CO: Federal Court Finds Registry “Cruel and Unusual”
A HUGE win out of Colorado, where a Federal Judge declared the Sex Offender Registry to be “cruel and unusual” punishment.
In his ruling, which can be read HERE, he opined that the sex offender registry gives the public the “power to inflict punishments beyond those imposed through the court.”
What is also significant from the Judge’s opinion is that the registry not only impacts the registrant in a cruel and unusual way, but their family too. He wrote, “registered sex offenders and their families and friends face a known, real, and serious threat of retaliation, violence, ostracism, shaming, and other unfair and irrational treatment from the public, directly resulting from their status as registered sex offenders, and regardless of any threat to public safety based on an objective determination oftheir specific offenses, circumstances, and personal attributes.”
Praying this is another nail in the coffin of SORA. Will this ruling apply to folks whose crimes pre-date SORA, or is it specific to these particular defendants only?
Congrats to those whose rights are restored!
Just to the 3 individuals who filed suit. It challenged the constitutionality of the statues as applied to the defendants, not a facial challenge which would have been a much harder case.
Thanks Anon. Every time I read one of these rulings I hope that it is the foundation ruling that will relieve us all. My ignorance of the complexity of our legal system astounds me at times. Thanks for clearing this particular matter up for me.
Wow! What an amazing ruling by a courageous Federal judge. He even linked it to SCOTUS by citing Justice Kennedy. How we have long waited for a ruling like this. Let the opposing forces appeal it. That would only help us even further. This may very well be the beginning of the collapse of the punitive and unconstitutional sex offender laws – particularly the registry itself.
One thing is for certain, it’s going to be an interesting 2017-2018 with Federal judicial sessions pertaining to these matters.
This is by far the best opinion I have read by any Federal judge having to do with sex offenses. This man attacked everything that is evil and wrong to human rights and spared no punches. If you read it carefully, we can actually use a lot of what he said, cited and referenced in our favor here in Florida with the cases we have pending. From social internet identifers to residency restrictions to even the registry itself. What a beautifully written opinion by a Federal justice championing constitutional rights with empirical evidence and just doing what’s right. Plain and simple.
This is wonderful news! I am the wife of a registered sex offender and I have been fighting tooth and nail to get him off. His “victim” pursued him while he was a homeless veteran just back from his third deployment. The courts have the nerve to call this sexually active teenager vulnerable.
What kills me is that teenagers can change their sex without parent consent, but cannot have sex without the consent. It is age discrimination. Laws have got to change!
I am the husband of a registered sex offender who was also pursued by a sexually active 17 yr old who in my opinion prayed upon her emotional vulnerability . These laws are absurd and help no one !
I’m with you. My husband was a homeless veteran when his “victim” pursued him. He was diagnosed with PTSD shortly after the incident, but they are calling her the vulnerable one!
I can relate to your wifes state of mind. They don’t care how it happened just that it did. and since I was the adult according to fl state, I was charged.
What’s upsetting is teens are allowed to drive but not take responsibility for there sex life.
Justice is blind but when justice deliberately turns a blind eye, it is no longer justice.
I just hope the Colorado Attorney General does appeal this decision, because once he loses on appeal, it will set a Precedence for all court decisions. And we need that now more than ever.
Question of law:
The opinion states this is for the district of Colorado. What does that mean?
Is there a Federal appellate court above this, or where would this be appealed to? Where does it sit in the court hierarchy?
To which courts and jurisdictions is this ruling binding?
I believe this would set precedent, whether binding or not, for at least consideration in other cases, for all courts throughout the nation, right?
This is for Colorado, they have one District (whereas Florida has the Southern, Middle and Northern).
That court covers Colorado only.
If it’s appealed, it goes to the 10th Circuit court of appeals. The 10th Circuit covers; the District of Colorado, the District of Kansas, the District of New Mexico, the Eastern District of Oklahoma, the Northern District of Oklahoma, the Western District of Oklahoma, the District of Utah and the District of Wyoming.
If THAT is appealed, it goes to the Supreme Court of the United States, which if heard, covers the entire US.
Great explanation. Thanks for that FAC. Thanks for all your expertise expended in defense of our Constitution.
Makes my heart sing!
Wish the 5th district to learn to be judges, they are elected so u know what that means