IN: Out-of-state registration requirement does not violate ex post facto
An Indiana appellate court has decided that requiring an individual with an out of state conviction who moves to Indiana to register as a sex offender, even when the registry didn’t exist in Indiana or in the state of conviction, does not violate Indiana’s Ex Post Facto constitutional prohibition.
The court analyzed whether the Legislature’s intent was to create a civil, non-punitive regulatory scheme, then considered seven factors to ascertain whether the registration requirement was so punitive as to transform it into a criminal penalty. They found that it was not.
You can read the opinion here: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=xPxjpsq5FraaH0Y9Mu5xmXGsYIxuEk9u0am-OIs0rrHSatATI_uIfqp_WNPc-1SY0
Progress requires compromise, victory requires sacrifice. We must stand strong, defiant, and braver than we have ever imagined!!!! Nothing in this country that was righteous and just ever happen by words. Four students had to day in Kent State before someone realized the Viet Nam War was a government motivated manipulation!!!!
Its very wrong. I already took a “Deal” for something I didnt do served time to avoid the Probation. In my case no Restitution No SO probation! No Regular Probation! Early release for so called good behavior and yet rhese ever changing Restrictions are like a lifetime Probation in regards to living and Travel. They continue to exceed anything that I was subject or told about in 2010 its keeps getting worse. When will it be over?
Im sure some Bizzare legal explanation exists! Can any legal experts on this forum provide some insight so us lay people can understand how and why the courts dont see any of thos as Punitive? What happened to if it walks like a duck acts like a duck its a duck! . Open and obvious: “both the condition and the risk are apparent to and would be recognized by a reasonable man . . . exercising ordinary perception, intelligence, and judgment.”
There is a song that describes this situation the best
“Blinded by the light”
It is not surprising to see this ‘legal gang’ exercise opinion to come to a legal conclusion rather than the Constitution. Why do you think politicians are so concerned with who is on the court? It is opinion that wins the day…not truth or facts.