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Volumn 41, Issue 4, 2008, Pages 479-509

Setting their record straight: Granting wrongly branded individuals relief from sex offender registration
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EID: 56249132670     PISSN: 00101923     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article
Times cited : (1)

References (208)
  • 1
    • 56249122566 scopus 로고    scopus 로고
    • Innocence Project, http://www.innocenceproject.org/Content/259.php (last visited Feb. 12, 2008).
    • Innocence Project, http://www.innocenceproject.org/Content/259.php (last visited Feb. 12, 2008).
  • 2
    • 56249113304 scopus 로고    scopus 로고
    • Id
    • Id.
  • 3
    • 56249120216 scopus 로고    scopus 로고
    • Id
    • Id.
  • 4
    • 56249132088 scopus 로고    scopus 로고
    • TARYN SIMON, PETER NEUFELD & BARRY SCHECK, THE INNOCENTS 64 (2d ed. 2003) (quoting Samuel Scott).
    • TARYN SIMON, PETER NEUFELD & BARRY SCHECK, THE INNOCENTS 64 (2d ed. 2003) (quoting Samuel Scott).
  • 5
    • 56249119164 scopus 로고    scopus 로고
    • Id
    • Id.
  • 6
    • 56249126327 scopus 로고    scopus 로고
    • See, e.g., Joseph L. Lester, Off to Elba! The Legitimacy of Sex Offender Residence and Employment Restrictions, 40 AKRON L. REV. 339, 340 (2007) (noting that those lobbying for sex offenders are neither large nor vocal and that officials may be [o]verborne by a mob mentality when they enact laws regulating convicted sex offenders);
    • See, e.g., Joseph L. Lester, Off to Elba! The Legitimacy of Sex Offender Residence and Employment Restrictions, 40 AKRON L. REV. 339, 340 (2007) (noting that those lobbying for sex offenders are "neither large nor vocal" and that officials may be "[o]verborne by a mob mentality" when they enact laws regulating convicted sex offenders);
  • 7
    • 34547217476 scopus 로고    scopus 로고
    • see also Andrea E. Yang, Comments and Casenotes, Historical Criminal Punishments, Punitive Aims and Un-Civil Post-Custody Sanctions on Sex Offenders: Reviving the Ex Post Facto Clause as a Bulwark of Personal Security and Private Rights, 75 U. CIN. L. REV. 1299, 1319 n.143 (2007, citing Doe v. Pataki, 940 F. Supp. 603, 605 (S.D.N.Y. 1996, aff'd in part, rev'd in part, 120 F.3d 1263 (2d Cir. 1997, Supporting the state's sex offender registration law, members of the New York State legislature referred to sex offenders as 'depraved, the lowest of the low, animals, and 'the human equivalent of toxic waste, Onemember flatly stated: 'We are coming out to get them, quoting N.Y. State Assembly Debate Minutes, at 360-61, 393, 417 June 28, 1995
    • see also Andrea E. Yang, Comments and Casenotes, Historical Criminal Punishments, Punitive Aims and Un-"Civil" Post-Custody Sanctions on Sex Offenders: Reviving the Ex Post Facto Clause as a Bulwark of Personal Security and Private Rights, 75 U. CIN. L. REV. 1299, 1319 n.143 (2007) (citing Doe v. Pataki, 940 F. Supp. 603, 605 (S.D.N.Y. 1996), aff'd in part, rev'd in part, 120 F.3d 1263 (2d Cir. 1997)) (Supporting the state's sex offender registration law, "members of the New York State legislature referred to sex offenders as 'depraved,' 'the lowest of the low,' 'animals,' and 'the human equivalent of toxic waste.' Onemember flatly stated: 'We are coming out to get them.'" (quoting N.Y. State Assembly Debate Minutes, at 360-61, 393, 417 (June 28, 1995))).
  • 8
    • 56249141448 scopus 로고    scopus 로고
    • Yang, supra note 6, at 1318-19;
    • Yang, supra note 6, at 1318-19;
  • 9
    • 56249147781 scopus 로고    scopus 로고
    • Ga. Laws 582;
    • see, e.g., 2008 Ga. Laws 582;
    • (2008) see, e.g
  • 10
    • 56249132633 scopus 로고    scopus 로고
    • see also Shaila Dewan, Homelessness Could Mean Life in Prison for Offender, N.Y. TIMES, Aug. 3, 2007, at A13, available at http://www.nytimes.coin/2007/08/03/us/03b.oineless.html (focusing on a case in which a homeless offender, who had been convicted of failing to register because he did not have an address, faced a life sentence because this was his second conviction for failing to register and generally describing how tough laws would force sex offenders from Georgia).
