Can Smith v. Doe be overturned?
in 2003, the Supreme Court of the United States dealt us a very bad hand. The Court’s decision in Smith v. Doe, has been the foundation upon which States (and even the federal government itself) have been able to pile on additional requirements and restraints, under the premise that “the registry” is not punishment.
A lot has happened since 2003. First, a ton of research has come out disproving the “frightening and high” myth that the Court relied on at that time. And second, this “pile” of additional requirements and restraints has created what is now being referred to as “second generation” sex offender laws – a registry that has very little resemblance to the registry that existed 15 years ago when Smith v. Doe was decided.
A wave of court cases have been making their way to the Supreme Court lately, some (like Does v. Snyder) haven’t made it through the gate but others (mostly dealing with narrow issues – such as Nichols, Packingham and Gundy) have been heard. More are making their way up the ladder.
Which has prompted several to ask whether it’s even possible to overturn a Supreme Court decision.
Ordinarily the doctrine of Stare Decisis dictates that rules or principles set out in previous judicial decisions apply as precedent. An appellate court can overturn a trial court and a supreme court can overturn an appellate court. But with the SCOTUS being the most supreme court in the land, who can overturn the Supreme Court? The answer is… itself.
In 1896, The Supreme Court of the United States upheld the doctrine of “separate but equal” in Plessy v. Ferguson. It took a long time (too long) for the court to overturn that decision. In 1954’s Brown v. Board of Education of Topeka, they ruled that schools segregated by race were unconstitutional.
It is possible to overturn Smith v. Doe. We just need to get that case before the Supreme Court!
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There is another method for Smith versus Doe to be overturned and that is to file a Petition for WRIT of ERROR CORAM NOBIS the logic and methodology for filing this was discussed in an article on SOSEN in June of 2015 http://sosen.org/blog/2015/06/17/time-to-file-a-petition-for-writ-of-error-coram-nobis-in-smith-v-doe.html basically when the court is lied to or given false information. Writ of error can be file forcing the court to re-examine their decision and as pointed out in the article Chief Justice John Roberts would have to exclude himself since he is the one that brought the false information to the court as the solicitor general. There is also the fact that there was a study done as is mentioned in the article in the 1960s that tracked offenders for 15 years with an overall re-offense rate of 2/10 of one percent in any given year, this was a qualified and bona fide study that was included in the Furby Weinraub and Blackshaw analysis of treatment programs in the 1980s quite obviously this along with other information prior to Smith versus Doe shows that there was no high re-offense rate
You can’t “force” the US Supreme Court to do anything. If you could, it would have already happened. The Justices already know what the true recidivism rates are. They are all lawyers. They know how to argue points to suit their desired outcome. Recusal is an individual decision that Justice Roberts would be unlikely to make. They aren’t going to rehash an old decision. The only way it will be overturned is if a newly brought case is decided that makes it necessary to overturn precedent.
from ACSOL
⭐⭐⭐ This Registry-related case has been distributed to the SCOTUS Justices for consideration at the November 30, 2018 conference:
http://www.scotusblog.com/case-files/cases/boyd-v-washington/
Boyd v. Washington argues
that registration is punishment when applied retroactively. (Of course, we know that registration is ALWAYS punishment!) Let’s hope SCOTUS decides to “grant it certiorari” (accept it for hearing). 🤞
In Alleyne v. United States, 570 U.S. ___ (2013), the Supreme Court overturned Harris v. United States, 536 U. S. 545, because they found it unconstitutional for a sentencing judge to determine a minimum sentence by using facts other than what the jury found, or the defendant pleaded to. Big case as applied to Michigan. In my case, I got a 12 year minimum sentence. If my judge had only considered the facts in the indictment that I pleaded guilty to, my minimum would have been 3 years. The ruling was too late to help me, but they do overturn precedent from time to time.
thanks this is a great case
Personally, I like to be cautiously optimistic. Yes, all the data is there for SCOTUS to reverse Smith v. Doe. There are tons of studies showing how “frightening and high” was wrong, ineffectiveness of the registry and its restrictions, ex post facto issues, and so on.
Pretty sure also that the government will have a hard time countering that data. I’ve watched a handful of debates and see that the pro-registry side’s argument is almost entirely complaining about the horrors of sex crime in general, a handful of high profile cases, and screaming “for the children!” Noticeably absent is any stats or studies showing the effectiveness of the registry or associated restrictions.
On the other hand, there’s so much money involved in the registry now, I don’t think SCOTUS ever will strike it in its entirety, as they should.
This is exactly the point them stating the horrific cases and linking 26k men ever ready todo the same thing providing there is no registry is a mockery of power and damaging beyond repair to our family’s. Perhaps the crime should fit the punishment. Is this why like DUI is a misdemeanor until someone is killed? 10,000 killed to keep the courts fat? How is a years probation gonna prevent a guy from traveling to get sex from a 14 year old that is a loner and will travel anywhere to get anything? This is a joke.
It just boggles my mind that you guys keep relying on this totally biased court system to keep hope alive that they’ll actually make things easier for us. It’ll take years if not decades and all the while we’ll still be forced to suffer under the brutal ever changing laws they pile on against us. Screw the court system and just live you life and do whatever the hell you want. We will never get total relief of our situation no matter how much we yell and scream. Ever.
MJ – as you’re typing your comment. Recall the Internet Identifier challenge that provided the freedom to type it.
Nobody is giving up. We’re digging in and fighting harder.
In answer to your question, can Smith v Doe be overturned? NOT IN OUR LIFETIMES!
What has changed with the identifier? We still have to report identifiers. How is that any kind of victory? It’s more confusing than ever and nobody has re-written what’s on the Floriduh books in 943.0435 and 775.21. If the local yocals violate us, who has the money for a court battle to show them they’re wrong? Because that’s what it takes. The legislature continues to pass laws they know are unconstitutional. They also know 99% of us don’t have the money to fight them.
On the face, if the Court relies on evidence, it seems to be a no-brainer to overturn Smith v. Doe but given some of the recent decisions in our favor that still allude to the high recidivism rates, it may be a distant dream. That said, if we do have a chance to at lease erode Smith v. Doe, Bethea v. North Carolina (if granted Cert.), stands the best chance.