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Criminal Law

: Sentencing Law and Policy

Is that a sex offender GPS device on your pants or are you just glad to see me?

By Douglas A. Berman

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Pardon the randy post title, but I could not resist a bit of levity when reporting an interesting aspect of today's Sixth Circuit denial of en banc rehearing in Doe v. Bredesen. As detailed here, a Sixth Circuit panel last November split in Doe v. Bredesen, No. 06-6393 (6th Cir. Nov. 16, 2007) (available here) when rejecting a challenge to the application of Tennessee's new GPS sex-offender tracking rules. Judge Keith dissented from that panel ruling and today he has five other Sixth Circuit judges joining his dissent from the denial of en banc review. Here are snippets from the dissent (with cites omitted):This case presents a rare ?question of exceptional importance? for which en banc review is appropriate.... The Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act (the ?Surveillance Act?), imposes retroactively a requirement that all convicted sex offenders not only register with the Tennessee sexual offender registry, but also wear a relatively large device (a global positioning system, ?G...continue to full post

Full post as published by Sentencing Law and Policy on March 31, 2008 (boomark / email).