TN: lawmakers discuss changes to keep the state’s sex offender registry from being struck down
Tennessee lawmakers are in a rush to make changes to the state’s sex offender registry to avoid parts of it being deemed unconstitutional. This comes after a federal judge in Michigan removed thousands of people from that state’s list — and as 30 virtually identical lawsuits are pending against the state of Tennessee.
The majority of those lawsuits allege that amendments made to the sex offender registry shouldn’t apply retroactively. It’s the same issue that has Michigan lawmakers scrambling to create a new registry. Tennessee legislators held a meeting in Nashville on Wednesday to explore how they could get ahead of the issue here.
News alert…Judge Cleland did NOT remove thousands of us from the Michigan registry.
The issue is making laws retroactive, more commonly referred to as Ex Post Facto. While the US and most State Constitutions bar ex post facto law, the US Supreme Court over a hundred years ago managed screw up yet another case and came to the conclusion ex post factor did not apply to civil law. Prior to that ruling, it applied to both criminal and civil law. Maybe one day some brilliant lawyer will take on an ex post facto case the US Supreme Court will choose to hear and overturn the earlier decision, since most lawyers disagree with the original ruling.
The easiest thing the State of Tennessee could do is change the law to say no one convicted prior to the Registry is subject to it and the rest are only subject to the law as written at the time the crime was committed. But that would be to easy and make sense, so I am positive that will not happen.
Finally, all 50 states should be required by Federal Law or US Supreme Court ruling to have a SOR system whereby registrants can be removed in a reasonable time, based on the type and number of crimes committed. 5/15/life for offenders and 15/life for predators would be a good starting place.
It all helps of course, but too bad we’re not in the same Federal Judicial Circuit as Michigan and Tenn..
But… any movement in the right direction anywhere in the USA gives me hope.
Oremus.
Sun Kid, I frequently end my posts with the word “veritas.” I think your use of “oremus” may be more appropriate since truth seems to be lost on many in power. At least I got a chuckle out of this.
Veritas.
ALL sorn laws are blatently unconstitutional; for they rely on the false premiss that SOs pose an increased risk of recidivism.
This demonstrably-false premiss is the basis for their “compelling state interest” argument.
It is, in fact, Hogwash! (They have no basis for violating our constitutional rights!)
I certainly have noticed. “Veritas” is a nice way to sign off your contributions here because it’s a fitting exhortation to seek truth, which unfortunately is drowned out by political pandering.
We need both truth and prayers, don’t we?
Oremus indeed.
The statement in the source material, states that judges may end up with deciding who stays and who’s off any new registration law in Tennessee. I wonder if that would be an appealable decision?
Meanwhile, we have several cases in Florida and the 11th Circuit Court of Appeals against the Floida registry. It seems some states are realizing the errors of their ways….just not Florida.