I certainly hope this gains a lot of ground.

Me too

i read that story in one of the postings on my fb page. a quote from the prosecutor got me! said that "no reasonable person would be shocked that the defendant had to register". the only people who would be shocked are the ignorant masses that know nothing of just what can get a person arrested and convicted. and the fact that they know absolutely nothing about the registry and all that it entails and the damage it does.

One of the biggest things that we have going for us is that since the courts ruled years ago that SO registration was regulatory and not punitive...the laws have gotten increasingly more punitive.

You'd have think that any SC reexamination of the registry at this point would have to show that it has become punative... though I suspect they'd only rule directly on those convicted pre-registry.

I'm following this case closely.

However, it will only apply to this person. A big piece hinges on his crime specifically (21 and having consensual sex with a 15 year old) and the fact that many people don't fully mature until mid 20's.

One argument presented was that he himself was a child (lacked impulse control, etc) and therefore not a 'sex offender' that would repeat his crime once matured. And given that circumstance to lump him in with others for punishment is cruel and unusual. Note even his lawyer is hinting 'others' can have those punishments - those who are true sex offenders.

Still.... To hear a state SC say registering is cruel even under specific cases would be great. It would be a tiny step.

http://www.ohiochannel.org/MediaLibrary/Media.aspx?fileId=146024

worth watching. Regardless of the outcome or to whom it may apply, the tone of the court is encouraging.

Agreed Dixon.

Yes. I do agree. Every step is important.

This court has already found registration punishment.

I wish IL would do the same.

Interesting that the court kept going back to "He plead guilty to (all) his charges." That is the crux of the issue right there. In the federal system once you plead guilty it is written in stone 99.99% of the time. Unless there is a possible Ineffective Assistance of Council or evidence that is completely opposite of what happened.

Beyond that you will always be stuck with the circumstances of everything regardless of whether you are innocent or guilty.

The states usually follow the United States Supreme Courts' rulings. The only way to get this overturned is to have the Supreme Court of the United States re-rule that it is punitive and not civil.

And that all.... would definitely be a miracle.

Yes, it would be a miracle, In His Steps. I can see that if the case is ruled in favor of the defendant, the DA will send this to the Supreme Court.

Back when Smith Vs Doe was ruled, it wasn't as punitive as it is now. If the courts hear this case, or another, they can't argue that it's not punitive.