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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Great news, was this the supreme court in PA? if not that’s where the state will go next, if it is here is a case other attorneys can use nationwide to start defeating the prosecutors who keep saying it is not punitive
FAC notes that it is not binding on Florida. I suspect is not binding anywhere other than the jurisdiction of that court, possibly just for that case.
But it is hugely important nonetheless!!!
Could this be the first domino to fall??
⭐⭐⭐⭐⭐ THE JUDGE’S RULING IS TRULY REMARKABLE!! ⭐⭐⭐⭐⭐
I must ask…how can a policy in one state be unconstitutional, yet constitutional in another state? The last time I checked we are the United States. This is just a typical example of what is tearing this nation apart. Citizens being held to laws and policies from state to state, county to county, city to city, town to town, etc. It is also an example of politicians who choose to ignore facts if they can sell an agenda based on falsehoods. Unfortunately, it is uneducated voters who put them in office.
I think its the same as when SCOTUS makes a decision in any case and you have the majority verdict, and then a dissenting opinion. They interrupt the laws differently. Same laws, same issue. Different opinions of what it says.. Its Sad but true.
Some read the constitution for intent. And some read the constitution for what it actually states and not the intent.
Each state has its own Constitution.
This was a state court case that analyzed the constitutionality against the PA Constitution.
It’s extremely persuasive though, so it’s not like this is meaningless for anyone outside of PA. It’s just a HUGE win for the Litigant in the case, INCREDIBLY meaningful for anyone inside PA and persuasive ammunition for anyone outside who is fighting a similar battle.
It is essentially a jurisdictional question stemming from the federalism built into the U.S. Constitution. That is the same provision allowing both state and federal criminal charges for the same actions.
What I found encouraging is that the court: 1) found SORNA unconstitutional both facially and as applied; 2) it invoked the irrebuttable presumption argument; 3) it declared SORNA as punishment that violates the federal 8th Amendment; 4) SORNA results in criminal sentences that exceed statutory maximums; and 5) the Court actually considered recidivism data.
This decision was rendered by a trial court and is probably already being appealed by the state. Prosecutors definitely don’t want that decision to stand. The Court’s conclusions in this decision will be extremely helpful in future lawsuits filed in all states. I intend to look through my state’s constitution for provisions that parallel those in Pennsylvania.
so let me guess this judge will soon lose their job and this will be appealed to the higher courts which will systematically demolish it and sweep it away.. I remember something similar in Michigan in around 2006ish? it lasted for 3 days i think..the government doesnt like you taking away their ability to create a slave and abuse class..
Any takers?
I agree with “obvious answers”.
The mob is going to tar and feather this judge and demand that this be overturned.
It’s nice that someone had the courage to speak the truth, though.
None of the judges who ruled against the registry have lost their jobs or faced repercussions. Where are we even getting that?
Ok, even if they don’t tar and feather the judges, the legislature will simply rewrite the law just like they did in Michigan.
When it comes to registries, people don’t understand justice or mercy – just vigilantism and hatred.
The moment someone speaks up with a voice of reason they are shouted down. (I’m waiting for the PA legislature to shout down the PA Supreme Court by passing a newer and harsher registry with a wink-wink – just like in Michigan.)
Let’s talk again in, say, July of 2023 and see what life is like for registered citizens in PA. I hope it’s better, but I am not holding my breath.
JJJJ is right. There is still a registry in Pennsylvania. People are still on it, unconstitutionally or not. I’m still on Michigan’s unconstitutional registry. Every state still has a registry. It stinks.
Now perhaps other courts will follow suit and let the domino effect begin.
Note also that this is from an ELECTED judge, and a Republican.