Friday, September 14, 2012 California appeals court upholds as-applied challenge to sex offender residency restriction of Jessica’s Law As reported in this local article, headlined “San Diego Sex Offenders Upset Residency Limit,” there mas a notable ruling earlier this week concerning California’s sex offender residency restrictions. Here are the basics from the press report: It is “unreasonable” and “oppressive” to
View Article...Monthly Archives: September 2012
Month: September 2012 factoid
The Sex Offender Registry includes about 10 times more people than really conceivably pose a threat to re-offend. They may do more harm than good. The more restrictions you pile on, the more your system begins to look like permanent probation, which would violate a whole bunch of state and U.S. Constitutional provisions. They cost the State millions of dollars,
View Article...Month: September 2012 Nevada: Adam Walsh Not Worth Cost
The Adam Walsh Act was an instant controversy in Nevada. As soon as state lawmakers adopted the federal sex offender legislation in 2007, lawyers drew up lawsuits that have kept it tied up in court to this day. But all the debate between advocates and attorneys over whether the Walsh Act is legal or logical now seems for naught. In
View Article...Month: September 2012 Friday, July 6, 2012
“The Department of Justice cannot find a single authority * * * for the proposition that it can reassert jurisdiction over someone it had long ago unconditionally released from custody just because he once committed a federal crime.” The en banc U.S. Court of Appeals for the Fifth Circuit today issued a ruling, by a vote of 10-to-6, that declared
View Article...Month: September 2012 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
You may be applicable for Post Facto status if you were convicted before August 1st 2008. 2:07-CR-02119-WFN-1 Filed March 7, 2012 Before: William C. Canby, Jr., Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges.Phillip Williams George was charged with, and convicted of, failing on September 27, 2007 to register as required under the Sex Offender Registration and Notification Act,
View Article...Month: September 2012 Registry disables most who have to register
http://www.youtube.com/watch?v=x6XUt_y74kU&feature=share Chrysanthi Leon. University of Delaware – Sex Offender Expert.wmv www.youtube.com Dr. Leon dispels myths about sex offender recidivism and offers solutions to ineffective registration practices. News Conference June 28, 2010 following RSOL… 97 J. Crim. L. & Criminology 317 (2006-2007) http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/jclc97&div=12&id=&page= Does It Make Us Safer – Does It Make Sense – Sex Offenders, Residency Restrictions, and Reforming Risk
View Article...Month: September 2012 A 2008 study by California’s Sex Offender Management Board
A 2008 study by California’s Sex Offender Management Board reported on 4,204 sex offenders released in 1997 and 1998. 3.38 percent were convicted of new sex offenses in the next decade.http://www.cfcamerica.org/index.php?option=com_content&view=article&id=2615%3Afacts-and-fiction-about-sex-offenders&catid=3%3Anews&Itemid=493
View Article...Month: September 2012 Disparity is only part of the sentencing snafu
Timely discussion of federal judicial concerns with guideline sentences Today’s Boston Globe has this notable article on a controversial component of the federal sentencing guidelines. The piece is headlined “US judges balk at rigid child porn sentences; Say guidelines often demand punishment beyond severity of crime.” Here are excerpts: In 2010, federal judges deviated below sentencing guidelines in child pornography cases 43 percent of the
View Article...Month: September 2012 In the Name of the (Not) Law
You don’t call the fire department when you put out a candle, and you don’t call the police station when your little brother takes your toy. You don’t make things sound so dramatic because the firefighters and police officers need to be able to respond to actual issues, like real fires and real criminals. While the situations may be different,
View Article...Month: September 2012 In the name of the child
For years, I hear and read how kids supposedly are so immature. I have worked close to children and youth for many years and found that children and young people know much better what they want (or not) as is ascribed to them. The entire discussion concerning [criminal?] accountability is a testimony to this. In Germany, this is at 14
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