The Kansas Supreme Court is divided over whether a law requiring criminal offenders to register with local authorities after prison represents extra punishment.
A 4-3 majority has concluded that registration for sex, drug and violent offenders is not extra punishment. Its latest decision came Thursday in the appeal of Djuan Richardson.
He was convicted of selling cocaine in Sedgwick County in 2003 and pleaded guilty to violating the offender registration law in 2011. He later sought unsuccessfully to withdraw that plea. Full Article
Related
https://www.morelaw.com/verdicts/case.asp?n=107,786%20&s=KS&d=107522
With so much overwhelming evidence that the registry in fact creates a lot of disabilities socially, if not legally (not being allowed to see your child’s play on school grounds is a legal disability and not being able to find a home or job is a social one), how can they still claim it doesn’t amount to punishment? What is their rational that’s it’s not punishment?
Does anyone know what was actually said in the ruling in regards to this? I’m curious the definitions they used to come to this ruling.
This case deals with (drug) offender registration – NOT sex offender registration.
Noteworthy that 3 judges find even drug offender registration – a far cry from the restrictions imposed by sex offender registration – to be punitive…
I am giving this Djuan Richardson’s lawyer an “F”
I did not know that any state had a drug offender registry. Is this it, then? The acceleration of the push to get every person who has ever committed a crime on a registry for that crime? That seems inevitable in the long run if courts continue to find that registry schemes are only regulatory, may be applied retroactively, and do not constitute punishment.
The article implies that there are also “violent offender” registries other than sex offender registries. Or perhaps only that they would be considered constitutional if they did exist.
In view of Smith v Doe, I’m frankly surprised the vote of the Kansas Supreme Court was only 4 to 3 in favor of registration for drug offenders not being punishment. Again, it seems like any other conclusion would be impossible, since it would also apply to the sex offender registry.
Now, they can now start putting restrictions on where drug user can live.
If any judge thinks that registration is not punishment they are either a dumbass or dishonest. There is no middle ground. Ignorance in our judiciary is “frightening and high.”
Sorry NPS, but your wrong. I am currently getting both grants and student loans just as anyone else. Denial for possession only applies if you were selling it when you are receiving aid.Drug offender registration is a one time thing, and only last for five years. I am in CA, and yes we have both arson and drug registration.
Oh, and yes, I have a felony possession of a controlled substance.