Something comes to mind as the 6 circuit said “Nor should Smith be understood as writing a BLANK CHECK to states to do WHATEVER THEY PLEASE in this arena.”
Expost facto is something that criminalizes conduct (in this case just simply existing) that was once legal after the fact (conviction) thus that would be punishment, wouldn’t it?
I am not talking about a registry but referring to the “restrictions” and “requirements!”
How do you know when a crime is going to occur in relationship to the purpose of preventing it? By comparing people’s fingerprints to other people’s finger prints? My Joe I think we have match? Who has the highest recidivism rate for sex offenses?People who go to prison for a non-sex offense? (see Pogo below) That is a proven fact but do you hear anyone screaming this from the rooftops? Nope!
Where is that “deterrent” and purported non-punitive intent buried deep in that regulatory remedial statute to promote public safety?
Creating panoptic (without walls) prisons, actually inhibit public safety and carries heavy static variables for both the observer and observed by creating a animosity driven psychosocial cathexis where the personal (visceral) alters the logical (cerebral) by failing to understand the principles on which a democracy is based; democracy would not exist if the powers that be (gatekeepers) start dictating and reinterpreting your rights independent of a known constitutional threshold!
Do not “Sex Crimes” flow from the general public!
Probably the most famous Pogo Comic Strip quotation sums it up like this: “We have met the enemy and he is us!”