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.”
Wish the 5th district to learn to be judges, they are elected so u know what that means
Makes my heart sing!
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.