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Supreme Court Upholds Expanded [Registration of] Sex Offenders
Backing expanded registration requirements for sex offenders, the Supreme Court found it constitutional Thursday for the law to cover anyone with a prior conviction.
Re-entry "stigma": You don't look like a castrated productive member of society. Are you?
SORNA states only that "the attorney general shall have the authority to specify" how the law applies to such offenders, and different state attorneys general have in turn issued different guidelines.

In New York, the law led prosecutors to accuse Herman Avery Gundy of failing to properly register as a sex offender before attempting interstate travel. Seven years earlier, Gundy had entered what is known as an Alford plea to sexual assault of a minor.

5-3 score; opinion for the court by KAGAN, joined by BREYER, SOTOMAYOR, GINSBURG, Samuel "Scalito" ALITO concurring; GORSUCH dissenting joined by ROBERTS, THOMAS (KAVANAUGH recusal)
"The Constitution promises that only the people's elected representatives may adopt new federal laws restricting liberty. Yet the statute before us scrambles that design. It purports to endow the nation's chief prosecutor with the power to write his own criminal code governing the lives of a half-million citizens," [Gorsuch] said. "Yes, those affected are some of the least popular among us. But if a single executive branch official can write laws restricting the liberty of this group of persons, what does that mean for the next?"
Pennsyltucky and SORNA: Take two

reference
Art. 1, § 9
ex post facto laws
bills of attainder

DICTION CORNER
Alfor plea
SORNA


Diversity is the key to economic and political evolution.

by Cat on Thu Jun 20th, 2019 at 09:19:34 PM EST
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Justices Nix Heavy Sentences for Repeat Sex Offenders
In the underlying case, a federal judge sentenced Andre Haymond to an additional five years in prison, the mandatory minimum, after finding that Haymond had violated his parole by possessing child porn.

Probation officers caught Haymond with the images in a surprise 2015 search of his apartment while Haymond was two years into a 10-year term of supervised release for an earlier child-porn conviction.
[...]
"Regardless how this statute describes the additional punishment it imposes, the triggering of a new mandatory minimum prison term requires both factfinding by a jury and proof beyond a reasonable doubt," said Kilaru, whose firm filed an amicus brief in the case on behalf of the National Association of Criminal Defense Lawyers and the advocacy group Families Against Mandatory Minimums.

5-4 score; opinion for the court by GORSUCH, joined by SOTOMAYOR, GINSBURG, KAGAN; BREYER concurring;  Samuel "Scalito" ALITO dissenting joined by ROBERTS, Clarence "Separate but Equal" THOMAS, KAVANAUGH
US vs Haymond

Diversity is the key to economic and political evolution.
by Cat on Tue Jul 2nd, 2019 at 09:28:05 PM EST
[ Parent ]

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