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Cal. Court: Registration Requirements are Punishment Under Apprendi

By Corey Rayburnyung

Sentencing Law & Policy posts about a new California Court of Appeal opinion which found that "the residency restrictions in California's sex offender registration law are 'punishment' for Apprendi purposes."  You may view the opinion here.  From the opinion: This appeal sits at the intersection of two topical, controversial legal issues: sex offender registration and the right to a jury trial.  The Legislature and the voters have drastically expanded the reach and ramifications of sex offender registration in recent years, culminating in ?The Sexual Predator Punishment and Control Act: Jessica?s Law? (Jessica?s Law), approved in 2006 as Proposition 83.1  The United States Supreme Court has revitalized the right to a jury trial over the same period, culminating in decisions striking down the federal sentencing guidelines in 2005 and California?s determinate sentencing law (DSL) in 2007...continue to full post

Full post as published by Sex Crimes on November 20, 2008 (boomark / email).