In Search of Liberty
I would like to ask professor Duane a few of questions if I may. In Smith v Doe 538 US 100 (2003) SCOTUS held sex offender registration (SO) to be “civil” (which in my opinion was dubious and disingenuous) in nature. I am no lawyer but it would seem to me that even if SO registration were civil in nature, 1) there is such a thing as “Rules Civil Procedures” that govern the application of civil penalties—correct? 2) If so, can the state apply these so called civil penalties without them conforming to the Rules of Civil Procedure? or 3) Can they (the state) just apply these so-called civil penalties to people willy nilly? If I could have Professor Duane offer his insight on these questions I would appreciate it very much.