Abstract: On March 5, 2010, the U.S. Court of Appeals for the Eleventh Circuit in United States v. Dodge held that courts may take a non-categorical approach in determining whether a defendant qualifies as a sex offender under the Sex Offender Registration and Notification Act. Although a non-categorical approach is warranted by accepted standards of statutory construction, courts following a non-categorical approach in the future should
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Category: Boundaries And What About the Rest of My Life
The State and Federal Registries are Aggravating and Unnecessary. There is no simpler way to describe the sterility effect our nation’s new sex offender laws have on a low-level non-dangerous person’s life. Aggravating because there are no open forums for which a past offender may present his case for relief to. Either you are a sex offender or you are
View Article...Category: Boundaries THE CONSTITUTIONALITY OF STRICT LIABILITY IN SEX OFFENDER REGISTRATION LAWS
To find sex offender notification laws unconstitutional] is to find that society is unable to protect itself from sexual predators by adopting the simple remedy of informing the public of their presence. That the remedy has a potentially severe effect arises from no fault of government, or of society, but rather from the nature of the remedy and the problem;
View Article...Category: Boundaries Student Report of Sexual Assault Charged by UNC-Chapel Hill
UNC-Chapel Hill sophomore Landen Gambill faced retaliation for filing a federal complaint against the university. Gambill’s case gained national attention after she reported a sexual assault to the school and was later charged with a school honor code violation. Gambill filed an additional complaint in March after being charged with the honor code violation by the student-run honor court. The court charged that Gambill
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JULY 2–A 15-year-old Florida girl was arrested yesterday on a child pornography charge for allegedly showing several classmates a photo on her iPhone depicting “two juveniles engaged in oral sex,” police report. On May 21, the iPhone was seized from the girl “during class” by an employee of Wiregrass Ranch High School in Wesley Chapel who “observed a picture of
View Article...Category: Boundaries Supervised Release individuals are granted ‘conditional liberty’
This is a non-extensive yet inclusive list of the liberties lost and the disabilities gained by assuming a life-time of supervised release—the Federal sentencing equivalent of probation. Supervised Release individuals are granted ‘conditional liberty’ subject to special and unique restrictions: >supervised release includes probation; >20 percent lost productive time. – 5 days a month treatment – 1 to 2 days
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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
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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...Category: Boundaries 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...Category: Boundaries 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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