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Knowing Sexual Offense Facts Important; Paying Attention to Them Critical by Sandy Rozek by Sandy Rozek The Arkansas legislature recently passed a law imposing various restrictions on those who are on a sexual offense registry in regard to Halloween. The primary provisions make it a crime for anyone on the …
Portion of Illinois Sex Offender Law is Unconstitutional by Douglas Ankney by Douglas Ankney U.S. District Judge Virginia Kendall of Chicago ruled that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so poor they cannot find a home placement that …
Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a …
Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia held that the state statute authorizing the lifetime global positioning system (“GPS”) monitoring of persons determined to be a “sexually dangerous person” (“SDP”) but …
Destroyed Lives by Sandy Rozek by Sandy Rozek, NARSOL In 1969, a man named Peter Yarrow, a musical pop star, opened the door of his dressing room to two sisters, ages 17 and 14, who were seeking his autograph. He was nude and proceeded with sexually suggestive and apparently aggressive remarks …
South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment by Dale Chappell by Dale Chappell The Supreme Court of South Carolina held that a state law requiring mandatory electronic monitoring of sex offenders must meet the “reasonableness” standard under the U.S. and …
Sex Offender Registration Biased Against Blacks by Kevin Bliss by Kevin Bliss An Ohio study published in Criminal Justice Policy Review determined that the Sex Offender Registration and Notification Act (“SORNA”) system classifying the risk assessment of sex offenders is prone to racial bias. A sample of the 673 sex …
California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial by Kevin Bliss by Kevin Bliss The Court of Appeal of California, Second Appellate District ruled that the State was responsible in a case where the systemic breakdown of the public defender system delayed the …
Article • November 28, 2018 • from CLN December, 2018
Warning: Integrity of Judicial Process at Risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf of …
First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children by Matthew Clarke by Matt Clarke On June 20, 2018, the U.S. Court of Appeals for the First Circuit held that a condition of supervised release prohibiting contact with minors without pre-approval from a probation officer in …
Article • October 31, 2018 • from CLN November, 2018
Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s ruling that a man civilly committed under 18 U.S.C.S. …
Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process by Dale Chappell by Dale Chappell “While substantive due process permits limited confinement after a probable cause determination, it does not permit the Commonwealth to hold an individual indefinitely while …
Article • September 20, 2018 • from CLN October, 2018
New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated …
Article • September 19, 2018
Warning: Integrity of judicial process at risk by Sandy Rozek by Sandy Rozek, NARSOL Testimony from individuals at a sentencing hearing has one primary purpose: to give the court additional information on which to base a sentencing decision. Victim impact statements focus on the harm done, while statements on behalf …
Publication • September 18, 2018
HRDC Fact Sheet on Florida Amendment 4, Voting Rights Human Rights Defense Center DEDICATED TO PROTECTING HUMAN RIGHTS FLORIDA AMENDMENT 4 – HRDC FACT SHEET Not all ex-felons support Amendment 4! This November, Florida citizens will be voting on a very important ballot initiative that will impact nearly 1.5 million …
Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall by Steven Yoder Lists that include out-of-state visitors are inflating the numbers and keeping fear at a boil. by Steven Yoder, theappeal.org Quentin (not his real name) was convicted eight years ago of child pornography possession in Florida. …
Article • July 21, 2018 • from CLN August, 2018
Utah Supreme Court: Procedural Due Process Violated Where Failure to Participate in Sex Offender Treatment Program Used to Deny Parole to Prisoner Not Convicted of Sex Offense by David Reutter by David Reutter The Supreme Court of Utah held that the Board of Pardons and Parole (“Parole Board”) violated a …
Fifth Circuit Grants § 2255 Petition Challenging Failure to Register Conviction for Ineffective Assistance of Counsel by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fifth Circuit reversed a district court’s denial of a former prisoner’s 28 U.S.C. § 2255 petition, in which he claimed …
Assessing the Real Risk of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave and Franklin E. Zimring, 2018 ASSESSING THE REAL RISK OF SEXUALLY VIOLENT PREDATORS: DOCTOR PADILLA’S DANGEROUS DATA Tamara Rice Lave* and Franklin E. Zimring** ABSTRACT This Article uses internal memoranda and emails to describe the …
Article • May 21, 2018
American hero or manipulative monster? by Sandy Rozek by Sandy Rozek This is the insidiousness of being on the sex offender registry: No matter what you have done before, no matter how noble or brave or selfless, everything done after is seen through the prism of that label. Sex offender. …
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