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.”
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It’s all illegal all of it this is a bad world when the rich keep everyone down to create jobs on retroactive law that has no other purpose than to keep the courts fat. No different than the lotto they send you emails weekly entice you to waist your money when your chances are the same pulling 1 penny out of 7 semi trucks filled to the rim with them to win every email that goes out has no bearing on any real gain to anyone except them, they prey on the stupid, poor, mentally ill and down trodden they keep down and poor to keep employed. Then the cops arrest you on pot and the court give you 1 year probation, the probation offices do all they can to make you hang yourself and you can drive 8 hours and smoke as a US citizen for fun but here you become a piece of shit that can’t get a good job cause your a criminal with charges. This isn’t a good world and all the people I’ve been told were good are just as bad or lost as everyone else. The court is in the marring business too like who the fuck gave them the right to oversee a marriage to start with that should be all church, marriage is a church doctrine. Then they are in the sex business running stings in public parks known for gays sending in male detectives to entice gay men and arrest them when they are tricked by a cop that flirts with them and they ask for a blow job and they post then mens picture to ruin thier life and put them into dispair so they with sink low and be easy to bust again and convict again if they have no real representation which who represents SOs I’m taking about getting shit thrown out not a 2 year monitor deal they need todo away with the bargaining process it’s not justice most people’s taking deals when really they know it, the judge, the state and attorneys know they really have no grounds for it Lol this is all crazy no?
“The end does not justify the means, No one’s rights can be secured by the violation of the rights of others”.
Awesome decision! Go Alaska.
The weakness of the ruling can be clearly seen right in the Introduction:
” We conclude that ASORA’s registration requirements can constitutionally be applied to out-of-state offenders. We also conclude that ASORA violates due process, but its defect may be cured by
providing a procedure for offenders to establish their non-dangerousness.”
The plaintiff tried to claim that Alaska couldn’t even register offenders who move there from other states because the registry is punitive, as the Alaska Court ruled in a different case. However, here they state that it is also regulatory, so the state CAN add people to the registry who committed their crime in a different state.
In the end, this Court refused to invalidate Alaska’s registry law, and instead offers a solution requiring the man to spend more money on legal proceedings, with no assurance of success:
“The alternative we choose is to permit Doe to file a civil action in the
superior court in which he will be permitted to attempt to prove that he no longer poses a risk to the public that justifies continued registration.
129 If he prevails, he should be relieved of the requirements of registration. If he does not, he must comply with the Act. However, after a reasonable time, he may be permitted to file a new complaint, again seeking relief from the requirements of the Act based on a showing of changed circumstances.”
It’s better than no hearing at all, but it puts the burden of proof directly on the registrant. How does one prove absolutely that they are no longer a danger? At best, you can cite “true” recidivism statistics, but the court may conclude that even a slight chance of reoffending is sufficient to keep all registrants on the registry. It’s another decision where the litigant wins the case, but actually gets nothing.
He could prove that he no longer poses a risk to the public if, for example, he has been offense-free in the community for 10-15 years. Statistically, that would make him about the same risk level as the general public. And he may present additional mitigating factors that are known to make one low risk. He would just need to properly argue this, including a credible risk assessment. On this forum, we have cited the statistics ad nauseam. I doubt he would have to prove that his risk level is, say, even lower than your average law-abiding human being.
Another court saying the same thing. There is no due process and there is no individualized risk assessment. Which echos the Snyder case. Those very two components can threaten each state’s precious sex offender registry.
This was interesting from the court’s conclusion:
” If Doe can show at a hearing that he does not pose a risk
requiring registration, then there is no compelling reason requiring him to register ”
This really made me think a few things. How does one prove in a hearing that he is no longer a danger or better yet, was even a danger to begin with ?? I would think that burden should fall on the state ? Even so, Human nature is complicated. Anyone can be a danger at any given time. I don’t even think this issue should be judicial, because many offenders on the registry have already finished their sentence (no more judicial obligations once your sentence is completed) – and I’m assuming this person finished his. I still hold that once you finished your sentence, then you are free from anything just like a regular offender. The registry post sentence is stupid, and all of this should not be an issue to begin with. . . I hope after this, many registrants in Alaska overwhelmingly flood the courts with petitions for removal via risk assessment and due process violations.
If Alaska can challenge why can’t Florida?
We are