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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 …
Sex Offender Registries: Common Sense or Nonsense? by Christopher Zoukis by Christopher Zoukis In October 1989, 11-year-old Jacob Wetterling was kidnapped at gunpoint and never seen again. When the boy’s mother, Patty Wetterling, learned that her home state of Minnesota did not have a database of possible suspects—notably convicted sex …
The Sex Offender Registry: It’s Not What You Think by Sandy Rozek by Sandy Rozek  “Texas sex offender added to 10 most wanted sex offenders list.” “Virginia man arrested for sex crimes after third victim comes forward.” “Arizona sex offender sentenced to 100 years for child porn.”  These are the …
Unjust Sexual Offense Laws: Insanity and Hope by Ken Abraham, Brenda Jones by Ken Abraham and Brenda Jones Unjust Laws Over the past 25 years, the U.S. has developed a pernicious system of sexual offense laws, including increased sentences and public registries of offenders. Based largely on unfounded hysteria surrounding …
Fifth Circuit Vacates Sex Offender Supervised Release Conditions by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit vacated several sex offender supervised release conditions, finding that the lower court abused its discretion in imposing the conditions. In 1998, Chanda Huor, 16, pleaded guilty …
Sex Registries as Modern-Day Witch Pyres: Why Criminal Justice Reform Advocates Need to Address the Treatment of People on the Sex Offender Registry by Guy Hamilton-Smith by Guy Hamilton-Smith, In Justice Today Perhaps the most irrefutable statement that can be made about modern day America is this: we have a penchant …
Sex Offender Registries: An Easy Sell, But Do They Work? by Christopher Zoukis by Christopher Zoukis Sex offender registries are the norm in all 50 states and are an easy sell, politically. But the actual value of these laws, in terms of public safety, is increasingly being questioned. Do these …
San Diego "Predator Free Zones" Struck Down by California Supreme Court by Christopher Zoukis by Christopher Zoukis The California Supreme Court has ruled that a statute restricting all registered sex offenders on parole in California from residing in large swaths of the state is unconstitutional as applied to registered sex …
Article • December 27, 2017
First Circuit Vacates Supervised Release Conditions for Sex Offender by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the First Circuit has vacated two onerous conditions of supervised release and reversed the imposition of a 20 year term of supervised release on a sex offender for violation of …
Article • December 27, 2017
Juvenile Sex Offenders in W.V. Not Required to Register After State Supreme Court Rules 'Adjudication' Not 'Conviction' by Lonnie Burton by Lonnie Burton On February 14, 2017, the West Virginia Supreme Court issued a decision that under state law, a juvenile adjudicated guilty of a sex offense was not required …
Article • December 27, 2017
Indiana Supreme Court: Juvenile May Not Be Ordered to Register as Sex Offender Until Release by Lonnie Burton by Lonnie Burton On February 15, 2017, the Indiana Supreme Court reversed a Court of Appeals decision affirming a Fayette Circuit Court ruling which ordered a juvenile sex offender to comply with …
Indiana Court of Appeals Rules in Favor of Sex Offender Prohibited From Contact With His Own Children by by Christopher Zoukis David Bleeke was convicted in 2005 of residential entry, attempted criminal deviant conduct and sexual battery for entering an adult female's apartment and attempting to digitally penetrate her vagina. …
Article • December 14, 2017
North Carolina Supreme Court Upholds Social Media Ban for Registered Sex Offenders by Matthew Clarke by Matt Clarke In an opinion handed down on November 6, 2015, the Supreme Court of North Carolina upheld a state law banning registered sex offenders from accessing commercial social media websites on the Internet. …
Public Records Relating to Sex Offender Registry Not Exempt from Disclosure, Washington Court Rules by Lonnie Burton On April 7, 2016, the Washington State Supreme Court, in a 7-2 decision, overturned the ruling of a trial court that held sex offender registry information was exempt from disclosure under the state …
Article • December 7, 2017
Alabama Prisoner Convicted of Kidnapping Minor Can be Labeled Sex Offender by David Reutter The Eleventh Circuit Court of Appeals held that an Alabama prisoner failed to state a claim against the Alabama Department of Corrections (ADOC), when he alleged that its application of a 2011 sex offender (S.O.) statute …
Tenth Circuit: Oklahoma Sex Offender Restrictions Are Not Punitive by Mark Wilson by Mark Wilson The Tenth Circuit held that Oklahoma's sex offender reporting and residency requirements do not amount to punishment. Juston Shaw was convicted of a 1998 Texas sex offense. He moved to Oklahoma ten years later. At …
Ohio's Adam Walsh Act Registration Not Retroactive by Mark Wilson by Mark Wilson The Ohio Supreme Court held that amendments to the state's sex offender registration law do not apply to defendants who committed their crimes before January 1, 2008. In 1996, the Ohio legislature enacted Megan's Law, establishing a …
Article • November 16, 2017 • from CLN December, 2017
Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause by David Reutter by David Reutter The Pennsylvania Supreme Court held that the registration sections of Pennsylvania’s Sex Offender Registration and Notification Act (“SORNA”) are punitive and thus cannot be applied retroactively. The Court concluded that …
Residential Proximity to Schools and Daycare Centers - Influence on Sex Offense Recidivism, IACFP, 2010 RESIDENTIAL PROXIMITY TO SCHOOLS AND DAYCARES An Empirical Analysis of Sex Offense Recidivism PAUL A. ZANDBERGEN University of New Mexico, Albuquerque JILL S. LEVENSON Lynn University, Boca Raton, Florida TIMOTHY C. HART University of Nevada, …
Colorado Sex Offender Management Board Audit, Central Coast Clinical & Forensic Psychology Services, 2014 An External Evaluation of The Colorado Sex Offender Management Board Standards and Guidelines Central Coast Clinical & Forensic Psychology Services, Inc. Deirdre M. D’Orazio, PhD David Thornton, PhD Anthony Beech, DPhil 3 January 2014 In Response …
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