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Retroactive Application of Sex Offender Registration Requirements

Sex Offender Issues posted this article from CourthouseNews.com yesterday. Basically the 9th Circuit appeals court upheld that it’s legal to change the rules and requirements after the fact.

The appeals court in San Francisco (PDF) joined several of its sister circuits in finding that the retroactive application of the federal Sex Offender Registration and Notification Act is “constitutionally sound.”

via Sex Offender Issues.

I find it interesting that the laws governing RSOs (Registered Sex Offenders) can change from day to day with little or no outcry or concern for the rights of those individuals. Making the life of RSOs and their families even more difficult despite the fact that the offense may have occurred as a child or happened 30 or 40 years ago without any repeat offense.

Can you imagine what the outcry would be across the US and the world if the federal government enacted a law requiring all those convicted of murder to live the rest of their lives in prison without the possibility of release; despite the fact that they had been released 30 or 40 years ago?

The Associated Press: Perry: Marines in video are ‘kids,’ not criminals

Marines in video are ‘kids’ from presidential hopeful and Texas govener Rick Perry. Keep in mind this is the governor of the state that has placed more children on Sex Offender Registers than any other in the nation.

Texas Gov. Perry said the Marines involved should be reprimanded but not prosecuted on criminal charges.

“Obviously, 18-, 19-year-old kids make stupid mistakes all too often. And that’s what’s occurred here,” Perry told CNN’s “State of the Union.”

He later added: “What’s really disturbing to me is the kind of over-the-top rhetoric from this administration and their disdain for the military.”

via The Associated Press: Perry: Marines in video are ‘kids,’ not criminals.

I don’t know what bothers me most; the idea that he’s okay with sending ‘kids’ off to war or the double standard. No doubt that if this had happened in great state of Texas the ‘kids’ would have been charged with a sex offense and been placed on the registry for life.

 

Shelby Cross Teaches Us How To Protect Our Children On Halloween, A.K.A. The Pedophiles’ Christmas | Onion News Network

I love the ONION, the parody and wit is great. But this is too close to the truth; at least with the current hysteria in the US.

Shelby Cross warns parents that by letting their children trick-or-treat door-to-door in fancy little costumes, they are sending their little ones straight into the greasy arms of waiting sexual predators.

via Shelby Cross Teaches Us How To Protect Our Children On Halloween, A.K.A. The Pedophiles’ Christmas | Onion News Network.

 

Tough Sentences Help Prosecutors Push for Plea Bargains – NYTimes.com

After decades of new laws to toughen sentencing for criminals, prosecutors have gained greater leverage to extract guilty pleas from defendants and reduce the number of cases that go to trial, often by using the threat of more serious charges with mandatory sentences or other harsher penalties.

via Tough Sentences Help Prosecutors Push for Plea Bargains – NYTimes.com.

Interesting read on the shift of power in the judicial system and the resulting coercion of guilty pleas. Of course this is nothing new to anyone who’s faced felony charges before.

I will never stop second guessing my decision to accept a plea bargain.

 

SCOUS – “imprisonment is not an appropriate means of promoting correction and rehabilitation”

An interesting NY Time article this afternoon on several SCOUS decisions. One that caught my eye is:

SENTENCING The court also ruled that federal judges may not impose longer prison sentences in order to promote rehabilitation. The decision in the case, Tapia v. United States, No. 10-5400, was unanimous. Justice Kagan, writing for the court, said the relevant federal law, which instructed judges that “imprisonment is not an appropriate means of promoting correction and rehabilitation,” dictated the result.

via Miranda Warning Need Tied to Age by Supreme Court – NYTimes.com.

While this case is specifically about drug abuse and the federal treatment program, to me at least it raises some interesting questions. Basically the Supreme Court has determined it’s improper to lengthen a sentence for a drug offense to ensure treatment while turning it’s back on ‘treatment’ and long term internment of sex offenders.

 

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