En Banc Seventh Circuit Hears Challenge to Indiana Sex Offender Registry Law
A three-judge panel previously struck down the law, finding registry requirements for sex offenders moving to Indiana are unconstitutional.
Indiana argued before the full Seventh Circuit on Thursday that state law does not place unfair registration requirements on sex offenders moving to the Hoosier State.
At issue is a provision of the Indiana Sex Offender Registry Act requiring people convicted of sex offenses who relocate to Indiana to register as sex offenders, even if the crime was committed before the law was passed. The plaintiffs are challenging its retroactive application.
The requirement creates a situation where an Indiana resident who was not required register as a sex offender would have to register if they moved out of state and then chose to move back because they had a past conviction.
In January, a split three-judge panel of the Seventh Circuit issued a ruling that upheld a lower court ruling and found that the registry requirement is unconstitutional because it creates two classes of citizens upon which it imposes a different set of rules.
“In January, a split three-judge panel of the Seventh Circuit issued a ruling that upheld a lower court ruling and found that the registry requirement is unconstitutional because it creates two classes of citizens upon which it imposes a different set of rules.”
I will be using this. If I had been released just a week before, I would have not had to register. So someone who commited 200000000 million sex offenses could get released a week before me and not have to register? But I had a illegal/consensual encounter and had to register for life a week later?
Again, as stated above “unconstitutional because it creates two classes of citizens upon which it imposes a different set of rules.”
I have been saying this all along. But it takes judge shopping to get anyone to listen. I had to do that with my appeal to get a judge whose head was not stuck in the sand and would only hear “Blah Blah blah, you’re a sex offender good bye!”
Sometimes you have to fight fire with fire.
Thank you for this post. Especially since it could be pertinent to my situation. I don’t live in Indiana but I was removed from the registry in one state over 13 yrs ago but am still required to register in the state I now live in even though the state I now live has ruled in their courts that the registry is punishment.
How will this ruling effect other states? How can the federal government implement rules , like a federal registry database and force states to comply in such a way that states are forced to break there own state laws and constitutions?
Keep us updated.
Another case where they are arguing over details and what if scenarios regarding registration/classification about a specific situation (people moving to Indiana) and wasting/spending years going back and forth on an issue that would be moot if just one question were answered: is it PUNISHMENT?? It is punishment, it’s punishment for all of us, it’s obvious it’s punishment we just need judges to start saying it. When that happens and everyone is clear that yes, being a labled a sex offender by the State has a mulitude of punitive effects REGARDLESS of the State’s intentions, that everyone who has a say on this issue agrees it is punishment, then it’s game over. Everyone gets to have the law apply to them according to WHEN THEY WERE SENTENCED. That’s what needs to happen in this case and with every other case including ours, going on in the courts. When judges start being forced to answer this question a domino effect with ensue so that judges, like those in Miami, who continue to call the sky purple when everyone else looks up and see blue, will look like idiots. I don’t care about your charge in 19 whenever and when you moved there the judge said this and your case was about that and you need a judge to say it’s not and your situation is special and so you’re going to court – STOP WASTING everyone’s time and get the judge to say it’s punishment – then we ALL win. But you have to present the case so that they answer the question. If you don’t ask and keep talking about other stuff they won’t answer!
thanks for letting me vent/rant/share. i appreciate it.
I know we are generally supportive of these sorts of efforts. I just want to personally say, these cunts do not deserve any kudos. We are patently dismissed when it comes to human rights. These assholes that determine our fates are somewhat human, except that their human rights haven’t been thrown away. Fcuk you,k you’re no more or less human than I am.
Glenn
If you and me are sitting in some chairs looking at a blue wall and I say “How do you like the grey wall I painted?”. You would say, “Jack, that wall is blue”. Well my friend, I see it as grey.
My point is, we all know the registry is punishment, especially for those of us that got it applied well after we had been sentenced. The fact of the matter is, the judges, courts etc get the final say. So,they keep adding on more and more “Non punishment”, punishments.
