Supreme Court rules for sex offender

child pornography case testing power of judges and juries The Supreme Court ruled Wednesday that even sex offenders deserve to have the reasons for their sentences determined by a jury, not a judge. The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge's new findings is unconstitutional. Supreme Court precedent gives juries, not judges, the power to determine criminal conduct. Associate...

Gundy Case Update

Opinion analysis: Court refuses to resurrect nondelegation doctrine If you have been following this case, Gundy v. United States, here is an excerpt and analysis from SCOTUS Blog : The Supreme Court today refused to resurrect the nondelegation doctrine, the long-dormant principle that Congress cannot transfer its power to legislate to another branch of government. The case, Gundy v. United States, involved a provision of the Sex Offender...

SCOTUS to Decide on Nondelegation Doctrine

The US Supreme Court to rule in Gundy v U.S. Background on this case, — Gundy v U.S — from a November, 2018 American Bar Association article by Trish McCubbin can be read here. W.A.R. president Vicki Henry reports that the U.S. Supreme Court will decide on the merits of this doctrine in Gundy v U.S before the end of June, 2019.

7th Circuit Rules Indiana DOC Violates Constitution

Sex Offender Prison Program Unconstitutional Indiana Department of Corrections cannot force sex offenders to list all past sex offenses. As reported in this "The Indiana Lawyer" article by Marilyn Odendahl last week: Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates...

Iowa Supreme Court rules requiring sex offenders to report social media presence is not a First Amendment violation

The Iowa Supreme Court ruled Friday that requiring sex offenders to disclose their social media identities and other digital information does not violate their free speech rights. Iowa Supreme Court rules that Social Media reporting not a first amendment violation

PA High Court to review SORNA case again

In this COLLATERAL CONSEQUENCES RESOURCE CENTER April 9, 2019 article about a case in Pennsylvania that is questioning the due process violations for people affected by SORNA. As reported in this article the PA High Court will hear Due Process violations of SORNA: One of the first people to be required to register under the new law was the defendant in Commonwealth v. Torsilieri. Torsilieri was convicted by...

Elimination of Lifetime Registration for Some

Arizona lawmakers weigh elimination of lifetime sex offender registration for some State lawmakers are weighing whether to give judges more leeway to eliminate the requirement that certain people register for life as sex offenders. As reported in this article By Howard Fischer Capitol Media ServicesMar 28, 2019 Updated Mar 29, 2019

GPS Tracking & Privacy

Click image to read article The Boston Globe Reports – “The government does not have an ‘unlimited’ ability to infringe upon a probationer’s still-existing, albeit diminished, expectations of privacy,’’ Justice Frank M. Gaziano wrote for the court. “GPS monitoring is not a minimally invasive search.” Mandatory GPS monitoring of some sex offenders violates privacy rights, SJC rules

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