That Old Chesnut - Live On It, For One Year - Then We Will See What You Decide

5/30/2013

N.Y. sex offender law not punitive: appeals court

"NEW YORK - The state's sex offender registration law is remedial, not punitive, and therefore does not violate the U.S. Constitution's ex post facto clause or double jeopardy when applied retroactively, a New York state appeals court ruled on Thursday.

The Appellate Division, First Department, said the 1996 Sex Offender Registration Act, or SORA, is not a punitive statute, even though several amendments have imposed stricter registration and notification requirements.

"It may be true that subjecting sex offenders to lifetime registration and notification requirements ... increases the difficulties and embarrassment [sic] a sex offender may endure," wrote Justice Richard Andrias for a unanimous four-judge panel. "However ... the fact that the restrictions are difficult and cumbersome [sic] is not enough to make them unconstitutional."

"Andrias cited a 1997 2nd U.S. Circuit Court of Appeals decision, Doe v. Pataki, that found SORA does not violate the ex post facto clause when applied retroactively because the law was intended to protect the public [how?] and enhance law enforcement's ability to investigate future sex crimes [pre-crimes], not to punish convicted offenders. [a death penalty, for some]"

http://newsandinsight.thomsonreuters.com/Legal/News/2013/05_-_May/N_Y__sex_offender_law_not_punitive__appeals_court/

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2003

Sex Offender Registration Ruled Not Punitive

http://www.silha.umn.edu/news/winter2003.php?entry=202923

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