More than 100 sex offenders are challenging Idaho’s
laws that require registration and community notification of sex offenders,
saying the laws violate an array of constitutional rights, from the prohibition
on double jeopardy to freedom of religion, reported the Idaho Statesman.
Twin Falls lawyer Greg Fuller sued Thursday in Boise
federal court on behalf of 104 unnamed sexual offenders, identified as John or
Jane Does 1-104. The lawsuit seeks a permanent order to stop the state and its
counties from enforcing some portions of the law.
Here is how the lawsuit says other constitutional
guarantees are violated:
Due process: Idaho law is vague, and it
reassesses offenders and subjects them to new restrictions without a hearing.
Equal protection: The laws are designed to
burden an unpopular group.
Religious freedom: Some churches and other
places of worship fall within the places certain sex offenders cannot be,
thereby interfering with offenders’ rights to practice religion.
Cruel and unusual punishment: The laws impose
excessive punishment, community-notification requirements that can subject sex
offenders to violence at the hands of vigilantes.
Double jeopardy: The laws impose new
punishments on sex offenders previously convicted based on the crime originally
committed.
Contracts: The laws impose new non-negotiated
terms on previously negotiated plea agreements.
Takings: The laws place residential and
movement restrictions on sex offenders, restricting property rights.
Separation of powers: The laws vacate earlier
court judgments setting sex offenders’ classifications, community-notification
requirements and length of times sex offenders must register.
The 73-page complaint names more than 35 defendants,
including Idaho Attorney General Lawrence Warden, Idaho Department of
Correction Director Kevin Kempf, Idaho State Police Director Col. Ralph Powell,
and the sheriffs of the 21 counties where the plaintiffs reside.
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1 comment:
I hate Idaho. I was falsely accused of an internet enticement case out of ada county. Case number h0100126. I truly did not get online. In other words, I truly didn't commit the crimr. I now live in utah. Due to a felony conviction for aggravated assault while on the sex offender registry ( I used my car to get my wife off the road because she was driving drunk ), I now can't petition Idaho to be removed from.the registry. What a shameful state. Had I been falsely accused of the internet enticement case in Utah, I would have only been required to register for ten years, and right now I would be off the registry.
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