(CA) State Supreme Court upholds sex-offender registration law

[CShine]

The California Supreme Court on Monday upheld the use of the state's lifelong sex-offender registration law against people convicted of misdemeanors.

Reversing a 21-year-old legal precedent, the justices unanimously ruled that the California Constitution's ban on "cruel or unusual punishment" and a similar provision in the federal Constitution are not violated by the law because, wrote Justice Marvin Baxter, "the mere registration of convicted sex offenders is not a punitive measure."

The court ruled four years ago that constitutional bans on "ex post facto" punishment were not implicated.The new decision came in the case of a man who was convicted in Los Angeles County of a misdemeanor count of possessing child pornography. Leon Casey Alva was sentenced to 60 days in jail, probation, a fine, therapy for sexual deviancy -- and a lifelong obligation to register as a sex offender.

As Baxter noted, though, the duty may not be literally lifelong. For certain categories of offenses, including Alva's, a Superior Court judge may issue a certificate of rehabilitation, terminating the registration requirement.

http://www.sacbee.com/content/politics/story/9815152p-10737688c.html

[Kagemusha]

1. Perhaps mere registration isn't.

But when it's not merely that... problem.

[TlalocW]

2. When does...

Arnold have to register?

TlalocW

[Lindacooks]

13. Yes, exactly!!

My dh runs a website supporting survivors of abuse, and he says, at the very least, a criminal investigation should be running on Arnold simply because of the large number of women accusing him.

[specter]

3. Registration

is a function of how much money you have at your disposal, Pee Wee Herman, was convicted of multiple counts of possession of child pornography and has to register only for 3 years. If ur poor its for life. And if its over your head "forever" the recitivism rate naturally goes up because they really have nothing to lose, seeing they really dont have freedom anymore. It is punative action and its designed to put them back in prison... Solution, make everyone convicted of crimes in the country subject to registration and notification. If its not punative then why dont they do that. They dont even do it for Murderers.

[BayCityProgressive]

4. this is where I do

split with some liberals. I would want to know if there wer eoffenders in my neighborhood...it seems to be like a sickness..many people do it over and over again.If registration can save the life of children and women then I htink it is a good thing.

[specter]

6. Would

u like to know if a murderer or an arsonist moved in next door or are they ok with you?

[Cronus Protagonist]

15. There are sex offenders in your neighborhood

You should know that already. What good does the list do other than to allow nutcases to persecute people who may have offended at the lowest level (storing mild porn of questionable age in their computer, perhaps)? What good does it do for you to know the names of someone like that other than increase your fear level and promote attacks and vigilantes?

Especially when every neighborhood has a sex offender in it, or one who's about to be caught anyway, and some, no doubt, who are not on the list - what are you going to do? Tell your little girl not to talk to Mr. Pederast who lives three blocks down?

Not that I want to defend sex offenders, but this is a typical slippery slope situation here that will lead to a loss of civil rights for all of us.

http://brainbuttons.com - Fair and balanced, yet insulting buttons.

[TahitiNut]

5. For a misdemeanor? Hell, make them wear armbands!

:puke: :puke: :puke: :puke:

[specter]

7. LOL

really hope ur not serious

[TahitiNut]

8. It's a horrible commentary on our loss of a sense of justice and equity ..

... that anyone would suspect I'm not being grossly facetious. We imprison more of our people than any any nation on earth ... and the rabid "law and order" types still don't fucking have enough? Geeezuz!

If people had the slightest clue how imbecilic some of those "offenses" are - like 'statutory rape' against a boy with his underage girlfriend - I'd like to think their "lynch-mob" mentality might abate. I'd like to think so - but I don't.

That we waste our time on such bullshit and aren't storming the WHite House with tar and feathers show a total loss of any sense of proportions.

[specter]

10. I thought

u were kidding and i avidly agree with u !!!!

[demoman123]

9. In all consistency, they should make burglars register too.

That might have deterred the ice-addict down the street who robbed my house.

[specter]

11. At least

u would have known he was there, but seeing that its not given to individuals equally across the board then u just have to suffer with the fact that u were robbed by a criminal u didnt know about.

[Gyre]

12. A little perspective

The statute that Alva was convicted of was this one.

Section 311.11, subdivision (a) incorporates by reference the definition of sexual conduct set forth in section 311.4, subdivision (d)(1), which defines sexual conduct to include any of the following,
whether actual or simulated: sexual intercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a lewd or lascivious manner, exhibition of the genitals or pubic or rectal area for the purpose of sexual stimulation of the viewer, any lewd or lascivious sexual act as defined in Section 288, or excretory functions performed in a lewd or lascivious manner, whether or not any of the above conduct is performed alone or between members of the same or opposite sex or between humans and animals.

Now you can have an intelligent discussion about whether it's a "cruel and unusual" ,uhhh, not punishment. Huh? That's the rub with: section 290 of the Penal Code (sex offender registration), the MDO (mentally disordered offender) statute, the SVP (sexually violent predator) statute. All of these things potentially expose the recipient to something painful at the end of the jail term, and it's pretty onerous.

Nobody whose got a conviction like that, misdemeanor nothwithstanding, wants to potentially be exposed to his neighbors as a "sexual predator". Nobody (more or less) who's been convicted of two or more (designated violent sexual felonies) wants to have some shrinks at Atascadero making the call as to whether he's going to be a "danger to society" and then likely stay incarcerated after he should've gone to parole, or even after the parole period is over.

Even though those things sure as hell feel like a punishment to the person convicted, the courts have consistently construed these statutes to not be punitive intentionally, hence, it's not "punishment" and the "cruel and unusual" prohibition doesn't apply. The courts further cite the intent to preserve "public safety" as a justification. As if to say that even if it's a "cruel and unusual" punishment, it's justified. The law is weird that way.

Don't get me wrong. I'm glad that these laws exist. However, I can't think of a better candidate for constitutional amendment than to insert a caveat re: public safety.

Gyre

[specter]

14. That

still does not address the issue that this is the only class of criminal that is subjected to this punishment. The recidivism rate is not as high in sex offenders as it is in drug offenders. And drug offenders are not subject to notification. The justification for the law is to protect women and children which I have no problems with. Being a parent I want to know about these people as well, but to be subjected to this for the rest of their life I think is cruel and unusual. And its also unfair not to do it to everyone else that is a criminal from bounced check to mass murderer. But this wont happen because of the volume of outcry that would be heard from the attorneys clients that have to have their faces plastered all over the neighborhood because they bounced too many checks at walmart. So if the law cannot be applied equally in the community then it is an unfair and punative punishment. But if u have the money like that weapons inspector ( cant remember his name ) in iraq that was busted for soliciting a 14 year old girl over the internet you can get away with anything.