Pennsylvania Supreme Court Ruling Could Cut Thousands From Sex Offender Registry
The Pennsylvania Supreme Court ruled Wednesday that adding someone to the state’s sex offender registry is a punishment, and therefore cannot be done retroactively.
The case, Pennsylvania v. Muniz, pertained to the Sex Offender Registration and Notification Act (SORNA), which went into effect in Pennsylvania in 2012. Previous sex offense law required certain offenders to register for the list for only 10 years after their conviction. SORNA, however, required many of those same offenders to register for life. As a result, thousands of offenders that had served their 10-year registration requirements were retroactively required to register again.
Pennsylvania argued that being added to the sex offender registry was not a punitive measure and therefore had no conflict with in the United States and Pennsylvania constitutions prohibiting retroactive punishments. The court disagreed.
“SORNA’s registration and online publication provisions place a unique burden on the right to reputation, which is particularly protected in Pennsylvania,” the court opinion read.
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Retroactive laws similar to SORNA have been struck down in Ohio, Indiana and Maryland.
I may be missing something, but I’m really hoping all these state decisions lead to one of the states missing out on SORNA funds and one of the *states* suing the feds about having to abide by an unconstitutional law in order to get their money.
Wouldn’t that be something.
Though I do get the feeling that my understanding of that mechanic isn’t quite 100%
I would like to see this happen in Florida.
I agree this should be in Florida as well!! They place ALL offenders in the same category regardless of what level they were convicted of. Majority of Northern states have a tier system and it works! In Florida they are very fast with placing an offender on internet/FDLE but very slow (upto a year) to omit an offender’s information from ALL internet sites!! So, that they can possibly have their life back again and NOT be judged by ignorant neighbors etc..!!
SORNA is a joke & should have never been a thought! We should have one made for Murderers (MORNA) – just a thought! I’m sure most citizens would like to know if they reside near a convicted murderer?!
http://cumberlink.com/news/local/crime-and-courts/cumberland-county-da-freed-to-request-u-s-supreme-court/article_306cb141-901f-5f8e-a48c-19e13c2ad80f.html
Will the Supreme Court even take the state of Pennsylvania’s case? If they do it could really change all registries in all 50 states. Also there is the famous author of the psychology piece saying his article was wrong, WOW!!!
Thanks for the article, Susan. Always appreciate links like that.
Longo’s been saying that for quite a while now. Unfortunately, it’s not exactly what people want to hear. All those pesky facts getting in the way of perfectly good opinions…..
Scott, Someone needs (lawyer) to get him to file a brief for the court, then appeals courts and Supreme Court will take notice. maybe…