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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AZ RSOL tries to dispel residency restrictions ignorance

By Bianca Buono . . . A loophole in Arizona law allows sex offenders to live near schools, in some cases just feet away from campus. Per state law, it’s only illegal for a sex offender to live within 1,000 feet of a school if that person has been convicted of a dangerous crime against children. According to the state…

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Radio interview with Brenda and Larry

Brenda and Larry were recently guests on a radio talk show in Missouri. They both do an outstanding job of answering questions and presenting facts about the registry and about a specific case in the Ninth Circuit in Arizona, the May case, in which NARSOL has submitted an amicus brief in support of the plaintiff. Larry also discusses the case…

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NARSOL files amicus brief in Ninth Circuit case

By NARSOL Communications . . . Innocent until proven guilty is one of our most cherished constitutional protections. Laws in Arizona have demolished that protection for those accused of certain sexual crimes. A man with such a conviction, Stephen Edward May, brought a case against the state, and the conviction was overturned by a federal district court in Arizona. The…

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NARSOL supports man who won rare constitutional challenge

By Larry Neely . . . The National Association for Rational Sexual Offense Laws (NARSOL) has filed an amicus curiae brief in the United States Court of Appeals for the Ninth Circuit in support of Stephen Edward May, whose conviction for child molestation in an Arizona case has been set aside by the federal court in Arizona. NARSOL’s interest in…

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The sex offender registry: a many-headed monster

By Sandy . . . What do these headlines have in common? “U.S. Marshals protect trick-or-treaters from the threat of sex offenders.”  “ ‘Operation Blackout,’ annual Halloween Tennessee sex offender sweep, underway” “Operation Lights Out aims to keep your children safe on Halloween” They all appeared in the week or so leading up to Halloween. They all connect Halloween, persons…

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AZ Supreme Ct: Can’t throw homeless sex offenders in jail for not having an address

By Howard Fischer…. Registered sex offenders who become homeless can’t be jailed for failing to immediately report their new address to law enforcement, the Arizona Supreme Court ruled Friday. The justices acknowledged state law spells out that anyone who is required to register as a sex offender must inform the sheriff of a new address within 72 hours of moving. But Justice Clint…

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AZ Sup. Ct. rules unanimously against enhancements where no child is involved

By Howard Fischer . . . Judges cannot impose enhanced sentences on those convicted of soliciting sex with a minor when it turns out there was no child to begin with, the Arizona Supreme Court ruled Wednesday. In their unanimous decision, the justices upheld a lower court ruling that said Dale A. Wright can be found guilty even though the…

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NARSOL fighting strict liability case in Ninth Circuit

By Larry and Sandy . . . NARSOL is joining the fight against strict liability offense schemes. An important case from Arizona, May v. Ryan, is pending before the Ninth Circuit Court of Appeals. The case has the rare distinction of having already been successful in a lower court for the plaintiff, May, who was convicted in Arizona state court of…

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