Sex Offender Registration Act Case Study
I. INTRODUCTION
In 2015, the Sex Offender Registration Act (Penal Code section 290) is a California sex offender registration statute. Section 290 was intended to promote the state interest in controlling and preventing recidivism in sex offenders. In addition, it serves an important public purpose by compelling registration of sex offenders who were violent and required public surveillance. This statute gave judges the choice to enforce registration on an adult who has non-forcible vaginal sex with a 16 year old or older. However, there is a mandatory lifetime registration for an adult who has non-forcible oral sex with a 16 year old. Thus, an equal protection issues had come into question.
In 2006, People v. Hofsherier, the California
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Plaintiffs plead guilty under Section 288, resulting in a two-year sentence and mandatory sex offender registration under section 290. In 2006, resulting from the Hofsheier decision, the Plaintiff filed a petition seeking to be relieved of the sex offender registration requirement under Penal Code section 290. The Superior Court denied the petition referring to People v. Manchel, a case that had rejected a Hofsheier claim by a 29 year old man convicted of section 288 (same felony the Johnson was convicted of) and the Plaintiff …show more content…
Stare Decisis
Examining Hofsherier’s equal protection analysis the majority in Johnson not only held that the analysis was wrong but also concluded that stare decisis did not compelled to court to follow Hofsheier as precedent. In addition, Johnson indicated that Hofsheier’s analysis was faulty, which resulted in a number of sex crimes against minors. The Court referred to these “broad consequences” as the reason why stare decisis should not be allowed in order to correct an error in our constitutional jurisprudence.
Stare decisis is one of the most important doctrines for the legal system. The doctrine states that courts are bound by decisions held in earlier cases. However, I agree with the reasoning in Johnson, a court should be allowed to correct the effects of a prior court ruling if the ruling was badly reasoned and has a negative impact on society. The criminal justice system, which includes the courts, was established to control crime and enforce punishments on those who violated the law. Stare decisis should not apply to a court correcting a prior court decision, which consequences resulted in contradicting the establishment of the criminal justice
Megan's Law Policy Analysis
1758 Words | 8 PagesPolicy Analysis: Megan’s Law Sexual violence, particularly against children, is a significant issue all around the world. In the early 1990’s in the United States, there were multiple well-publicized cases of sexual violence against children. From kidnappings, to rapes, and everything in between, violence was being committed against children and something needed to be done about it. In 1996, Megan’s Law was passed in response to the sexual assault and death of Megan Kanka, a seven-year-old from New Jersey (Corrigan, 2006).
Registered Sex Offender Case Study
1744 Words | 7 PagesDominic T. Hicks, DOB 05/01/77 is a known Registered Sex Offender that lives in Unit 6 and was a possible match to the suspect description given by the victim. On 06/24/15, I conducted registered sex offender address verification checks and contacted Hicks at 109 Lake St. S. #6 which is his registered address. At about 0900 hours, Cpl. Crocker and Detective Lansing contacted Wehrman at the hospital.
Persky Vs Brock-Turner Essay
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Compulsory Sterilization Laws
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Alaska Sex Offender Registration Act
2076 Words | 9 Pages1. Topic 1 The Alaska Sex Offender Registration Act was established like in many other states shortly after the 1994 rape and murder of Megan Kanka, a seven-year-old from New Jersey. Within the registry offenders are separated into two separate categories, non-aggravated offenders and aggravated offenders solely based off of the gravity of the offense(s) committed. AS 12.63.010.
JJDPA Analysis
1292 Words | 6 PagesFurthermore, this leaves room for states to implement their own practices and ways to address status offenders. It has also been argued that the Act “fractured the juvenile justice system so that officials in the Department of Health, Education, and Welfare handled white, middle-income youth” (Hinton, 2015, p. 816). Programs which labeled white youths as “children in trouble” marked minority youths as “chronic offenders” who were deemed a danger to society, and tried as an adult. The exceptions and revisions that have been made to the Act make it possible for repeat status offenders to be detained in secure
Tier 1: The Crimes Of Sex Offenders
306 Words | 2 PagesIt includes lesser sex crimes like, video voyeurism of a minor, lewdness, or non-violent sexual contact with anyone over 18 or possession or receipt of child pornography. Within Tier 1, there are also some more harmless offenses like urinating in public or streaking. If the offender with a Tier 1 has a clean record he/she may reduce the registration time from 15 to 10 years. It is required by law for sex offenders to appear in person every certain time to have a picture taken and verify registry information. Tier I sex offenders must appear every year, Tier II sex offenders every six month, and Tier III sex offenders every three months.
Facts About Sex Offenders
733 Words | 3 PagesSex offenders, typically male, but can be female, about 25% of child victimizers were 40 years old or older. 71% of male offenders are under the age of 35. Most studies we found only dealt with statistics about whites, African Americans, and Latinos. White sex offenders are found to have a closer relationship with their victim, and are more likely to use force. African American offenders are more likely to engage in vaginal rape and become more violent with their victims.
Megan's Law Essay
1001 Words | 5 PagesBefore Megan’s Law was enacted, The Wetterling Act was in place, requiring the registry of all once-convicted sex offenders. They were not, however, required to publicly release their information unless they were volunteering to do so. In 1994 in Mercer County, New Jersey, Jesse Timmendequas, a two-time convicted felon for sexual assault, lured 7 year old Megan Kanka into his house, raped her, then killed her by strangulation. Her parents, devastated by her death, went on to push for justice. They demanded the community notification of all registered sex offenders.
Typologies For Sexual Offenders
73 Words | 1 PagesThe benefits of creating typologies for sexual offenders, is to show how each category of offenders differ and how they are alike since it is such a diverse group. Typologies also show their motivation, how they specialize and will they be a recidivist. This helps the law enforcement to know what to look for as well as the doctor if they are put into treatment it tells the doctor how to treat
Should Sex Offenders Be Public
1379 Words | 6 PagesShould Sex Offenders Name be Public? It is debatable if sex offenders names should be public, some people believe is a invasion of there private life, “There is a real danger of vigilantism and publicizing their names (and the info required goes far beyond just their names) is an invasion of privacy of the wives, children and families of these offenders, which is an invasion of privacy no other class of criminal faces”(debate.org) . Others believe this is not even debatable, that Sex offenders name should be public, period, “Once somebody commits a sexual crime, they have given up their right to anonymity.
Mapp Vs Ohio Case Study
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Dietrich V Queen Summary
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Electronic Monitoring On Sex Offenders Essay
903 Words | 4 PagesThere are officials in charge of monitoring parolees on EM to make sure offenders are adequately serving the terms of their parole. Offenders jokingly argue that EM to those who have nothing to lose is a complement and for those who do not want to lose their family, EM serves its purpose. Offenders enjoy the luxury of being able to work while on probation with EM. Although, “Offenders generally agreed that the sanction does in fact control their lives much the same way that incarceration controls inmates’ lives” (Payne & Gainey, 2004, 426). Sex offenders are people and to effectively punish sex offenders, local law enforcement needs to keep strict monitoring on them without disregarding their constitutional rights.
Importance Of Stare Decisis In Malaysia
814 Words | 4 PagesJust as in other countries, the law in Malaysia can be found not only in legislation, but also in cases decided by the courts. The courts in question are the Federal Court, the Court of Appeal, and the two High Courts. This is because only decisions of superior courts are sources of law as they are the courts that decide on matters of law whereas lower courts generally discuss on matters of fact. Decisions of the higher courts are binding to the lower courts which is known as stare decisis. Stare decisis is a latin term which means to stand by what has been decided.
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