From NARSOL:
The Superior Court ruled that SORNA II constituted as cruel and unusual punishment for juveniles in Com. v. Matthew Zeno 2020 PA Super 1111.
PARSOL sees this is a fantastic ruling. It means regardless if your juvenile case is transferred to adult court, you were still under 18, and the SCOPA in In Re J.B. said a sex offender registry for a juvenile offender is unconstitutional.
The Commonwealth’s argument was that since the charges were serious enough to warrant the case be transferred from juvenile to adult court (which can be done under PA law for certain crimes), Zeno should have to register just like an adult.
The panel in this opinion said, “No.” The sex offense was committed when the defendant was under age 18; thus, defendant is still a juvenile and cannot be ordered to register as a sex offender because of SCOPA’s decision In Re J.B.
https://cases.justia.com/pennsylvania/superior-court/2020-880-mda-2019.pdf?ts=1588875386
Another one of those “good news stories.“ Oy! The fact that the state went back to court to try to gouge out an exception to the Pennsylvania Supreme Court ruling indicates that once again, the powers that be have no intention of being court orders unless forced to and even then, they will go down and kicking and screaming. Shades of Michigan.
With that said, I do find it interesting that at least 2 courta in the same state have determined that being on the registry is in the same category as the death penalty in that it that neither can be applied to minors.
This is me right here I was 16 but wasn’t arrested until I was 18. I used: https://caselaw.findlaw.com/fl-district-court-of-appeal/1408838.html
Continuing dates of enterprise along with the “rule of lenity”
https://en.wikipedia.org/wiki/Rule_of_lenity
To get enhanced gain time then quash probation pro’se
Who’s a good attorney?
I support a registry for politicians and judges who don’t follow the Constitution!! On the registry would show their laws and court decisions that violate the Constitution; along with showing the damage that their stupidity has caused the country.
If we have to have a registry, why not put political criminals on it. However, I do not support registries of any kind.
I think it is hypocritical to demand we not be on a registry then turn around and wish it upon other groups. If we make a case for a registry for any group of people, that justifies the legality of registries as a whole.
I have heard of kennels having bad dog owner registries where they buy dogs just to fight etc. If that was just an internal thing used just by the kennels so not to give up their dogs to bad people, I might support it. However if made public, someone who loved dogs might use that information to attack the person or their families.
I’ve heard some states charge people after they turn 18 when they committed a crime years ago. Wonder if that’s why states got rid of the statue of limitations!! With the age of consent laws in some states you can get married at 14 or 15. Personally I think it should be up to the individuals with their parents permission. States need to get out of people’s bedroom!!
Sen Booker wants a registry for cops. What do y’all think?
A non-public police registry of bad cops might be helpful in police hiring. A PUBLIC registry, on the other hand, would prevent bad former cops from the opportunity to turn their lives around, and would create pressure for laws upon laws, as we know so well.
So it depends on what Sen Booker is proposing and what happens to that legislation.
The only registry I approve is a wedding registry at Target. And I could live without that one.
I was able to enlist in the Navy when I was 17 years old. At 16 I had a drivers license. I do not quite understand why the registry is punishment for someone under 18 but not for someone over 18. Bottom line, the registry is punishment regardless of age. Under the age of 18 I was able to accept responsibility and knew what was punishment and what was not. I was holding a fire bottle for aircraft engine starts and directing taxiing aircraft. I like to think that judges are the ‘cream of the crop’ when it comes to the law and justice, but I’m starting to have my doubts.
I was 15?when arrested (now 43) was adjudicated as an adult thus forced to register…. will this ruling help me in anyway ? I’m in Florida
It will not. It’s in Pennsylvania.
How long has it been since you’ve completed probation?
You were 15 and that was 38 years ago? How long must you, I and others pay for our sins? I was in my 20s when arrested and am in my mid 50s now. 29 years ago.
What about the people under 26 that have to register? Their brains are still developing and are an adult. Don’t understand that registration is punishment for juveniles; but not adults. Guess the court missed the memo: CHANGE is constant in life and anybody is capable of it. Judges need to be on the show are you smarter than a 5th grader. Enough is enough of these rubes in robes that don’t follow the Constitution!!
This court did not deny that it’s punishment for adults, did they? I may need to re-read the opinion.
For juveniles, it’s clearly cruel and unusual, as this court says. And here in FL, our own filings in Does v Swearingen (the ex post facto plus challenge) argue that it’s cruel and unusual for both juveniles AND adults.
It’s good, but I wonder if anything could be taken as setting a precedent for use in adult cases. Any thoughts?
It is still beyond me to understand how a law/requirement in one state or how same can be unconstitutional in one state and not in all states. I guess ‘so much’ for united in United States. I am taking a course in the history of the Constitution and it was such situations that persuaded our founders to reject the Confederation of States and decide on a Constitution if the founding principles were going to be observed.
Capt Munsey,
I have thought similar about the age of consent. Why is it 16 in one state and a state right next to it is 18? Just make it 18 nationwide and be uniform under the law.
So why the #$%& is it not punishment for adults then? The courts are smoking something that must be tainted. That is one of the dumbest things I have ever heard. If you are 16 or 40 and you get fired from target, are not BOTH of those punishment? COME ON.
Now the courts contradict themselves.
Is this ruling just for Zeno or will apply to all offenders under 18 in that state? This is huge!
So it would be inappropriate for someone under 18 to have to register as a sex offender because he was not competent at the time because he was only 16. Where does it leave an 18-year old developmentally disabled autistic man with the mental capacity of a 12-year old?
That’s a good question but we already know the answer when it comes to legal issues – The courts see that adult with mental health issues and/or autism as an easy target because they care only about the age of the person, not the mental state of the person. It’s almost pointless to have psychology and scientific studies on the human brain and how delicate it is because once you step into a court room on charges , you go from someone they would have coddled to someone they’re out to get for blood!
“Austism Spectrum, Sexuality, & the Law,” by Nick Dubin, is one good read.
Courts need to do a better job addressing this.