    • see also Shaila Dewan, Homelessness Could Mean Life in Prison for Offender, N.Y. TIMES, Aug. 3, 2007, at A13, available at http://www.nytimes.coin/2007/08/03/us/03b.oineless.html (focusing on a case in which a homeless offender, who had been convicted of failing to register because he did not have an address, faced a life sentence because this was his second conviction for failing to register and generally describing how tough laws would force sex offenders from Georgia).
  • 11
    • 56249136520 scopus 로고    scopus 로고
    • Dana Neaçsu, Tempest in a Teacup or the Mystique of Sexual Legal Disclosure, 38 GONZ. L. REV. 601, 641 (2003)
    • Dana Neaçsu, Tempest in a Teacup or the Mystique of Sexual Legal Disclosure, 38 GONZ. L. REV. 601, 641 (2003)
  • 12
    • 56249092065 scopus 로고    scopus 로고
    • (citing Megan's Law: A Scarlet Letter -Are Sex Offenders Being Punished Too Bluntly?, ECONOMIST, Nov. 16, 2002, at 27).
    • (citing Megan's Law: A Scarlet Letter -Are Sex Offenders Being Punished Too Bluntly?, ECONOMIST, Nov. 16, 2002, at 27).
  • 13
    • 21344437052 scopus 로고    scopus 로고
    • See Samuel R. Gross et al., Exonerations in the United States 1989 through 2003, 95 J. CRIM. L. & CRIMINOLOGY 523, 525 (2005) (noting that the researchers had to use media sources, which undoubtedly missed some cases, to find much of the information concerning exonerations because [t]here is no national registry of exonerees or an easy way to identify which pardons or dismissals resulted from innocence).
    • See Samuel R. Gross et al., Exonerations in the United States 1989 through 2003, 95 J. CRIM. L. & CRIMINOLOGY 523, 525 (2005) (noting that the researchers had to use media sources, which undoubtedly missed some cases, to find much of the information concerning exonerations because "[t]here is no national registry of exonerees" or an easy way to identify which pardons or dismissals resulted from innocence).
  • 14
    • 56249137218 scopus 로고    scopus 로고
    • Fear and moral absolutism are responsible for laws that fly in the face of science and that provide solutions for neither the victims nor the offenders. Deborah Agus, Letter to the Editor, The Case of the Juvenile Sex Offender, N.Y. TIMES MAG., Aug. 12, 2007, at 8, available at http://query.nytimes.com/gst/fullpage.html (search Archives for Case of the Juvenile Sex Offender). To say the least, sex offending, especially child sexual abuse, has long been a source of moral panic. John Douard, Loathing the Sinner, Medicalizing the Sin: Why Sexually Violent Predator Statutes Are Unjust, 30 INT'L J.L. & PSYCHIATRY 36, 42 (2007).
    • "Fear and moral absolutism are responsible for laws that fly in the face of science and that provide solutions for neither the victims nor the offenders." Deborah Agus, Letter to the Editor, The Case of the Juvenile Sex Offender, N.Y. TIMES MAG., Aug. 12, 2007, at 8, available at http://query.nytimes.com/gst/fullpage.html (search "Archives" for "Case of the Juvenile Sex Offender"). To say the least, "sex offending, especially child sexual abuse, has long been a source of moral panic." John Douard, Loathing the Sinner, Medicalizing the Sin: Why Sexually Violent Predator Statutes Are Unjust, 30 INT'L J.L. & PSYCHIATRY 36, 42 (2007).
  • 15
    • 56249108035 scopus 로고    scopus 로고
    • See, e.g., OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
    • See, e.g., OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
  • 16
    • 56249088248 scopus 로고    scopus 로고
    • Emily Horowitz, Growing Media and Legal Attention to Sex Offenders: More Safety or More Injustice?, 7 J. INST. JUST. INT'L STUD. 143, 144 (2007) (citing various scholarship concerning sex abuse hysteria).
    • Emily Horowitz, Growing Media and Legal Attention to Sex Offenders: More Safety or More Injustice?, 7 J. INST. JUST. INT'L STUD. 143, 144 (2007) (citing various scholarship concerning sex abuse hysteria).
