Symposium: Predators, Porn & the Law

Admin

The growing enactment of sex offender restrictions has been one of the most notable developments in criminal law in recent decades. Thus far, courts across the country have been relatively complacent in allowing legislatures to test the limits of various civil liberties. The Ex Post Facto Clause has been among the first constitutional victims of these new laws. Whereas the Clause was once construed as a substantive right protecting citizens against vindictive or arbitrary legislative actions often based upon the hysteria of the moment, it has become a hollow shell of its original form. Because courts have narrowly construed the purpose of the Clause to fair notice, the right underlying the Clause has ceased being substantive and become entirely process based. The result of this transformation is that the courts have provided a set of sure-fire legislative recipes for extremely punitive criminal statutes to survive challenges based upon the Ex Post Facto Clause. Full Article

Related posts

Subscribe
Notify of
We welcome a lively discussion with all view points - keeping in mind...  
  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t
  4. Please stay on topic - both in terms of the organization in general and this post in particular.
  5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  6. Please take personal conversations off this forum.
  7. We will not publish any comments advocating for violent or any illegal action.
  8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  10. Please do not post in all Caps.
  11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  13. We will not publish any posts containing any names not mentioned in the original article.
  14. Please choose a short user name that does not contain links to other web sites or identify real people
  15. Please do not solicit funds
  16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
  17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

1 Comment
Inline Feedbacks
View all comments

Extremely well written article, definitely worth the download and read. If one doesn’t think we are headed down the same road as 1930’s Germany after reading this article, he or she is sorely mistaken.

0
Reply