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Federal Judge says Sex Offender Registries are Unconstitutional

<p>Colorado&&num;8217&semi;s attorney general has decided to appeal a federal judge&rsquo&semi;s ruling that the state&rsquo&semi;s sex offender registry violates the Constitution&period;&nbsp&semi;<&sol;p>&NewLine;<p>The controversial ruling comes from US District Court Judge Richard Matsch&comma; who ruled on a challenge brought by three sex offenders who said they had trouble finding housing and jobs because of the registry&period;&nbsp&semi;Matsch&nbsp&semi;says the lifetime registry violates their due-process rights and thus amounts to cruel and unusual punishment&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;The record in this case reflects that maintaining the sex offender registry&comma; requiring Internet publication of information on the registry&comma; and permitting republication of the information by private websites have effects that are analogous to the historical punishment of shaming&comma;&rdquo&semi; writes Matsch&period;&nbsp&semi;<&sol;p>&NewLine;<p>Colorado&rsquo&semi;s lifetime sex offender registry includes names&comma; addresses&comma; and photos&period; Thanks to the Internet&comma; this information is readily avilable to everyone&period;&nbsp&semi;<&sol;p>&NewLine;<p>Offenders can petition the court to be removed from the list after they complete an extensive and very costly probation process&period;&nbsp&semi;Even after probation&comma; they are required to register every single year&comma; in person&period; Registration costs up to &dollar;125&period; It is a felony not to register&period;&nbsp&semi;<&sol;p>&NewLine;<p>Matsch agreed with the three plaintiffs when they insisted that these laws amount to further punishment beyond their original sentences&period;&nbsp&semi;<&sol;p>&NewLine;<p>One plaintiff said he&nbsp&semi;had filled out more than 200 housing applications but had been denied every single time&period; Another pointed out that he had been placed on the list for an offense he committed at age 13&period; All three were locked up for sexually assaulting children&period;&nbsp&semi;<&sol;p>&NewLine;<p>Alison Ruttenberg&comma; the attorney working on behalf of the three offenders&comma; lauded Matsch&rsquo&semi;s decision because it acknowledged that treating every single person on the registry like a violent child predator was unfair&period;<&sol;p>&NewLine;<p>&ldquo&semi;I don&rsquo&semi;t see any reason for a public registry&comma;&rdquo&semi; says Ruttenberg&comma; who has been involved with the case since 2013&period; &ldquo&semi;It causes vigilante crimes&period;&rdquo&semi; &nbsp&semi;Ruttenberg notes that many of her clients have complained of harassment and damage to private property &ndash&semi; just because someone found out they were on the registry&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;Sex offenders have the lowest recidivism rate of any class of felons&period; Sex offenders are not this dangerous class of people we need to pay special attention to&period; If you want to have a safe community&comma; you need to find out where the drunk drivers are&period; They&rsquo&semi;re much more likely to pull out of their driveways and run over your kids as they&rsquo&semi;re walking to school&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p>As Ruttenberg frequently points out&comma; no other group of criminals is tracked in so public and so intense a manner&period;&nbsp&semi;<&sol;p>&NewLine;<p>In the meantime&comma; Colorado Attorney General Cynthia Coffman has vowed to appeal Matsch&rsquo&semi;s ruling&period; In the coming weeks&comma; she will make an appeal to the 10th Circuit Court of Appeals on behalf of the Colorado Bureau of Investigation&comma; which maintains the state&rsquo&semi;s sex offender registry&period;<&sol;p>&NewLine;<p>&ldquo&semi;Colorado&comma; its 49 sister states&comma; and the federal government all have sex offender registry laws in place to inform the public and protect them from sexual offenders who have been found guilty of sexual crimes&comma;&rdquo&semi; says Coffman&period; &ldquo&semi;Survivors of sexual assault are forever impacted by the trauma they have experienced&comma; and we must never lose sight of the responsibility we have to prevent the victimization of more innocent people&period;&&num;8221&semi;<&sol;p>&NewLine;<p>Judge Matsch&rsquo&semi;s ruling will affect only three people&comma; but could have national implications&period;<&sol;p>&NewLine;<p>&ldquo&semi;I am guessing there&rsquo&semi;s going to be quite a bit more litigation on this&comma;&rdquo&semi; says Greeley Police Chief Jerry Garner&period; &ldquo&semi;I don&rsquo&semi;t think we&rsquo&semi;ve heard the last from the courts&period;&rdquo&semi;<&sol;p>&NewLine;<p>Ruttenberg says she is excited to take the case to the 10th Circuit Court&period; If she wins at that level&comma; the case will have far more legal weight&period;&nbsp&semi;<&sol;p>&NewLine;<p><strong>Author&rsquo&semi;s Note&colon;<&sol;strong> A sex registry is something that protects a community&comma; but I can see why Matsch considers it unconstitutional&period; If someone commits a crime&comma; when does the punishment end&quest; Perhaps this should be part of the sentencing criteria and not an automatic lifetime registration&period;&nbsp&semi;<&sol;p>&NewLine;

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