As writer Alan Prendergast reported, U.S. District Court Judge Richard Matsch has ruled that Colorado’s sex-offender registry violates the due-process rights of three plaintiffs, thereby amounting to cruel and unusual punishment. Boulder attorney Alison Ruttenberg, who filed the case in 2013, sees the opinion as the potential death knell for a law enforcement tool that, in her view, perpetuates factually dubious notions that fall apart when examined in an evenhanded way.
“Everybody always jumps to the conclusion that all sex offenders are like the type of sex offender that’s vilified on Oprah Winfrey or John Walsh’s show: the serial, violent pedophile always looking for his next victim, who rapes and murders children. That stereotype applies to maybe a handful of convicted sex offenders in Colorado, and certainly nowhere near all the 18,000 men and women we have on our registry.”
“Ruttenberg stresses that “Judge Matsch issued a declaration that, as applied to these three individuals, the registry violates their 8th Amendment rights and their 14th Amendment rights. And you can certainly use his opinion to then argue that for convicted sex offenders who are similar situated — who are done with their treatment and are low-risk — the statute is also unconstitutional as applied to them.”‘
“Low-risk” – Even well meaning articles use this phrase but low-risk according to what? My actual risk assessment by a qualified person as well as numerous testing shows me to be a very low risk, no higher than any average person you may test off the street. But the only thing that the court seemingly cares about is my Static-99 which is a 4, Moderately-High. I just hope that once this thing does start collapsing, they won’t pull some BS where everyone that is “moderate to high risk” is screwed in some way. At least not without an extensive and individual evaluation.
Amusing (sarcasm) how the article’s website interspersed the article with photos of Colorado’s Most Wanted (So scary!!) Sex Offenders. An article critical of the Registry and unsubstantiated public hysteria nonetheless continues to pander to that very same hysteria!! Appalling and disgusting.
“…close to 40 percent of all people arrested for driving under the influence had a prior DUI or DWIA conviction. That’s a 40 percent recidivism rate. So if you want to put a class of criminal on a registry and publish their pictures and addresses online, why don’t you register drunk drivers?”
Finally. Someone said it. FINALLY!!!!!!!!!!!!!!!!!!!!
Politicians won’t go for it. Half (or more) of them would have to register!!!!!!!!!!!
@Chris F, AJ and mike r
Here’s your chance to get the fourth amended complaint of this case with a subscription for your reading leisure.
During Governor Scott’s Live Press Conference on Wednesday evening at 6:40pm regarding information about the looming Hurricane Irma, there was a question from a Reporter.
“Governor for any of the shelters, are they checking ID’s of people going to the shelters to see if they’re Wanted Criminals or Sex Offenders? [sic] Do you have any concerns that there could be liability issues?”
The Governor basically said the Shelter would be open for anyone who needs it, and he didn’t have any details regarding the random report cited by the Reporter, regarding checking people’s ID’s who need to enter into a Shelter.
funny- at the bottom of the article there is a link”
Denver Go Topless Day 2017 Dos and Don’ts (NSFW) ”
More RC on the way!!
All you need to know:
In Florida, GOVERNMENT officials announce anyone on the registry WILL BE TURNED AWAY FROM SHELTERS DURING THE STORM!
I think that is all you need to know about what the registry has become in America.
mic drop
So someone explain how getting declaratory relief and not a permanent injunction affects the plaintiffs. Do they get off the registry or not?
Damn right, Jo. Maybe they can’t burn us at the stake (literally), but they can let us die in the storm. God’s righteous punishment, is that it?