Our hope is, one day a person with great authority will have a heart and rule with the truth, that we are being punished. Many of us are not getting any younger, and personally, I would like to salvage some of the freedom I have left to enjoy life. I did my time, I did my sentence and more, like many have.
The fact they can violate us for non compliance of the registry is the fact that it is punishment. We are basically on probation for life even though that is not what the judge who sentenced us said. There was no registry when I was sentence and I would not have agreed to shit if that had been on the table at the time.
You are right cherokeejack much of this registry is unadultrated punishment in many ways and means. Guess one could ssay were is Christian understanding in much of this government hi-jinks. Much of this even goes against the grain of biblical understanding. Oh yes I have had offenses in my lifetime such as drunk driving or getting caught with a little pot that I hear they are gonna legalize today.
This registry is a bit much and if courts rule it unconstitutional in Indiana than even government should know this doesn’t help America as a whole.
Actually Cherokeejack this article is good that Florida Action Committee presents in this registry as yes it is unconstitution and all that are faced with this in America should understand or “why” do they (law enforcments) want one to take plea deals or a plea deal? Doesn’t it say in the bible all have sinned and have came short or are we all guilty and that would included authorities.
Sure we can all go with a bit of bible theology and true understanding. While some have went to prison with this ordeal and are banned for life in many ways with discrimination or what , that is not the way. And yes “We the people” have to stand up. Many have to look at the bright side to every coin. Jesus didn’t come to save the righteous but sinners and yes even Paul said he was the Chief.
Even Pilot said “What is truth” why did he do that? Sure these laws are upsetting to all Americans that happen to get caught up in this web of deceit for many across the USA. Why do you think this virus is here. Their is a reason for all season. And yes I myself as many more do hate to see someone go to prison or jail over much of ths ordeal. So where is ethics today in government or for that matter truth?
Well acccusations such as this sure dont help our cause. Was on news today
https://www.msn.com/en-us/news/crime/osceola-middle-school-dean-accused-of-molesting-13-year-old-on-school-property/ar-AAKrTip?ocid=msedgdhp
Saddles , appreciated your comment even though I didn’t 100% agree with its application. Pilot made that statement what is truth because Romans were known for there philosophies about everything. One opinion over another and back and forth. So here was Jesus saying one thing and the Jewish leaders saying something different. Pilot made that comment so as to say nobody knows what truth is , So in effect there is no truth.
I agree we can apply that today. Politicians make laws. In so they say this is the way it’s supposed to be so it is “truth” . Another politician in another state makes a law and says no this is “truth”. But than they have to change the laws from time to time because opinions change. Than the masses get caught up in the struggle and are punished. Many taking sides with either this one or that one. Making the law even more complicated and more punishable in order to prove their point. Things that were not wrong decades ago are now punishable as a crime. Things that used to be a crime are not anymore. Does that mean our society is getting better? Look at the results. If so I can’t see it. It just means some people’s opinions are being forced on those that may not share There thoughts.
The rules that come from a higher source than man are truth because they don’t discriminate or cause oppression but rather justice and peace. People in general can’t seem to be satisfied with that and have to keep going further with their own agendas .
An example. Decades ago I knew of a 30 something man who got a divorce. After that he met a 14 yr. old girl. She was from a physically abusive home with alcohol parents. The two started living together . A neighbor found out about it and called the police. The police came by and just told the man he could get in trouble for that , and left it at that. The two were in love and so got married to make it legal. Both the man and the young lady were happier for it and lived many years Happily married. True story , that will never happen in today’s world.
Many laws may have good intentions but by not taking into consideration circumstances they cause more harm than good. Today’s laws on the registry and the thousands of laws that are encompassed with it is an excellent example.
The report below of the school dean accused of molestation won’t hurt our cause. In fact, it’s a reminder that school banishment zones, and SO registries generally, provide only a false sense of security.
It’s the 13-year-old who’s hurt here, and their family, but not registrants’ families.
Article is a good reminder.