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Onerous Burdens of Sex Offender Registration Are Not Punishment, the 10th Circuit Rules.
Online sex offender registries, which all 50 states maintain as a condition of federal funding, stigmatize the people listed in them long after they have completed their sentences, creating obstacles to housing and employment while exposing registrants to public humiliation, ostracism, threats, and violence. Three years ago, a federal judge ruled that such consequences amounted to cruel and unusual punishment of three men who challenged their treatment under Colorado’s Sex Offender Registration Act. Last week a federal appeals court overturned that decision, saying the burdens imposed by registration do not even qualify as punishment, making the Eighth Amendment irrelevant.
While that conclusion might seem counterintuitive, it comports with the U.S. Supreme Court’s understanding of sex offender registration, which it views as civil rather than punitive. Even though there is no evidence that publishing information about people convicted of sex offenses protects public safety, that is what legislators claim they are trying to do. And since their goal is prevention rather than retribution, the U.S. Court of Appeals for the 10th Circuit ruled, any harm inflicted by this policy is incidental.
REASON
– Jacob SullumFederal SORNA imposes independent registration obligations on Plaintiff irrespective of state law Arnold, MO, Thursday, September 17, 2020
In this trying time we want to reiterate a few things for our registrants and families. We don't want there to be any confusion or penalties concerning registry requirements during the Coronavirus Pandemic.
Make sure you know current requirements. You can go to your Sheriff's Office website to see if there is new information there. If so, we suggest you do a screen print and save it. Call your registry office to get clarification on any questions you might have. Document the date, time, who you spoke with and their instructions regarding any address change, vehicle, employment, travel dates if required, etc.
Keep in mind if you are required to update your drivers license annually through the Department of Motor Vehicles (DMV) you should contact them for their status. Some are limiting the number of people allowed inside and you have to wait to receive a call from them and then come back inside. Document any instructions.
Be safe, be smart, stay healthy and know we will get through this.All information is confidential and we do not distribute any data whatsoever.
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