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Criminal Law

: Sex Crimes

Residency Restrictions and the USSC

By Corey Rayburnyung

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Berman posts:It is clear based on lots of lower court litigation that the constitutionality of sex offender residency restrictions will come before the US Supreme Court sooner or later. It is thus interesting to speculate exactly when and how these issues will get to the High Court. New posts at other blogs reporting on recent constitutional rulings from state courts in Indiana and Ohio highlight the possibility that these issues will get to the Justices through the state court system.  However, some recent notable federal district rulings about various sex offender issues suggest federal sex offender cases could get to the Court first, especially if we start seeing some major circuit action on these matters. Notably, the constitutional issues presented in different cases often vary: frequently ex post facto punishment claims are pressed by former offenders subject to new residency restrictions, but various due process and takings claims have also found some traction in some settings...continue to full post

Full post as published by Sex Crimes on May 15, 2008 (boomark / email).

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