Alaska court rules sex offender registration law violates due process
Alaska’s Supreme Court on Friday ruled that the state’s sex offender registry violated the due process rights of those convicted of sex crimes in other states, deeming it “too broad and arbitrary when it includes offenders who are not dangerous.”
The court wrote. “But ASORA is both too broad and arbitrary when it includes offenders who are not dangerous. Since they pose no special risk to the public, their protected liberty interests plainly outweigh any public safety interests that might be furthered by requiring them to register.”
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
So the upshot here is that registered people who move to Alaska will now have the opportunity to “prove” to a court that they are no longer a danger to society. Two questions come to mind: 1) Will there be some “standard of proof” or will it be arbitrary and up to the random whims of the judge? and 2) How much will it cost the largely under-employed/unemployed registered citizens to take their cases to court?
It will be up to the judge but need not be arbitrary or random so long as it is properly argued. Fortunately there already is plenty of precedent for arguing risk levels in court, as well as a wealth of recidivism statistics and risk assessment tools.
Well after reading the source article, I am left a little let down. Not a big a win as was hoping but baby steps. Maybe when I am 80 we can get some justice
Everytime I read something like this I wonder if we are ‘united states’ or if we are just a group of territories that join together for commercial purposes? How can something be unconstitutional in one state and not in all states. Alaska’s Supreme Court seems to have it right. To track for life someone who is not a threat to anyone while those most likely to commit or recommit crimes are left on their own just does not make sense. I received an extensive psychic evaluation prior to my release from probation eleven years early. The evaluator’s comment was that I was less likely to ever again commit a sex related offense than someone who had never committed such an offense. Yet I remain on Florida’s registry. I don’t let it bother me…I am retired and don’t need to go job hunting…but one who does is at a terrible disadvantage. I do not favor registries that are made public, but if they must be, let them be for law enforcement only and let them focus on all who are truly a threat. The current system is a ‘feel good’ system and serves no real purpose at all. Much time and money is wasted chasing ‘phantoms’.
Hope this can be used as a catalyst to move forward with cases for other states as well. Just takes one judge, court or jurisdiction to rule in our favor to be used as case evidence for our own justice.
Another case that can help the Ex Post Facto Challenge?
Where it all began. This follows their own ruling in 2008 that the ASORNA is punitive e and could not longer be retroactive. Now this ruling I think would force Alaska to hold hearings on each RSO that fought it?
It would certainly force the state to file responses to each motion.