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August 19, 2014

Washington appeals court strikes down sign-holding shaming sanction as statutorily unauthorized

Regular readers know I am always intrigued by novel punishments, especially in the form of shaming sanctions.  Consequently, I was pleased when a helpful reader altered me to a notable new Washington appellate court opinion striking down a notable shaming sanction.  Here is how the short opinion in Washington v. Button, No. 44036-9-II (Wash. App. Div. II Aug. 18, 2014) (available here), gets started:

Charlotte Ann Button appeals a sentence condition requiring her to stand on a street corner holding a sign stating, "I stole from kids. Charlotte Button."  Button contends that the trial court lacked authority to impose this condition and that it violated her rights under the First and Eighth Amendments of the United States Constitution. Because there is no statutory authority for the sign-holding condition, we need not reach Button' s constitutional challenges, and we remand for the trial court to strike the sign-holding condition from her judgment and sentence.

August 19, 2014 at 07:23 PM | Permalink

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Comments

"Shaming" is what the sex offender registry is all about. Why is Ms. Button's First and Eighth Amendments rights protected and the sex offenders are not?????

When you take it apart, SORNA does the exact same thing.

Odd. Maybe it's prejudice that enforces the Adam Walsh Act. Ya Think????

Posted by: Book38 | Aug 20, 2014 7:35:32 PM

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