Judges Are Starting to Question Overzealous Sex-Offender Laws

There’s a stark divide between lawmakers and experts when it comes to laws which restrict where registered sex offenders can live. Cities and states all around the country have enthusiastically banned offenders from living too close to schools — and introduced other, similarly oriented restrictions — on the grounds that such legislation is a common-sense way to help keep kids safe. Experts, on the other hand, have insisted that these laws at the very least don’t reduce recidivism, and could have the opposite of the intended effect, increasing the odds…

Read More

The 6th Circuit Finally Said The Magic Word: Punitive

Of the many legal fictions enjoyed by judges, few have done as much damage to as many people as calling sex offender registries “regulatory.” The trick is that if it’s characterized as regulatory, then it’s not punitive. And if it’s punitive, then it opens a whole slew of constitutional rights that would render the concept unlawful. But if legislators squint and write the “r” word instead of the “p” word, and judges squint and agree, problem solved! Full Editorial

Read More

NC: Gap in N.C. law allows sex offenders near schools, day cares

On Sept. 1, a registered sex offender will be breaking the law if he continues to work at a car repair shop that sits within 300 feet of the Boys & Girls Club of Cumberland County and a day-care center. A state law takes effect that day prohibiting sex offenders from being near places where children “frequently congregate” – including schools, parks, arcades and day care centers – when minors are present. Full Article

Read More

MI: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment [UPDATED]

UPDATED with media links – Today the U.S. Court of Appeals for the 6th Circuit held that recent amendments to Michigan’s Sex Offender Registration Act (SORA) are unconstitutional because they impose retroactive punishment on sex offenders in violation of the Constitution’s prohibition on ex post facto laws. Among other things, the plaintiffs argued that amendments to Michigan’s SORA increased the severity of its requirements after their convictions imposed retroactive punishment. In John Does #1-5 v. Snyder, the Sixth Circuit agreed. Full Article Decision Statement of Facts Oral Argument Related Media Articles Federal…

Read More

TX: Iowa Park city council turns down father’s plea for sex offender exemption

An Iowa Park man was turned down after asking the City Council on Monday night to consider an exemption to the code of ordinances. After recently writing a letter to the city of Iowa Park, James H. Pappas stood in front of the City Council and requested an exemption for his son, ___ ____, who is in his 60s and was convicted of having child pornography in Duluth, Minnesota. However, the City Council denied the exemption based on Texas state law. Councilwoman Sherrie Williams said, “We’d have to void the…

Read More

CO: Legislature to blame for sentencing quandary (Opinion)

I feel compelled to respond to Chandler McCorkle’s guest opinion (“Judge failed rape victim, society,” Daily Camera, Aug. 14) because it proceeds from woefully erroneous assumptions about the nature of sex offense probation and sentencing. Ms. McCorkle states that the sentence means that sex offender probationary sentences do not carry “true repercussion(s),” and the judge’s sentence was “naïve [and] unthinkably stupid.” With all due respect, she could not be more wrong. Full Opinion Piece Original Opinion Piece

Read More

IL: Sex Offender Pleads No Contest

52-year-old blind man, ____ ____ of South Roxana, was convicted in 2000 of aggravated criminal sexual abuse. ____ pleaded no contest Thursday to a violation of the state sex offender registration law. The violation comes after a police compliance check on Halloween of 2014. ____ was sitting just inside the front door of his living room as his step-daughter was handing out candy. State law prohibits registered sex offenders from distributing Halloween candy. ____ was sentenced with 12 months of conditional court supervision. Article

Read More

WI: Sex offender ordinance hasn’t worked as planned, putting public at greater risk

Last summer, ____ ____ got a notice from the Milwaukee Police Department: He had to move out of his north side rental home. ____, a registered sex offender, hadn’t done anything to violate the terms of his sentence, which stemmed from groping a 13-year-old girl he met online when he was 19. In fact, ____ had stayed out of trouble since his conviction in 2002. The notice alerted ____ that a new Milwaukee ordinance had gone into effect, severely restricting where sex offenders can live. ____’ home was too close to…

Read More

MO: Decades after ‘lie’ puts dad on sex offender registry, he’s pardoned

____ ____, a Clay County father who has long denied that he was a sex offender who molested his own son, received a telephone call Friday that he has wanted for nearly half his life. The call was from the office of Missouri Gov. Jay Nixon. The news: ____ had been pardoned of the crime he said he never committed, and he was told his name would no longer appear on Missouri’s sex offender registry. Full Article

Read More

WI: Pleasant Prairie under legal fire for sex offender ordinance

A federal judge has been asked to order the village of Pleasant Prairie to notify residents that it is temporarily not enforcing an ordinance that effectively banishes registered sex offenders from living in the village. A preliminary injunction was filed Friday on behalf of 10 registered sex offenders who are challenging the constitutionality of the ordinance. Their attorney, Mark Weinberg, said he filed the injunction request after village officials lacked the “political will” to post notice on the village’s website that the ordinance would not be enforced under the lawsuit…

Read More

PA: Supreme Court ruling will reduce number of sex offenders required to register for life

A ruling issued by a sharply-divided Pennsylvania Supreme Court could greatly alter the registration requirements imposed on some types of convicted sex offenders. The decision by the court’s majority states that offenders who commit some kinds of sex crimes, such as possessing child pornography, cannot be made to register with state police for life unless they commit at least one more sex crime after their initial convictions. In other words, they have to become recidivists to qualify for the lifetime registration. Full Article Decision Dissenting Opinion 1 Dissenting Opinion 2

Read More