By David M . . . Are you old enough to remember the oil crisis of the 1970’s and the two decades of 55MPH driving which followed? I am. In the mid ’80’s singer Sammy Hagar had a hit song titled, “I Can’t Drive 55,” which appears to be his personal protest against the creation of the so-called “National Speed Limit.” “So-called”…
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By Emily Horowitz . . . Watching the Senate hearings for Supreme Court nominee Ketanji Brown Jackson, I was struck by how Republican senators pounced on the judge’s thoughtful, considered, and mainstream sex offense sentencing. My research examines why our sex offense policies are based on fear-driven myths and how excessive criminal-legal responses do not genuinely and effectively address sexual…
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As you remember, the new SORNA regulations were introduced over a year ago. NARSOL published this report and analysis at that time. . As a reminder, regulations are handled by the executive branch who are in charge of implementing the laws our government puts into place. The laws themselves must be changed by lawmakers, who introduce bills suggested by WE…
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By Larry . . . In these consolidated appeals, Commonwealth v. Lacombe and Commonwealth v. Witmayer, the Commonwealth (state) challenged orders of the Montgomery County Court of Common Pleas relieving appellees Claude Lacombe and Michael Witmayer of their duties to comply with Subchapter I of the Sex Offender Registration and Notification Act. To achieve its dual goals of ensuring public…
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Originally published at parsol.org; reprinted in full with permission. By Josiah . . . The PA Supreme Court (SCOPA) filed their opinions on Com. v. George Torsilieri on June 16 regarding the constitutionality of PA’s Sex Offender Registration and Notification Act (SORNA) Revised Subchapter H. Mr. Torsilieri and his attorneys argued that SORNA is based on outdated legislative findings and…
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By Larry . . . T.S. v. Pennsylvania State Police was just decided by the Commonwealth Court of Pennsylvania. The Commonwealth Court is the intermediate court of appeals which leaves open the door for the state to seek review in the Pennsylvania Supreme Court. This case has the potential to remove a significant number of people from the state’s sex…
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By Peter J. Wallison . . . Gundy v. United States is not listed in most media accounts of important matters now before the Supreme Court, yet this case could profoundly change how courts intervene to preserve the constitutional separation of powers in the future. Involving just one individual petitioner, Herman Avery Gundy, and only one issue — how to interpret…
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By Aaron J. Marcus . . . Two years ago, the Pennsylvania Supreme Court shook up long-settled orthodoxy by ruling that the state’s sex offender registration law, otherwise known as SORNA (Sexual Offender Registration and Notification Act) was punishment. The case, Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2018), presented the Court with two questions: whether people who committed their crimes before the…
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By Larry . . . We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential decision on February 27th that has the potential to be significant going forward. See Piasecki v. Court of Common Pleas,…
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By Michael M . . . When SORNA (Sex Offender Registration Notification Act, aka Title I of the Adam Walsh Child Protection and Safety Act of 2006) required the states to establish comprehensive minimum standards for their state sex offender registries, it created an unfunded mandate that left many states scrambling to comply or lose Byrne Justice Assistance Grant (JAG) funding…
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