Reply To: The difficulties of a risk-based system


What is missing from this whole scenario is those who have had their civil rights restored vs. registration requirements or parole, probation like obligations. The deeper constitutional roots of this matter has become all wrapped up in a tight little ball and have become all too much nothing more than a distant memory and lost within the controversy!

I have never seen this specifically addressed in the case law? All the case law you see floating around in the Shepherd’s are more focused on “liberty interests” rather than “fundamental rights” which include “human rights” and “freewheeling law.” You can google the word “punishment” to death and derive little meaning from the existing legal dicta or juris prudence. Oh yes let’s not forget the ever eluding “Bill of of Pains and Penalties1” or “Bill of Attainder1″ that the current state of juris prudence cleverly evades by walking on egg shells for fear of abolishing the registry itself…

1″A bill of attainder (also known as an act of attainder or writ of attainder or bill of pains and penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.”