is the first of its kind ruling that actually prevents the registration requirements against anyone ever…naysayers pay attention….it can’t be done… it wont go away, its here for good, we can’t prevail except on baby steps…by this time next year we will see an enormous amount of decisions like this and within two years the registry in its current form is abolished and a new scheme will be in place that only applies to people who the government can prove thru clear and convincing evidence standard pose a threat to the public and that it’s narrowly tailored and that the state shows thru evidence actually achieves a states legitimate state interest …its happening there’s a light at the end of the tunnel and guess what it isn’t that far away anymore….registration is impossible to uphold with the right arguments….
I wonder if this decision could be used in the future to help those who are not required to register in a given state but would like to move to another.
you know what you don’t see happening in this case that is extremely important?? the state cannot and doesn’t even try to justify these laws with their false statistics or the public safety arguments that have been used in every other case….they’re thru and they know it..its just a matter of time now and the right case…
What I see, is an Indiana judge upholding the law as it was written. It is refreshing that the miss-application of their registry laws were not just painted over. I always hope the number of humans out number the psychos. What I hope is not some unscrupulous law writer starts up an amendment. This case is an important litmus test.
Can someone provide links to the arguments and data on this one, I may need it.
I have similar yet different circumstances. My time to register will end soon but almost any other state I move to will require registration to be re-instated. That shouldn’t be possible for a half dozen reasons that violate the constitution. Another state that doesn’t have jurisdiction over my original crime shouldn’t be able to add any sort of punishment under any circumstance, or even a “regulatory measure” without some type of due process.
Mike R, in case you missed my other post in General, look at this for use in your filing:
https://www.bu.edu/pilj/files/2015/09/19-2RileyNote.pdf
It is called “TRIAL BY LEGISLATURE: WHY STATUTORY
MANDATORY MINIMUM SENTENCES VIOLATE THE
SEPARATION OF POWERS DOCTRINE” by KIERAN RILEY.
You can easily replace the words “statutory mandatory minimum sentences” with “SEX OFFENDER REGISTRY and any laws written against those on it” and you’ve got numerous perfect arguments with referenced SCOTUS cases that demonstrate how the registry and all laws referencing it violate the separation of powers.
I don’t know why more Sex Offender cases don’t challenge the separation of powers problem the registry created. Judges are supposed to judge, assess punishment, rehabilitate, and protect the public…not politicians when it comes to the judicial process.
I hear you…I totally agree with you…that’s just another rock solid argument against the registry..its coming. I think Gorsuch is going to be good for us since he is a conservative constitutionalist and I know if the right case with the right arguments are presented it’s a rap…