Yesterday, a Pennsylvania Supreme Court found a distinction between Sexually Violent Predators and others required to register. The court ruled that lifetime probation, counseling and other restrictions do not constitute punishment when applied to somebody deemed a “Sexually Violent Predator”. The court, “recognize[d] there are heightened public safety concerns applicable to SVPs.” A copy of their decision is below.
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Registration isn’t punishment as long as your not on it. I live in fear every day and especially when I go in to physically register quarterly. Which by the way, I do in a suit and tie. The one time I showed up in work dungarees, I was treated like dirt. The suit throws them off a bit. I hate the fear of not if, but when.
Vincent,
i do the opposite, i go in wearing torn up clothes, not having taken a shower and no deoderant. They want me out of there so bad most people let me go ahead of them LOL maybe just for fun, next visit I will roll around in some doggie doo doo before going in.
I hate suits. I do not even wear one to church. Jeans and a clean shirt
All this legal mumbo jumbo just to say it’s not punishment in order to keep it from being unconstitutional. What a bunch baloney just to keep the Registry going…
I’m a little lost on how it is punishment for one but not another. To say, for example, residence restrictions are punishment for a tier one registrant but not SVPs is like saying a bullet is less deadly when fired at a wolf than at a deer. To me at least.
Still on probation
An attorney recently told me that regular probation in Florida is not that bad: don’t break the law, obey a few other rules, and you are going to be okay.
He said that sex offender probation is a whole different ball game, being much more difficult to follow. This might not apply to those who were on sex offender probation years ago, but with “strict liability”, it is now easier to get violated.
Probation is most certainly a form of punishment. Maybe a little punishment to some probationers, maybe a lot to others.
Well when I tried to fight the draconian conditions of my former probation, I was told by attorneys as well as a civil liberties attorney that probation was part of the sentence (i.e. part of the punishment).
So how is it not punishment to be on probation and when you’re off probation, how is it not still punishment to have to adhere to all these sex offense rules?
Gee it’s funny how every single sight I come across in regards to probation on the internet, all mentioned probation as punishment, and yet a judge cannot understand it for what it is! Go figure!
There is a big difference between a ‘sexually violent predator’ and a ‘sexual predator’. In Florida I am a ‘sexual predator’ and in Virginia, where the offense(s) took place, I was not. Typical of Florida to try to ‘make a mountain out of a molehill’. There is not a sexually violent bone in my body and I am by no means a predator. It’s the craziness one has to put up with to live in Florida.
But someone correct me if I am wrong, but someone classified as a sexually violent predator is not the same as being classified as a predator.
I think that’s correct.
Every state has it’s own definitions.
Some have TIER 1, 2, 3 and SVP.
In Florida, the SVP designation is used for civil commitment and is found in Chapter 394 of the Florida Statutes.
“Sexually violent predator” means any person who: (a) Has been convicted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
In my opinion there is a lot of double talk about what is punishment, like it is punishment but than the other courts ruled it wasn’t so it’s not even though it is. Now it’s less of punishment if it’s a SVP than it is if it’s a minor offense which shouldn’t be the same as for a SVP but that’s the way it’s set up so I guess it is alright. Now that I have covered my a$$ from all sides give me my 6figure pay check and everyone smile.
My last post had to do with the judges comments not the comments on this web
This case seems to fail under Mont v. US (2019), which states: “Supervised release is a form of punishment prescribed along with a term of imprisonment as part of the same sentence.” Courts can call it probation, supervision, supervised release or whatever….all these terms have the same effect. Even though the Mont case is not a sex offense case, lifetime probation is punishment prescribed from an original sentence. I hope this defense is the Butler case files to SCOTUS
How can they though rule probation is not punishment?????? Even if they go off the deep end on registry not being punishment, probation is something you have to be sentenced to so the law recognizes that as punishment.
If they are now going to rule that even probation is not punishment, someone needs to take away those judges bongs they are smoking.
I fully expect this is going to be the foundation for the inevitable negative changes that will follow this….the standard to define who is a sexually “violent” predator will become more open to interpretation by prosecutors and before long anybody with any form of sexual misconduct against a minor or say somebody under the age of 12-13 will be a sexually “violent” predator even if the said misconduct or crime has no component of violence as traditionally defined….just a opinion…
Prosecutors and judges as well as legislators shouldn’t be classifying anyone as anything unless they also double as psychologists in their spare time. Period.
Agreed Cherokee… if it’s not punishment then there should be no penalty for doing things like, not registering, or heck, TRAVELING. The laws keep ratcheting it down farther and farther to the point where this “not a punishment” is restricting even leaving the state – never mind the country.
Gosh – that sure sounds like punishment to me…