  • 17
    • 56249108374 scopus 로고    scopus 로고
    • This Note uses the terms wrongful and wrongfully to describe labeling that has occurred prematurely before a trial or erroneously following a conviction or declaration. See BLACK'S LAW DICTIONARY 1644 8th ed. 2004, defining wrongful as characterized by unfairness or injustice, In this Note, quotation marks surrounding the words sex offender indicate wrongful labeling
    • This Note uses the terms "wrongful" and "wrongfully" to describe labeling that has occurred prematurely before a trial or erroneously following a conviction or declaration. See BLACK'S LAW DICTIONARY 1644 (8th ed. 2004) (defining "wrongful" as "characterized by unfairness or injustice"). In this Note, quotation marks surrounding the words "sex offender" indicate wrongful labeling.
  • 18
    • 0011831772 scopus 로고    scopus 로고
    • Learning from Our Mistakes: A Criminal Justice Commission to Study Wrongful Convictions, 38
    • Keith A. Findley, Learning from Our Mistakes: A Criminal Justice Commission to Study Wrongful Convictions, 38 CAL. W. L. REV. 333, 335-36 (2002).
    • (2002) CAL. W. L. REV , vol.333 , pp. 335-336
    • Findley, K.A.1
  • 19
    • 56249089991 scopus 로고    scopus 로고
    • Jennifer Graddy, The Ethical Protocol for Collecting DNA Samples in the Criminal Justice System, 59 J. MO. B. 226, 230 n.75 (2003) (quoting HARLAN LEVY, AND THEBLOOD CRIED OUT: A PROSECUTOR'S SPELLBINDING ACCOUNT OF THE POWER OF DNA 190 (Basic Books 1996)).
    • Jennifer Graddy, The Ethical Protocol for Collecting DNA Samples in the Criminal Justice System, 59 J. MO. B. 226, 230 n.75 (2003) (quoting HARLAN LEVY, AND THEBLOOD CRIED OUT: A PROSECUTOR'S SPELLBINDING ACCOUNT OF THE POWER OF DNA 190 (Basic Books 1996)).
  • 20
    • 56249128219 scopus 로고    scopus 로고
    • This Note uses the term brand to describe the labeling of sex offenders, due to the symbolic nature of that label. See Doe v. Pryor, 61 F. Supp. 2d 1224, 1231 (M.D. Ala. 1999, Notification will clearly brand the plaintiff as a 'criminal sex offender, a badge of infamy that, strongly implies that he is a likely recidivist and a danger to his community, see also State v. Bani, 36 P.3d 1255, 1264 Haw. 2001, The statute effectively brands Bani a 'sex offender, i.e, a public danger, for life
    • This Note uses the term "brand" to describe the labeling of sex offenders, due to the symbolic nature of that label. See Doe v. Pryor, 61 F. Supp. 2d 1224, 1231 (M.D. Ala. 1999) ("Notification will clearly brand the plaintiff as a 'criminal sex offender'... a badge of infamy" that. . . strongly implies that he is a likely recidivist and a danger to his community."); see also State v. Bani, 36 P.3d 1255, 1264 (Haw. 2001) ("The statute effectively brands Bani a 'sex offender,' i.e., a public danger, for life.");
  • 21
    • 56249121863 scopus 로고    scopus 로고
    • KAREN J. TERRY & JOHN S. FURLONG, SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION: A MEGAN'S LAW SOURCEBOOK J 2.1, at 1-18 (2d ed. Supp. 2006) (The sex offender undoubtedly feels branded through the registration and notification process in a system eerily reminiscent of Hawthorne's Scarlet Letter (with twenty-first-century electronic notifications replacing an 'A' worn round the neck.));
    • KAREN J. TERRY & JOHN S. FURLONG, SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION: A "MEGAN'S LAW" SOURCEBOOK "J 2.1, at 1-18 (2d ed. Supp. 2006) ("The sex offender undoubtedly feels branded through the registration and notification process in a system eerily reminiscent of Hawthorne's Scarlet Letter (with twenty-first-century electronic notifications replacing an 'A' worn round the neck."));
  • 22
    • 56249112271 scopus 로고    scopus 로고
    • Lester, supra note 6, at 348 (noting that [w]hen abusing a child is considered worse than murdering a child, there is little doubt the term 'sex offender' brands a deep mark).
    • Lester, supra note 6, at 348 (noting that "[w]hen abusing a child is considered worse than murdering a child, there is little doubt the term 'sex offender' brands a deep mark").
