Category: Deliberative Process

goals of sentencing set forth in 18 U.S.C. § 3553(a)

Category: Deliberative Process The Supreme Court’s Sex-Offender Jurisprudence Is Based on a Lie

The Supreme Court believes most sex offenders will keep committing sex crimes. The data suggests otherwise. By David Feige Can the state ban sex offenders from social media? That’s the question at the heart of Packingham v. North Carolina, a case argued before the U.S. Supreme Court last week. In 2002, then–21-year-old Lester Gerard Packingham Jr. was indicted for having

View Article...

Category: Deliberative Process WIN in Wisconsin

MILWAUKEE — A federal judge Monday found unconstitutional Pleasant Prairie’s initial ordinance that largely banned registered child sex offenders from residing in the village. The village amended its ordinance three months after the offenders filed suit in June 2016, but U.S. District Judge J.P. Stadtmueller ruled that did not make moot the issues the offenders raised with the first ordinance.

View Article...

Category: Deliberative Process Edmonton judge rules national sex offender registry is unconstitutional

An Edmonton judge has ruled that the national sex offender registry is unconstitutional as it is “over broad and grossly disproportionate” and violates people of their charter rights. In a recently released decision involving the case of an Edmonton man convicted of two sexual assaults, Court of Queen’s Bench Justice Andrea Moen found the Sex Offender Information Registration Act removed

View Article...

Category: Deliberative Process 6th Circuit Court of Appeals case — Does v Snyder

In late August the U.S. 6th Circuit Court of Appeals handed down a ruling that has registrants and lawyers around the country excited.  The case, Does v. Snyder, challenged various parts of Michigan’s sex offense registration law.  Six individuals using the last name “Doe” won, the State of Michigan lost.   The Sixth Circuit is the *first* federal appeals court to declare

View Article...

Category: Deliberative Process CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET

A Certificate of Rehabilitation is a court certified document declaring that a person is now obeying the laws of the land and demonstrating good moral character. A Certificate of Rehabilitation is designed to restore civil and political rights of citizenship to ex-felons (and some misdemeanants) who have proved their rehabilitation. People v. Lockwood (App. 1 Dist. 1998) 77 Cal.Rptr.2d 769,

View Article...

Category: Deliberative Process PSA: Attention all Registrants and Family

Lets take a moment and look around this country; Government restraint is increasing at an all time high, tensions among the public races are deteriorating rapidly and international relations are not exactly stable. Now you may be asking yourself why I have pointed out these things that are blatantly and obviously accepted as common knowledge. Here is something else that

View Article...

Category: Deliberative Process The Supreme Court’s Crucial Mistake About Sex Crime Statistics

A commonly-cited statistic about sex offender re[cidivism] rates is wrong. ABSTRACT This brief essay reveals that the sources relied upon by the Supreme Court in Smith v. Doe, a heavily cited constitutional decision on sex offender registries, in fact provide no support at all for the facts about sex offender re-offense rates that the Court treats as central to its

View Article...

Category: Deliberative Process 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: Deliberative Process 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

View Article...