HOLLIDAYSBURG — Following the sentencing of an area man last month for indecent assault, Blair County District Attorney Richard A. Consiglio informed the judge that the next step in the process — a hearing to determine if the defendant was required to register as a sex offender — had to be delayed because of recent opinions by the Pennsylvania Supreme and Superior courts.
Under those opinions, questions arose as to the constitutionality of the state law requiring sexual offenders to register with state police and to periodically update their registration.
The constitutional challenges focused on individuals convicted of sexual offenses before Dec. 20, 2012, when the most recent Sexual Offender Registration and Notification Act, known as SORNA, took effect.
Also challenged was the information made available to the public about defendants that included private facts beyond the charges for which they were convicted and their addresses.
Just shut the Megan’s Law down and everything will be fine.
Love it….
I really wish I could reply on the comments section of this article. But unfortunately, I can only do so with a Facebook account which I’m not allowed and don’t have (I abandoned the one I had pre-conviction long ago). The conspiracy theorist in me can’t help but wonder if that was an original secret intent to prevent registrants from larger forums to voice opposition or just a delightful, un-thought-of effect.
Everyone please, if and when you can, make our points on these sites for general public consumption.
My point of contention here regards ex post facto and retroactive law. It has long been precedent (at least here in Georgia) that the law in effect at the time of offense is the law to be applied at all stages of prosecution – to include sentencing, parole, and probation – and when new laws are made retroactive, the more lenient of the two applies. Sadly, I’ve never seen the argument made in applicable cases and for the life of me can’t figure out why.
My second point would be to challenge the pro-registry, anti SO crowd to apply the same reasoning to other offenses. By their logic, convicted burglars would never be allowed near buildings. Convicted robbers (armed or not) would never be allowed where money or items of value are present. Convicted arsonists would would never be allowed where flammable materials are present. Shoplifters would be precluded from all retail establishments. Those with parking or speeding tickets (paid or not) would never be allowed to own or operate a motor vehicle and must forfeit those already owned or otherwise have access to. Jaywalkers would never be allowed near streets. The list is unending and the associated restrictions to prevent re-offending get more and more absurd.
As stated by others, gang members, drug dealers, and impaired drivers have documented far higher re-offense rates than sex offenders. Yet they aren’t registered, have their post-sentence lives so thoroughly scrutinized, and have been proven to be a great threat to the public. Why not? If the SOR is so effective, why not apply it to all crime?
Theoretically, if all crime was registered and those convicted were restricted according to the same reasoning and manner as SOs, the numbers of the law-abiding would dwindle to nearly none. How safe would the tough-on-crime crowd feel then?
I was just wandering, is it that your on probation or parole that your not allowed to have a Facebook, it doesn’t state that that see anywhere in my requirements that I’m not allowed to use Facebook, I just don’t for the fact enough people know me, I’ve never been a fan of social media sense before I was required to register but that just me though. That is some good news for sure, wander how 1952 will pan out or will it, hopefully they throw it off the table because it’s considered ex post factory, a direct violation of the pa and federal constitution.
This is outstanding, the registry is crumbling. The DA said that many of the children have been brutalized. Well that might be the problem. Instead of focusing on the small percentage of people who did actual violent crimes, they have mixed the other 900,000 SO’s in there and treat them the same, now you have a big mess, a punitive system, a system that punishes indiscriminately, and a morass of constitutional violations. Each case should be dealt with individually as is stated in the Constitution. That is what probation, supervised release, and parole are for, to watch the person closely for a period to see how they function in society. The registry makes the public the supervisor, and with it are all the whims and particulars of that individual as we saw in Alaska, the man violently beat three men he found on the registry, and he himself is an ex-con for drug dealing, so this shows you the idiocy of the registry. Good bye registry. Hello sanity.
Man, I can’t count how many articles I’ve read about the surge in offenses since Muniz. Oh wait, yes I do: zero. Just as with the “lost” RCs in MA, absolutely nothing has happened with the loss of this important and needed law. Proof’s in the pudding, prosecutors!
Just tried to comment but looks like moderator didn’t approve.
All I meant to say was that Angel Watch letters need to be stopped as a practice as well….not just the passport moniker….. especially when we make due notification of our travel plans.
My husband had his failure to register case dismissed because he wasnt required to register under SORNA. He is in compliance but does have a lower court hearing in Feb 2018 for a removal of SORNA by a judge
Dustin
Seams like only people on probation are the only ones not allowed to do social media in pa, I don’t know about other states or other teirs though, sucks if you enjoy doing social media which 90% of people do.6 days till SCOTUS conference and God I hope we get good news on Monday 22nd.