Day: August 7, 2017

The Self-Identity of a Sex Offender

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[counterpunch.org] Attitude, far from being “everything”, is simply an offshoot of the self-identity. People are constantly changing their self-identities, either to project the desired image or to gain personal growth. How do you perceive yourself? How much do you accept what other people want of you? Do their perceptions of you match what you want to portray? The men and women on sex offender probation have no choice about their identities. They are sex offenders, solely and clearly. Questions about perception and portrayal are nice but hardly applicable. Other people…

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The New Unconstitutionality of Juvenile Sex Offender Registration: Suspending the Presumption of Constitutionality for Laws that Burden Juvenile Offenders

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In Smith v. Doe, the Supreme Court held that Alaska’s sex offender registration and notification statute did not constitute punishment and was therefore not susceptible to challenge under the Ex Post Facto Clause. In reaching that conclusion, the Court looked to the seven factors articulated in Kennedy v. Mendoza-Martinez. To evaluate those factors, the Court applied a presumption of constitutionality, conducting the sort of narrow factual inquiry characteristic of rational basis review. Since Smith, courts have disagreed as to whether sex offender laws are punitive when applied to juveniles, and the Supreme Court…

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Registrants Sue City of San Diego in Federal Court

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Two registrants challenged in federal court today residency restrictions within the City of San Diego that prohibit registrants from living within virtually all of the city.  The lawsuit was filed after the San Diego City Council refused to repeal the city’s residency restrictions despite a recommendation from the City Attorney because the restrictions are “likely not enforceable”. During the City Council’s meeting on August 1, Councilmembers defended the city’s residency restrictions and stated that they “don’t like them (registrants) living in our communities” as well as falsely stated that registrants cannot be rehabilitated.  One Council member added that rejecting…

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IN: County prosecutor – State effort valuable tool for parents seeking child care

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A new state registry is meant to help parents look into the backgrounds of the people their children spend time with. Last year, the Indiana State Legislature approved a child abuse registry, which became available in July. The registry, which is searchable by name, will provide information about everyone convicted of child abuse-related offense in Indiana from the past five years. Full Article

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