6th Circuit Upholds Lifetime Registration
The Court of Appeals for the 6th Circuit reversed a lower court’s decision that found lifetime registration for sexual predators in Ohio unconstitutional. The Appellate court ruled that, “because Doe’s registration requirement stems from the determination of her likelihood of reoffending at the time of her classification hearing and is not dependent on her current dangerousness, she has no procedural due process right to a reclassification hearing. Further, the wisdom of Ohio’s decision to make the determination of a sexual offender’s future dangerousness permanent is not subject to a procedural due process challenge.”
In essence – the ruling says a person’s “dangerousness” can be determined at the time of their sentencing, with the person never entitled to challenge their present dangerousness. It doesn’t matter if decades pass without re-offending, it doesn’t matter if the person is in a coma. Once determined to be a predator – they will always be without any right to prove they have changed.
This is simply another ruling that goes contrary to scientific research (see: High Risk May Not Be High Risk Forever) and seeks to keep people on the registry in the name of “public safety” even if they can demonstrate they are no longer a risk to the public.
It’s time for the courts to wake up.
The order is below.
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Dec 23 jax fl news paper has a very important article here is the title serial sex offender gets soft treatment from the fed it is about us secretary of labor gets a few months in county jail work release no probation no sex registery all because he is or was at time government officials now people start finding back read article no victimin so they shouldn’t be on registery lets fight back people alot of people need second chances the sting need to stop government got a big slap in the hand look at bill crosby he gets what us government only got 13 months county time plus 12 hrs aday to work in his state office. Lets go people fight back now
The Constitution was written to protect our rights from the Government . What is ironic, we depend on the Government to tell us what the Constitution means to us and what freedom and justice we might be allowed to have. You can commit murder, do your time and be free, no registering. Be a sex offender and you are never really free for the rest of your life.
The sad thing is that the 6th Circuit probably ruled correctly here on the law. They were asked to determine if Ohio followed due process, and since Ohio’s legislature wrote the law that way, that becomes the definition of due process in that state. It has to be challenged as void because of the mistaken assumption that the offender is likely to re-offend, where there is no objective evidence to back that up. In fact, objective studies prove the opposite, that the offender is most likely to NOT re-offend.
Unfortunately, a panel of dumbass judges had taken society a step backwards in this case.
They absolutely must appeal to the Supreme Court.
The sad part about this case is that the trial judge sentenced her to lifetime registration by concluding that she is likely to re-offend in the future. Therefore, unless the recidivism rates for sex offenses are above 50% in Ohio, we must conclude that this judge has psychic powers. Judges are supposed to be objective, yet Ohio’s law apparently makes the judges’ determinations entirely subjective, without regard to what the recidivism studies actually show. It is not so much a problem of lack of due process. The real problem is that it is flawed due process which is not subject to objective review. Perhaps it would be better to challenge the entire provision from that angle instead.
Fight back after reading article on dec 23 2018 fl newspaper about state official getting off big time of sex offender come on people lets stick together this happen according to florida jacksonville news paper here in mami flirida lets go people lets get together and fight the sex crime stings. No victimin no registery yes keep an eye on the re offender most dangerouse one but not everyone needs to be on it fight fight back
There is a good question below, as to whether this is the end of it or whether it can be changed.
The Ohio state legislature can change it, the way that the California legislature already has. So can the legislatures of other states in that circuit, such as Michigan, or it may be moot in those states if they already have a reclassification process. And possibly the Supreme Court could take it up, in the event, say, of an eventual circuit split on the legal issue.
Michigan hasn’t changed anything as of yet…sure, we got a favorable ruling from the 6th and then a denial of Cert. from scotus but nothing has changed in a practical or useful way. The “negotiations” are still ongoing between the Aclu and legislators….