  • 23
    • 56249122565 scopus 로고    scopus 로고
    • See, e.g., Roma Khanna & Steve McVicker, 'Troubling' Cases Surface in Report on HPD Crime Lab, HOUS. CHRON., June 17, 2007, at Al, A17, available at http://www.chron.com/disp/story.mpl/ front/4896367.html (discussing the investigation of the Houston Police Department crime lab's errors).
    • See, e.g., Roma Khanna & Steve McVicker, 'Troubling' Cases Surface in Report on HPD Crime Lab, HOUS. CHRON., June 17, 2007, at Al, A17, available at http://www.chron.com/disp/story.mpl/ front/4896367.html (discussing the investigation of the Houston Police Department crime lab's errors).
  • 24
    • 56249119521 scopus 로고    scopus 로고
    • Findley, supra note 14, at 337 (noting that offenders do not leave biological evidence in most cases and that this evidence is not useful if the disputed issue deals with intent or consent, instead of identity);
    • Findley, supra note 14, at 337 (noting that offenders do not leave biological evidence in most cases and that this evidence is not useful if the disputed issue deals with intent or consent, instead of identity);
  • 25
    • 9444294383 scopus 로고    scopus 로고
    • The Problem of False Confessions in the Post-DNA World, 82
    • see also
    • see also Steven A. Drizin & Richard A. Leo, The Problem of False Confessions in the Post-DNA World, 82 N.C. L. REV. 891 (2004).
    • (2004) N.C. L. REV , vol.891
    • Drizin, S.A.1    Leo, R.A.2
  • 26
    • 56249112607 scopus 로고    scopus 로고
    • SEE, E.G., C. RONALD HUFF, ARYE RATTNER & EDWARD SAGARIN, CONVICTED BUT INNOCENT: WRONGFUL CONVICTION AND PUBLIC POLICY 5, 79 (1996).
    • SEE, E.G., C. RONALD HUFF, ARYE RATTNER & EDWARD SAGARIN, CONVICTED BUT INNOCENT: WRONGFUL CONVICTION AND PUBLIC POLICY 5, 79 (1996).
  • 27
    • 76649112070 scopus 로고    scopus 로고
    • Data Matching, Data Mining, and Due Process, 40
    • discussing the growing acceptance of erroneous indications of criminality
    • Daniel J. Steinbock, Data Matching, Data Mining, and Due Process, 40 GA. L. REV. 1, 17-18 (2005) (discussing the growing acceptance of erroneous "indications of criminality").
    • (2005) GA. L. REV , vol.1 , pp. 17-18
    • Steinbock, D.J.1
  • 28
    • 56249092064 scopus 로고    scopus 로고
    • Id. at 18-19
    • Id. at 18-19.
  • 29
    • 56249136878 scopus 로고    scopus 로고
    • This Note acknowledges that this notoriety was also due to a stripper's presence and underage drinking. See, e.g, Duke Lacrosse Scandal Sheds New Light on the Stripper Industry: A Campus Trend, ABC NEWS, Apr. 24, 2006
    • This Note acknowledges that this notoriety was also due to a stripper's presence and underage drinking. See, e.g., Duke Lacrosse Scandal Sheds New Light on the Stripper Industry: A Campus Trend?, ABC NEWS, Apr. 24, 2006, http://abcnews.go.com/ US/LegalCenter/story?id=1882072&page=1.
  • 31
    • 56249091385 scopus 로고    scopus 로고
    • Minutes: Duke Rape Case Allegations (CBS television broadcast Oct. 15, 2006). The tendency to look for evidence confirming one's initial inclination, rather than contradicting it, is known as confirmation bias. MARTIN YANT, PRESUMED GUILTY: WHEN INNOCENT PEOPLE ARE WRONGLY CONVICTED 46 (1991).
    • Minutes: Duke Rape Case Allegations (CBS television broadcast Oct. 15, 2006). The tendency to look for evidence confirming one's initial inclination, rather than contradicting it, is known as confirmation bias. MARTIN YANT, PRESUMED GUILTY: WHEN INNOCENT PEOPLE ARE WRONGLY CONVICTED 46 (1991).
