October 28, 2008
Interesting legal developments concerning sex offender regulations
Two interesting legal stories developed Monday concerning legal challenges to certain state sex offender laws:
- The story from Georgia concerns sex offender registries and is well covered by Sex Crimes in this post headlined "Georgia Supreme Court Rules that Registration Requirements Unconstitutionally Vague as Applied to Homeless."
- The story is from Missouri concerns a new law prohibiting sex offenders from "all Halloween-related contact with children" and is well covered by the New York Times in this article headlined "Judge Blocks Rules Limiting Sex Offenders on Halloween"
October 28, 2008 at 03:05 AM | Permalink
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Well the Georgia Supremes got this one right. The language of the statute would appear to criminalize one's lack of a fixed residence since "homeless" is not permitted to be entered in the registry. The lone dissent is interesting since he does have a valid point. If the State is unable to prove that one had an address but refused to provide it, he/she should not be convicted. In reality, the person would probably be convicted since most homeless persons don't have the resources to fight the system. The Georgia Sheriffs would target these individuals over and over knowing they are unable to defend themselves. It appears the Supreme Court realized this and did the right thing.
Posted by: Larry Neely | Oct 29, 2008 2:29:08 PM
If you are not able to help me,could you please refer me to someone. My son is in Coleman prison in Florida for a "sexual offender". He does not have any previous history of any kind of offenses. The FBI arrested him for viewing child porn on his computer.They found it on his harddrive. He had deleted it and of course had not done anything with it.He is 42 married w/a wonderful wife and 2 great children. Never has been charged w/ any crime in his life. My question is; Why does the law put all sex offenders in the same category??? He was given 2 1/2 yrs. but when he is released his family will suffer for his mistake and he has not hurt anyone and would NOT hurt anyone. The laws are so unfair,treating him like the real people who have hurt children. We the people are creating criminals out of decent people who stepped over the line out of the "curiosity that killed the cat"which this is exactly what happened w/my son. He was a happyly married man w/ 2 children and a great job,now he is a criminal with the very high chances of going back to prison because of the one mistake and the very stressful situation that he will be under. He and his family are going to live in HELL and there aren't any of us who can say we are perfect,only GOD. How do these terrible laws happen??? Who thinks these are the answers??? No wonder the world is in such sad shape and I pray to God every day to please take me home before all of this takes place. I do not think I will be able to sit and watch my son and his family fall completely apart, It has been hard enough to bear seeing him in prison Thanks to all our politicians ,who some are worse and more crooked than some of the criminals. Who is going to cast the first stone??? I thank you for reading this and if you could pls. help us or refer me I would appreciate it very much. There is no one will listen or help unless you have money or prestige. WELL, we have neither, but we are God fearing people and he will lead me and open doors Thank you and may God Bless you.Merry Christmas Sincerely Glenda Brantley
Posted by: Glenda Brantley | Dec 13, 2008 7:24:46 PM
I am just an individual with a grandson that is in a very similar situation.We live in a so called free society but in reality we live under a dictator ship.The only situation i can see for either your son or my grandson is to move to another country,otherwise neither will ever be free to live a normal life and i am sure you want that for your son the same as i want for my grandson..Australia is much like our country just on the other side of the world,you may consider asking your son to move there and start a new life for him self and family..Have a great day..
Posted by: Harrell Whitener | May 15, 2009 11:08:08 AM