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Criminal or civil? Right or wrong? Does anyone care?

By Scott H. Greenfield . . . It’s bad enough, both for substantive as well as factual reasons, that the Supreme Court in Smith v. Doe held that sex offender registration was not punitive, but civil, and therefore beyond the reach of the Ex Post Facto Clause. Not only was it grounded in utterly baseless statistics of recidivism, but it indulged in the fantasy that…

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Sex offenders: To bail or not to bail

By David Post . . . In a posting here on the Volokh Conspiracy last week (“Is a Categorical Denial of Bail for Sex Offenders Constitutional?“), Paul Cassell summarized an amicus brief he co-authored urging the US Supreme Court to grant certiorari in Arizona v. Goodman,a case involving a provision of Arizona law under which pre-trial bail must be denied to persons…

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