Indy judge strikes down sex registry law

[Newsjock]

Source: Indianapolis Star

A federal court in Indianapolis ruled today that a major portion of the revised Indiana sex offender law cannot be enforced.

The ruling came one week before the new law would have gone into effect. The modified law would have required that convicted sex offenders, after they served their sentences and probation and parole time, agree to have their personal computers searched at any time and to allow their Internet access to be monitored.

Today, U.S. District Court in Indianapolis ruled that requirement of the new law went too far.

“These plaintiffs have rights under the Fourth Amendment,” District Judge David F. Hamilton wrote in his ruling. “The state may not force them to waive those rights under threat of criminal prosecution for failing to do so.”

... “This statute is unusually broad,” Kenneth Falk, legal director of the American Civil Liberties Union of Indiana, said today after the ruling was handed down. “There is no statute in America that is comparable.”

Read more: http://www.indystar.com/apps/pbcs.dll/article?AID=/20080624/NEWS02/806240435

[proud2BlibKansan]

1. Good

Some of these sex offender laws are insane.

[cstanleytech]

2. Only some? I think most of them are, I mean it makes perfect sense for them to register

with the police, they should know after all whos in their area but I oppose the whole posting of their addresses for any psycho to lookup, after all there already have been a few killings of innocent people who were mistaken for the offender because they live at the address listed but the offender moved out.
Plus there is the whole stink of the scarlet letter punishment of forcing them to move out of the cities by passing laws not allowing them to live within a 1000 feet of anyplace where children gather including stop signs and then letting the public know that they are living in the area, if they are so fearful of them hurting a child then implant some freaking RFID tracking or something in them if they are a real threat.

[Solon]

3. One of the biggest problems is that the term "sex offender" is far too broad...

as to be meaningless. Not everyone who has to register is even a sex offender of the victimize others category. Piss in a public place, such as behind a tree in a park, you get labeled a sex offender, be a 19 year old, having sex with your 17 year old SO, get labeled as a sex offender, even worse, two minors go at it in the young teen years, BOTH get labeled sex offenders. Its actually ridiculous how large the umbrella is for the term that it actually weakens the effectiveness of these insidious laws.

[Downtown Hound]

6. Exactly. The term as the law defines it is far too broad

People that are not real sex offenders are being forced to go through a terrible stigma and essentially have any future employment available to them sever ly limited. These laws need to be seriously revised now.

[Spouting Horn]

10. You're right

Those who would have to carry the "Sex offender" tag for the rest of their lives should be limited to those creeps who are guilty of rape/sexual assault.

A Senior having sex with a Sophomore shouldn't be punished for the rest of his life.

I have heard before that someone caught pissing in public has been labeled a "sex offender." Is there a source for this? Was it a first offense?

[LiberalFighter]

4. They don't need a requirement to register with the police

What IS needed is a rational determination by the judge/prosecutor to determine what probation requirements are needed for each specific individual after serving prison time. They shouldn't lump all sex related incidents as sexual offenders. Those that meet the level should be required to report their whereabouts while serving probation to the probation department. The time they would be required to serve while on probation should also include factors such as repeat offender.

Maybe they should increase the number of probation or police officers with the assignment of making more spot checks on those on probation with sex related crimes.

[cstanleytech]

5. Actually, registering with the police makes sense because it lets the

cops check likely possible suspects off of a list if say a child is kidnapped/molested or if someone is raped or murdered, thats why I dont oppose a database for police departments to use.
Edit: Well the general public and schools and daycares when someone is trying to get a job.

[Dr.Phool]

7. Then have a pedophile registry.

[LiberalFighter]

8. They wouldn't need to register with the police if they register with their probation officer

Then the police would check with the probation officer.

[Dogtown]

9. Bogeyman Law

They propose these laws based on the premise that no-one will object to any abrogation of the rights of the pariah "!!sex-offender!!". Even within a progressive group like DU, there is a rabid reaction to this term and a blanket condemnation.

First it will be the "sex offenders"; next the dreaded "Pusherman".

Then the sex-crazed drug fiends...

ALL CITIZENS DESERVE THE SAME RIGHTS!

If we allow our emotions to be triggered so readily, we're really not any better than a mob.

Also, as has been pointed out elsewhere inthread, sex offenses can include "public urination". If that's too tame for you, it becomes "indecent exposure".

"indecent exposure" calls to public mind the "weinie whacker"; the creep that exposes his privates to kids, but the officer has observed the letter of the law, no matter that the intoxicated urinator was relieving his bladder in the train-yards at 3:00 AM, he's a "sex offender" for the rest of his life, to be rousted anytime there's an "Amber Alert".

Here's another: "Lewd and Lascivious" behavior. Depending on the cop observing, that could be 2 people exchanging a passionate kiss before 1 gets in the cab to the airport. Especially if it's some homophobic porker observing 2 males kissing passionately.
"Back-door" justice visited upon two men in love.

For life!

Before the pile-on of the outraged begins, reflect, people. You're being had. There are hundreds if not thousands of "sex offenses" committed daily in this country that have absolutely nothing to do with child-rapists.

[cstanleytech]

12. Agreed, I think i will try to post a more clear post on what I was trying to say

but not right now, to tired.

[noonwitch]

11. The searching computers is impossible for the DOC, anyways

One parolee could have access to multiple computers.

the goal should be catching them when the commit a computer crime, before they get hold of a kid. A convicted sex offender is not going to use the same computer that he lets his parole officer look through to troll for kiddies on the internet.