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Criminal Law

: Sex Offender Issues, News, Recidivism and Studies

Maine court rules on retroactive sex offender law

By "eAdvocate"

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A reader comments, that, this ruling would prevent Maine from enacting the Adam Walsh Act. No, that is not correct, this ruling says CERTAIN PROVISIONS of Maine's sex offender laws cannot be applied retroactively.However, that does not mean to EVERYONE on the registry, one must analyze each cases to determine if -in that case- applying these CERTAIN PROVISIONS would violate the ruling of this court case. If it violates the court case, then those provisons cannot be applied to that person. Yet, there may be other persons where there is no violation and those provisions can be applied to them.This court decision creates a quandry for the state because they likely have some who would be violated and some who would not be violated. So, what does the state do? Ignore AWA and lose the funding, or, create an exception in their enactment of AWA which would still keep them in compliance with AWA, and still get the funding...continue to full post

Full post as published by Sex Offender Issues, News, Recidivism and Studies on December 22, 2009 (boomark / email).

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