PA: HUGE WIN!!! – SORNA Declared Unconstitutional
YES, you read that correctly. A Pennsylvania Trial Court has declared SORNA Unconstitutional.
The court wrote, “we find that SORNA is unconstitutional as a legislative scheme in both its use of a constitutionally infirm irrebuttable presumption and the punitive effects of its registration and notification provisions, as well as in its application to this Defendant, who has a strong support structure, is educated, is working, is an excellent candidate for rehabilitation, and is highly unlikely to reoffend”
The Court also found that “based on the evidence of scientific and academic consensus presented, we find that SORN laws do not have the effect on recidivism and public safety anticipated by the Legislature, and that they are not rationally related to the purposes for which they were enacted.” This is one of the first cases (to our knowledge) where the scientific and academic studies have been considered and used in formulating the court’s decision.
PA Torsilieri SORNA Opinion 2022
A copy of the Order follows, and before you ask, NO, this is not binding on Florida.
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Have people here actually read the Pennsylvania Supreme Court ruling on this case? That supreme court DID vacate the trial court’s holding that their sex offender registry was unconditional, and remanded it back to the trial court for further fact finding. Scroll down to the conclusion of the decision. You can find it in PDF format at this page:
https://mitchellhamline.edu/sex-offense-litigation-policy/2020/06/16/commonwealth-v-torsilieri-pa-2020/
That supreme court also pointed out in their analysis that several of the issues in the case involve BOTH state and federal constitutional issues. The case has not been finalized yet. And since the state supreme court VACATED it, it has no current value as a constitutional argument. Nothing is going to happen in Pennsylvania until and unless their supreme court addresses it again for a final disposition.
I believe that the case was originally before the supreme court at an earlier date, then remanded back to Chester County who found it unconstitutional, which sent it back to the supreme court where it has been argued and is awaiting decision.
Exactly my point. No final decision has been issued, yet too many people are celebrating. The simple fact that the Pennsylvania Supreme Court has given the prosecution a second chance to present evidence to support their position warns us not to celebrate before the game is over.
Folks follow me on this one. All of us are here to break down the sex registry and to eliminate it as much as possible. I made a commit on here of two wrongs making a right or don’t make a right. One wonders about that one.
I looked it up and here’s what I found https://en.wikipedia.org/wiki/Two_wrongs_don%27t_make_a_right
Seems to me that many of you all can understand this logic that is conflicting mankind today in many ways. During one’s probation period in many cases the parole officer will ask you to sign a wavier to say you knew you were talking to a teen age girl. If one signed that wavier than that is a death sentence and a con. If one didn’t sign than there is hope.
I’m sure many should check into this as why would they want one to sign a wavier to say they were talking to a teenage girl when they were really not. Case dismissed …