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More criticism of sex offender residency restrictions

By Douglas A. Berman

Providing another interesting perspective on sex offender residency restrictions is this new piece on SSRN from Asmara Johnson, titled "In the Zone: Sex Offenders and the Ten Percent Solutions." Here is the abstract: This Article challenges prevailing judicial orthodoxy that many sex offender residency restrictions are constitutional under the federal Ex Post Facto Clause.  The paper applies the analytical framework in Smith v. Doe, the Court's most recent case involving sex offender legislation.  It also forges a new way of thinking about these regimes as land-use policies that "negatively" zone individuals out of the urban cores. The paper proposes an innovative "positive" zoning scheme, the Sex Offender Containment Zone, that zones high-risk convicted sex offenders back into the city and that is effective, humane, and constitutional...continue to full post

Full post as published by Sentencing Law and Policy on March 08, 2008 (boomark / email).