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Registration, Tracking of Sex Offenders Drives Mass Incarceration Numbers and Costs by Rick Anderson by Rick Anderson The September 1988 rape and murder of 29-year-old Diane Ballasiotes in Seattle, Washington, followed by the 1989 rape and sexual mutilation of a 7-year-old Tacoma boy, were the seedlings of today’s nationwide sex ...
Article • May 5, 2017 • from PLN May, 2017
Vigilantes Assault, Rob and Murder Registered Sex Offenders by Matthew Clarke by Matt Clarke As repeatedly reported in Prison Legal News, for over a decade registered sex offenders have been targeted by vigilantes and assaulted, robbed and murdered due to their past crimes. And as noted in this issue’s cover ...
Article • April 13, 2017
Study: Public Misperceptions About Sex Offenders Skew Policy-Making by Lonnie Burton by Lonnie Burton Public opinion toward crime is complex. Research shows that Americans strongly favor punitive measures to address criminal behavior while also demanding the rehabilitation and treatment of offenders. When it comes to sex offenses, it gets even ...
Article • March 10, 2017 • from PLN March, 2017
New Jersey Appellate Court Modifies Use of Polygraphs for Paroled Sex Offenders by On January 21, 2016, a New Jersey appellate court upheld the State Parole Board’s requirement that sex offenders take polygraph examinations but modified how the results could be used, prohibiting evidentiary use that could result in the ...
The Man Arrested for Praising Jesus by Andrew Cohen Lester Packingham’s Facebook post is headed for the Supreme Court By Andrew Cohen, The Marshall Project In “Case in Point,” Andrew Cohen examines a single case or character that sheds light on the criminal justice system. An audio version of Case in ...
Florida’s Civil Commitment Center a “Living Death Sentence” by David Reutter According to state officials, the Florida Civil Commitment Center (FCCC), which holds up to 720 residents billed as the worst sexual predators in the state, is necessary to ensure public safety. For Correct Care Recovery Solutions, a spin-off company ...
Article • February 8, 2017 • from PLN February, 2017
Fifth Circuit Holds Supervised Release Condition Restricting Dating Improper by On December 17, 2015, the Fifth Circuit Court of Appeals held that a blanket supervised release condition prohibiting a former prisoner from dating any adult with minor children was improper because it was not supported by a factual finding or ...
Article • November 15, 2016
Utah's Sex Offender Population Filling Up Prisons by Christopher Zoukis The State of Utah is starting to feel the strain from harsh sentencing laws targeting sex offenders that it passed in recent years. While most states are enjoying a decline in prison populations in the last decade, Utah's counts are ...
Challenge to Sex Offender Passport Identifier Dismissed by California Federal Court by Christopher Zoukis A challenge to the newly passed "International Megan's Law" has been tossed out of court by Judge Phyllis J. Hamilton of the United States District Court for the Northern District of California. The plaintiffs alleged that ...
Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate by Mark Wilson The Oregon Court of Appeals held on June 17, 2015 that a true life sentence for “an incorrigible masturbator” was an unconstitutionally disproportionate punishment – a decision subsequently upheld by the state Supreme Court. Under ORS 137.719(1), certain recidivist sex ...
Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful by In reversing an Illinois federal district court’s dismissal of a civilly committed sex offender’s civil rights action, the Seventh Circuit Court of Appeals did not mince words when condemning the lower court’s use of a merit review proceeding as ...
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender ...
Texas Court of Criminal Appeals Upholds Conviction for Contacting Victim by Lonnie Burton On April 27, 2016, the Texas Court of Criminal Appeals upheld the conviction of a Texas state prisoner for Improper Contact with a Victim. David Schlittler was convicted of aggravated sexual assault of his five-year-old stepdaughter. He ...
Ninth Circuit Finds Arizona's Sex Offender Registration Law Not Ex Post Facto Violation by Matthew Clarke On September 2, 2016, a three-judge panel of the Ninth Circuit U.S. Court of Appeals found that Arizona's sex offender registration law may be constitutionally applied to persons who committed their offense prior to ...
First Unconditional Release from Minnesota’s Sex Offender Program by U.S. District Court Judge Donovan Frank ruled in June 2015 that the Minnesota Sex Offender Program (MSOP) was unconstitutional for indefinitely confining offenders who had completed their prison terms. In August 2016, a state Supreme Court panel ordered sex offender Eric ...
Appeals Court Strikes Down Stringent Sex-Offender Probation Conditions by Derek Gilna Charles Murray was sentenced to 95 months' imprisonment after he pleaded guilty to possession of child pornography, and as part of that sentence was required to fulfill "various special conditions of supervised release that, for example, require(d) him to ...
Article • September 9, 2016
4th Circuit Overturns Dismissal of Adam Walsh Civil Commitment Case by Derek Gilna The 4th Circuit Court of Appeals has reversed the dismissal of the Adam Walsh case against Walter Wooden, finding that the application of that Act to the defendant did not violate the Due Process and Equal Protection ...
9th Circuit: "Adam Walsh" Detention Doesn't toll Supervised Release Term by Derek Gilna The 9th Circuit has ruled that the period of time spent in civil confinement under the Adam Walsh Act did not constitute "imprisonment" and that a defendant's period of supervised release continues to run during that time. ...
Article • September 8, 2016
4th Circuit Affirms Dismissal of "Adam-Walsh" Prosecution of Sean Robert Francis by Sean Robert Francis, whose "Adam-Walsh" civil commitment proceedings were the subject of a recent Prison Legal News cover story, has won yet another legal victory. Francis had previously prevailed in a district court action wherein the judge ruled ...
Sex Offender Registration Requirement of Louisiana Crimes Against Nature by Solicitation Statute Unconstitutional by Matthew Clarke On March 29, 2012, a Louisiana federal court held that the sex offender registration requirement of the Louisiana Crimes Against Nature by Solicitation (CANS) statute, La.R.S. 14:89(B), was an unconstitutional violation of the Equal ...
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