11th Circuit tackles sex offender residency ban

On Tuesday, the 11th Circuit grappledBruce Henry’s 14th Amendment challenge to Alabama’s residency restriction barring certain sex offenders from living with minors, including their own children. Henry, a Tuscaloosa County resident, pleaded guilty in 2013 to federal child pornography possession and served 18 months in prison, completed sex offender treatment and has had no further offenses. In 2021, after marrying

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The Doctrine of Finality

A few days ago, we put up a post that revisited Ex Post Facto in light of the recent Supreme Court Decision in Ellingburg v. United States. The essence of Justice Thomas’ concurring opinion was that if it walks like a duck…, if it quacks like a duck…, it doesn’t matter if you want to call it a chicken… it’s

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Does the Ellingburg decision open the door to revisiting Ex Post Facto as it relates to sex offender laws?

The Supreme Court’s decision in Holsey Ellingburg v. United States (No. 24-482) should reopen a long-overdue conversation about the constitutional foundations of modern sex offender laws. In Ellingburg, the Court made clear that labels do not control constitutional analysis: when a legal consequence operates like punishment, is imposed as part of a criminal judgment, enforced through the criminal justice system,

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Supervision Polygraphs – you can’t be compelled to incriminate yourself.

A recent federal court decision in United States v. McDonald, (Dist. N. Mex, January 6, 2016) delivers an important reminder to people on probation or supervised release: you do not lose your Fifth Amendment rights just because you are in sex offense treatment or required to take polygraph exams! The court upheld the general requirement that Mr. McDonald participate in

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