The Dobbs Wire: Fear and loathing grips New York’s top court
Fear and loathing: New York’s top court comes up with a crazy decision. Could the fact that this case involves a sex offense explain the ruling? Have a look at Jacob Sullum’s incisive report for Reason. Appellate Squawk, an erudite appellate defender whose identity is kept a closely guarded secret, has a short, pungent post on the case as well. -Bill Dobbs, The Dobbs Wire [email protected]
Reason | Apr. 30, 2018
A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life
New York’s highest court says accusations can be considered for registration purposes even when the defendant was acquitted.
By Jacob Sullum pm
Excerpts: In New York a defendant can be forced to register as a sex offender for the rest of his life based on accusations a jury rejected. So the state’s highest court ruled last week in a case that illustrates how fear and loathing of sex offenders lead to results that would be recognized as unjust and illogical in any other context.
In a 6-to-1 ruling last week, the New York Court of Appeals upheld Britton’s classification, noting that it was supposed to be based on “clear and convincing evidence,” a less demanding standard than the proof beyond a reasonable doubt required for a criminal conviction. It is possible, in other words, for an alleged crime to figure in a defendant’s risk level even when there is not enough evidence for a guilty verdict. MORE:
https://reason.com/blog/2018/04/30/he-has-to-register-as-a-sex-offender-for
Appellate Squawk | Apr. 30, 2018
The Court of Appeals believes the victim (even when the jury doesn’t)
Excerpt: Comes now New York’s highest court with the holding that an accuser’s trial testimony constitutes clear and convincing evidence of the truth of her accusations, even though the jury found her not credible and acquitted the defendant of those charges.
Naturally the Court doesn’t admit that it moves the goalposts for sex cases. MORE:
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Sadly, in my non-legal opinion, this is nothing new. After all, since this registration BS is a CIVIL matter, courts will say that registration is good for the sake of the public because a defendant MAY be dangerous. The same thing happens under the Baker Act, doesn’t it? Under the Baker Act, I believe you can be locked up for a short while until authorities believe that it’s safe to let you go.
This is more dangerous than you might think. Most state laws that I have seen require registration for those convicted of qualifying crimes OR anyone required to register under the laws of another jurisdiction.
If this is not appealed, then watch out! It’s going to open massive floodgates across the nation. Couple this with the ever growing “Me Too” movement, and we can expect to see an enormous number of people being forced to register and follow all SO requirements and restrictions, even though they aren’t found guilty of the alleged crimes. People like Bill Cosby, Bill O’Riely, and even our own President better watch out. They’re coming for you too!!!
The lawyer better file an appeal in the federal courts. The U.S. Supreme Court ruled in 2000 in Apprendi v New Jersey that a sentencing court MUST confine itself to the facts as determined by the jury, or admitted by the defendant in a plea, when the court passes sentence. The New York appellate courts know that, but they are violating the law of the land to score political points. They know that they can ignore the law because they have immunity. Michigan did it for 15 years after Apprendi as well. Makes me sick.
Wow, a free entry into the price club! if this is not a case for SCOTUS to overturn the SOR then i think everyone needs to all move to the smallest state and start canceling a bunch of jack ass crooked laws or out of the USA
Sigggghhhhhh. Now will you people believe me that our government is corrupt and that we live in a police state that will never ease up or give relief to people in our situation? This is only the beginning of the govt marginalizing certain groups and putting them under their dictatorship like rule.
I have never had trouble believing that the government is corrupt. All states are “police” states, and believe me, FAC couldn’t publish my opinions on police, or politics, because my words would melt the wiring in their email servers!