Pennsylvania Supreme Court Decisions Pennsylvania Supreme Court Decisions

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Pennsylvania Supreme Court Decisions Yes there is a standard to test criminal behavior and risks… or is there? Megan’s Law – Scientific Evidence – SVP Assessment – Frye – Com. v. Dengler, No. 104 MAP 2004, Castille, J, 12/30/05 – Psychologist’s expert testimony that defendant met the statutory criteria for classification as a Sexually Violent Predator was not novel scientific

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Tier II ambiguos to some Tier II ambiguos to some

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Tier II includes most sexual abuse or exploitation offenses against minors and attempts or conspiracies to commit such offenses. Tier II also includes use of a minor to practice prostitution and production and distribution of child pornography. The corollary to this guideline would be that if a person who was convicted of possession of materials involving a minor would not

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Supervised Release individuals are granted ‘conditional liberty’ Supervised Release individuals are granted ‘conditional liberty’

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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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A Better Answer to Post Sentencing Protocols A Better Answer to Post Sentencing Protocols

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a) Treatment as a post sentencing requirement Overview of treatment modalities Individual Psychotherapy is the modality with one patient and one therapist. This form offers the most attention to the patients individual concerns however it can be limited in that it cannot directly study family or social relationships. There are many different styles or theoretical orientations of therapists such as psychodynamic,

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

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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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factoid factoid

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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,

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Nevada: Adam Walsh Not Worth Cost Nevada: Adam Walsh Not Worth Cost

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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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Friday, July 6, 2012 Friday, July 6, 2012

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“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

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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

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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,

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Registry disables most who have to register Registry disables most who have to register

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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

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