Category: Constitutionality

regulatory purpose

Category: Constitutionality Court rules state sex offender registry unconstitutional

By Maureen Hayden CNHI Statehouse Bureau INDIANAPOLIS — A federal court appeals ruling may push state legislators into finding a fix for some long-standing problems with Indiana’s sex and violent offender registry. On Tuesday, a federal appeals court ruled the state’s registry was unconstitutional because it violated the due process rights of ex-offenders in the registry who have no way

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Category: Constitutionality Hundreds of Individuals Unconstitutionally Placed on Sex Offender Registry

June 12, 2013, New Orleans – Last night, in a federal class action lawsuit filed by the Center for Constitutional Rights (CCR) and co-counsel, a settlement with Louisiana was finalized that will remove from the sex offender registry approximately 700 individuals who had been required to register solely because of a Crime Against Nature by Solicitation (CANS) conviction.  Today’s settlement

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Category: Constitutionality Jessica’s Law as a parole condition …unreasonable and constitutes arbitrary and oppressive official action.

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

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Category: Constitutionality The Evolution of Unconstitutionality in Sex Offender Registration Laws

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

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