Tag: unconstitutional

MI: ACLU Sues State Officials for the Fourth Time over Unconstitutional Michigan Sex Offender Registration Act

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Source: aclumich.org 2/2/22 Civil rights organization says it’s unconstitutional to label people for life without individual review  DETROIT – Today the American Civil Liberties Union of Michigan (ACLU), on behalf of 10 people who all previously won federal court rulings that Michigan’s Sex Offenders Registration Act (SORA) is unconstitutional, filed a federal class action lawsuit against state officials over the latest version of the law. It is the fourth federal lawsuit the civil rights organization has filed challenging SORA in the past decade. The federal courts and the Michigan Supreme…

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AZ: NARSOL supports man who won rare constitutional challenge

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[narsol.org 4/9/18] y Larry Neely . . . The National Association for Rational Sexual Offense Laws (NARSOL) has filed an amicus curiae brief in the United States Court of Appeals for the Ninth Circuit in support of Stephen Edward May, whose conviction for child molestation in an Arizona case has been set aside by the federal court in Arizona. NARSOL’s interest in May’s case rests on the Arizona statute defining the offense of child molestation to require the accused to prove that any contact with an underage child did not…

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MI: Felony charges dropped against Clinton Township sex offender in Ferndale

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[macombdaily.com] Felony charges have been dismissed in Ferndale against a convicted sex offender accused of failing to give his correct address and vehicle information under the state’s Sex Offender Registration law. Joshua Owens, 26, of Clinton Township was arraigned on the two felonies in Ferndale 43rd District Court earlier this month. Owens was convicted in Macomb County Circuit Court in 2006 when he was a minor for third-degree criminal sexual penetration with a person under 16, and second-degree criminal sexual conduct with a person under 13. His attorney, Steve Lynch,…

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The Evolution of Unconstitutionality in Sex Offender Registration Laws by Catherine L. Carpenter [paper]

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[papers.ssrn.com] Abstract More is not always better. Consider sex offender registration laws. Initially anchored by rational basis, registration schemes have spiraled out of control because legislators, eager to please a fearful public, have been given unfettered freedom by a deferential judiciary. This particular article does not challenge the state’s legislative power to enact sex offender registration laws. Instead, this piece posits that, even if sex offender registration schemes were initially constitutional, serially amended sex offender registration schemes – what this piece dubs super-registration schemes – are not. Their emergence over…

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Professor Catherine Carpenter: The Unconstitutionality of Sex Offense Laws [video]

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[www.sfc.edu] Professor Catherine Carpenter (Southwestern Law School), a nationally renowned criminal law scholar in the area of sex crimes and sex offender registration laws, came to St. Francis College on September 26 to talk about The Unconstitutionality of Sex Offense Laws. Watch Catherine Carpenter on Sex Offender Laws Her scholarship has been cited by numerous courts and used as a guide by attorneys; she is also one of the foremost authorities on law school curricula and accreditation. Among her important law review articles is, “Against Juvenile Sex Offender Registration.” The…

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