Tag: burden of proof

MA court says burden of proof on state to prove dangerousness still exists

Associated Press: The Massachusetts Sex Offender Registry Board has the burden of proof when determining whether a sex offender should not be moved to a less dangerous classification, the state’s highest court ruled Wednesday. The Supreme Judicial Court also ruled in separate cases that indigent sex offenders have a right to legal counsel in reclassification hearings, and that those hearings…

Read More

Breaking: Fourth Circuit holds NC premises statute unconstitutional

By Robin . . . In a broadly worded opinion, the U.S. Court of Appeals for the Fourth Circuit has affirmed a lower court ruling previously holding most of North Carolina’s premises and proximity restrictions applied to registered sex offenders as unconstitutional. The Court of Appeals held subsection (2) of § 14-208.18 as unconstitutionally overboard and admonished the state for failing to…

Read More