Reply To: SCOTUS Denies to Hear Muniz

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chuck

Chris,
They rules the registry was punitive so therefore they could not apply it retroactively. Which means if you were sentenced before 12/20/2012 you cannot be held to the more restrictive rules of SORNA. The reason why everyone is in such a tissy is that if the registry is punishment, then it cannot be cruel and unusual. All these years the court has said the registry is cruel and unusual BUT is not a criminal penalty rather a civil one and as such is exempted from the 8th amendment. So by calling the registry punishment, it sets up a huge legal fight in a few years when someone challenges the registry as being punitive and cruel and unusual. The 10 circuit court did this in September on the federal level as an applied case which means the ruling only applies to those named in the suit.