A stunning about face: A Cook County judge on Thursday who had found a defendant not guilty of a sex crime has now ordered him to register as a sex offender as part of a stiff, 30-year sentence. …
“Though insufficient to establish guilt,” Judge Hill said, “the evidence is sufficient to meet the lower threshold of proof for purposes of the Sex Offender Registration Act.” Full Article
Perhaps he deserves it, but I’m not sure the judge is right that he can increase the sentence by adding sex offender registration. The judge says: “Though insufficient to establish guilt,” Judge Hill said, “the evidence is sufficient to meet the lower threshold of proof for purposes of the Sex Offender Registration Act.” While case law appears to say he can’t, unless something has replaced this: https://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-and-reports/mandatory-minimum-penalties/20111031-rtc-pdf/Appendix_E.pdf Beginning in Apprendi, 60 the Supreme Court held that, under the Sixth Amendment, “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed… Read more »
I did not think the Judge could either @Chris F and have to believe this will be appealed since he’s basing sentencing on something he was acquitted of to make a point. But, it is IL and they don’t exactly have a stellar track record with these things….
I don’t care if he was arrested 1000 times , that has nothing to do with sticking him on the registry if there was no finding of guilt of a sex offence . if being an dumb ass can put you on the registry , I can easily point out some Gov’t official’s that fit that bill of goods , not to mention the horrific crimes that Judges as well as Prosecutors get away with for their entire career’s with little to no PUNISHMENT , I love how they point out that this is a “Presents” like this is the… Read more »
So the bar for proof is lower to force someone to register, than the proof that is needed to find a person guilty? DId I understand that right?
We already live in country that a simple accusation of a sex crime causes a person to completely lose the ability to foster a child forever. What’s next?
Yeah, it is looking like the novel 1984 and the Anti Sex League. It is very interesting that Orwell recognized sixty years ago what a powerful tool sex can be in controlling the population. I wonder if he knew about the California SO registry in effect just before his book was published?
“What’s next?” Good question. Man’s inhumanity to man seems to know no limit.
“More inhumanity has been done by man himself than any other of nature’s causes.” –Samuel von Pufendorf (gotta love the quote, just for the guy’s last name!)
Needless to say there is nothing pretty about what the guy did! That said–I just dont understand where these incredibly long prison sentences come from!! I saw nothing anyone couldn’t get over.I’m not trying to minimize his disgusting behavior, but honestly 30 years???