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...

CONFINED AND COSTLY

How Supervision Violations Are Filling Prisons and Burdening Budgets Human Rights means NOT Confined! The Council of State Governments Justice Center graphical representation on how prison populations are filling up due to supervision violations. Probation and parole are designed to lower prison populations and help people succeed in the community. New data show they are having the opposite effect. Until now, national data regarding the impact of probation...

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...

Warning — Failure to Register

Failure to register indictments in Missouri In this Callaway County, Missouri Fulton Sun news article, 8 registered citizens were indicted on Failure to Register violations. Never mind the upheaval, the additional shame, the cost – monetary and emotional, – the lost time to work and be with family, and so on, please mark your calendars or your calendar apps when you need to appear under Nevada's new Adam...

No Where To Go!

Urgent Need For Sex Offender Law Reform A new report by The Fortune Society and many advocates urges much need reform of current laws and restrictions placed upon sex offenders. Registration laws for those convicted of sex-related offenses, and more specifically the housing restrictions that impact these individuals, are counterproductive. The registries ensnare the wrong people. Over-broad housing restrictions make communities less safe while fostering a false sense...

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.

THE POWER OF PROSECUTORS

New York University Law Review Article One of the predominant themes in the criminal justice literature is that prosecutors dominate the justice system. Over seventy-five years ago, Attorney General Robert Jackson famously proclaimed that the “prosecutor has more control over life, liberty, and reputation than any other person in America.” In one of the most cited law review articles of all time, Bill Stuntz added that prosecutors—not legislators,...

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...

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