Court sidesteps issue on juvenile sex offenders

Washington Times 1 month ago

NEW ORLEANS (AP) - Louisiana’s Supreme Court has sidestepped, for now, the question of whether juveniles convicted of sex crimes can be required to register as sex offenders for the rest of their lives.

The case involved a man convicted of having molested his younger sister when he was 14 years old. He was ordered held in juvenile custody until age 21. After his release, he sought relief from the sex registration requirement.

The high court on Tuesday ruled that because he was no longer in custody, he was ineligible to file for post-conviction relief under state law. Therefore, the constitutional question in the case was moot, Justice Scott Crichton wrote.

Justice Jefferson Hughes was the only member of the court to disagree.

“Advances in law and science recognize that juveniles are developmentally different from adults, with significant psychological difference,” Hughes wrote in a brief dissent, adding: “The law should alleviate unconstitutional results, not avoid them.”

Two other judges agreed with the majority ruling that the man couldn’t appeal - but they said the requirement is unconstitutional and should be changed by lawmakers.

Retired Judge Michael Kirby, appointed to temporarily fill in for Justice Marcus Clark, wrote a separate concurring opinion, agreeing the appeal was barred on procedural grounds.

“Nonetheless, I write separately to express my opinion that the imposition of lifetime sex offender registration on a 14-year old child violates the Eighth Amendment of the United States Constitution and the Louisiana Constitution’s prohibition against excessive sentences,” Kirby wrote. The Eighth Amendment prohibits excessive fines and “cruel and unusual punishment.”

Kirby said the Legislature should address the issue raised by the case.

Appeals Court Judge Susan Chehardy, temporarily filing a vacant Supreme Court seat, said she agreed with Kirby’s reasons.

The law in question applies to juveniles who were 14 or older when the crime was committed. In a separate opinion Tuesday, the court also was faced with the issue in the case of another juvenile convicted of the rape of a child. But the court found that case couldn’t be used to address the sex registration issue because there was insufficient evidence to show that the defendant had reached the age of 14 when the crime was committed.

Source link
Read also:
New York Post › 1 month ago
A group of sex offenders in Georgia is suing the Butts County Sheriff’s office for posting “No Trick-or-Treat” signs on their homes. The Butts County Sheriff said he is using the signs to keep kids safe, but the sex offenders argued they are a...
Business Insider › Entertainment › 1 week ago
Tinder, OkCupid, PlentyofFish, and other free dating apps owned by Match Group do not screen whether users are registered sex offenders. That lack of screening has allowed sex offenders to frequent the apps, according to a new investigation by...
The New York Times › 1 month ago
Three sex offenders in a Georgia county are suing the sheriff over signs warning families not to trick-or-treat at the offenders' homes.
The Sun › Incident › 1 month ago
TEESSIDE has the highest proportion of registered sex offenders in the country, new figures have revealed. The area has 166 registered sexual offenders living in the community for every 100,000 people over ten years old – the criminal age of...
ABC News › 6 days ago
Several staff members at a juvenile detention center in Tennessee have been placed on leave while a juvenile court reviews the escape of four teenagers
Telegraph › Incident › 1 month ago
Paedophile hunters "overstepped the mark" when they falsely imprisoned and attacked two men that they suspected of being child sex offenders, a court has heard.
The Sun › 2 weeks ago
RECORD numbers of sex attackers and violent criminals are roaming free in Britain – with the alarming number doubling to 82,000, The Sun Online can reveal. Shocking figures show 60,294 are registered sex offenders free to live next door to to...
USA Today › 2 weeks ago
National grade on juvenile sex trafficking is a B up from failing in 2011, but two states – Maine and South Dakota – still received D grades.
The Guardian › Politics › 2 months ago
Violent and sex offenders in England and Wales to serve two-thirds of sentence in jailViolent and sex offenders in England and Wales will no longer be automatically released halfway through their jail sentence under government plans that will increase...
Chronicle Live › 1 month ago
Jack Whitfield-Gash was jailed for sexual activity with a child and placed on the sex offenders register but has breached the requirements five times
Sign In

Sign in to follow sources and tags you love, and get personalized stories.

Continue with Google