Reform sex offender laws campaign
In presenting information about what appears to be the worst sex offender civil commitment program in the country, the petition effectively asks whether the Court plans to abdicate its responsibility for evaluating these programs altogether. Four friend-of-the-court briefs were filed at the cert stage, a striking number considering the Court has not yet decided whether to take the case on the merits.
One brief provides the cultural context for sex offender civil commitment programs, explaining how they both respond to and further aggravate a moral panic surrounding sex crimes.
Quoting Justice Scalia (who was himself drawing on Blackstone), the brief underscores that “incarceration without a criminal charge [is considered] ‘an act of despotism’ that is ‘so gross and notorious . However, the Eighth Circuit decided that “the proper standard of scrutiny to be applied . (It is worth noting that the district court’s factual findings here are so eye-opening that this could be the rare case in which a court strikes down as unconstitutional a statute under the normally-toothless rational basis test because it detects that the state’s actions were arbitrary and arose out of out of animus.
According to the SG, the court below utilized the correct legal framework to make its decision, and the outcome simply turned on the unique facts applicable under Michigan’s law.This is the earliest known law condemning the act of male-to-male intercourse in the military.In the Roman Republic, the Lex Scantinia imposed penalties on those who committed a sex crime (stuprum) against a freeborn male minor.That the right is fundamental, however, does not render the government helpless to overcome it.Instead, the government is required to articulate a compelling interest to which the state’s infringement of liberty is narrowly tailored to meet. The Court invited the Solicitor General’s view on whether it should grant the State’s cert petition in that case.
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The panoply of laws that govern the lives of individuals convicted of sex crimes after they have served their sentences is overwhelming.