  • 32
    • 56249120214 scopus 로고    scopus 로고
    • Although officials attempted to correct this tragic rush to accuse before it led to a wrongful conviction, Duff Wilson & David Barstow, Duke Prosecutor Throws Out Case Against Players, N.Y. TIMES, Apr. 12, 2007, at Al (quoting Roy A. Cooper, North Carolina's attorney general, some scholars wonder about this rush's implication for poor minority defendants, who would not necessarily have the resources to fight an overly aggressive prosecutor or false public accusations. 60 Minutes: Duke Rape Case Allegations CBS television broadcast Oct. 15, 2006, James Coleman, a well-known Duke law school professor, who is African American, wondered: What does it say about what [a prosecutor's] willing to do to get poor black defendants
    • Although officials attempted to correct this "tragic rush to accuse" before it led to a wrongful conviction, Duff Wilson & David Barstow, Duke Prosecutor Throws Out Case Against Players, N.Y. TIMES, Apr. 12, 2007, at Al (quoting Roy A. Cooper, North Carolina's attorney general), some scholars wonder about this rush's implication for poor minority defendants, who would not necessarily have the resources to fight an overly aggressive prosecutor or false public accusations. 60 Minutes: Duke Rape Case Allegations (CBS television broadcast Oct. 15, 2006) (James Coleman, a well-known Duke law school professor, who is African American, wondered: "What does it say about what [a prosecutor's] willing to do to get poor black defendants?").
  • 33
    • 56249085558 scopus 로고    scopus 로고
    • Although this Note acknowledges that several other factors contribute to the persistence of wrongful accusations and convictions, those factors are beyond its scope. These factors include eyewitness misidentification, absent attorneys, and racial animus. SEE, E.G, BARRY SCHECK, PETER NEUFELD & JIM DWYER, ACTUAL INNOCENCE: FIVE DAYS TO EXECUTION, AND OTHER DISPATCHES FROM THE WRONGLY CONVICTED 73, 187, 190-91, 203-209 (2000, illustrating several examples of convicted sex offenders who have been proven innocent);
    • Although this Note acknowledges that several other factors contribute to the persistence of wrongful accusations and convictions, those factors are beyond its scope. These factors include eyewitness misidentification, absent attorneys, and racial animus. SEE, E.G., BARRY SCHECK, PETER NEUFELD & JIM DWYER, ACTUAL INNOCENCE: FIVE DAYS TO EXECUTION, AND OTHER DISPATCHES FROM THE WRONGLY CONVICTED 73, 187, 190-91, 203-209 (2000) (illustrating several examples of convicted "sex offenders" who have been proven innocent);
  • 34
    • 56249113773 scopus 로고    scopus 로고
    • HUFF ET AL., supra note 19, at 28-29, 75-76 (describing the role of community pressure to convict in various cases, including the Scottsboro boys case that led to the rape conviction of nine innocent black men);
    • HUFF ET AL., supra note 19, at 28-29, 75-76 (describing the role of community pressure to convict in various cases, including the Scottsboro boys case that led to the rape conviction of nine innocent black men);
  • 35
    • 56249128944 scopus 로고    scopus 로고
    • MICHAEL L. RADELET, HUGO ADAM BEDAU & CONSTANCE E. PUTNAM, IN SPITE OF INNOCENCE 116-118, 136-138 (1992) (discussing cases involving racial animus). According to an Innocence Project study, eyewitness misidentification had a role in eighty-four percent of the wrongful convictions they studied.
    • MICHAEL L. RADELET, HUGO ADAM BEDAU & CONSTANCE E. PUTNAM, IN SPITE OF INNOCENCE 116-118, 136-138 (1992) (discussing cases involving racial animus). According to an Innocence Project study, eyewitness misidentification had a role in eighty-four percent of the wrongful convictions they studied.
  • 36
    • 56249100037 scopus 로고    scopus 로고
    • supra, at
    • SCHECK ET AL., supra, at 73.
    • ET AL, S.1
  • 37
    • 56249126761 scopus 로고    scopus 로고
    • Horowitz, supra note 12, at 144-47
    • Horowitz, supra note 12, at 144-47.
  • 38
    • 56249099008 scopus 로고    scopus 로고
    • Id. at 148
    • Id. at 148.
  • 39
    • 56249086815 scopus 로고    scopus 로고
    • Id. at 147
    • Id. at 147.
  • 40
    • 56249127845 scopus 로고    scopus 로고
    • Id
    • Id.
  • 41
    • 56249117670 scopus 로고    scopus 로고
    • Id. at 148
    • Id. at 148.
  • 42
    • 56249105074 scopus 로고    scopus 로고
    • This Note will not discuss other methods of branding sex offenders in detail. New methods proposed include, for example, requiring sex offenders to use a green license plate. Jim Avila, Mary Harris & Chris Francescani, Misguided Measures: New Sex Offender Laws May Cause Bigger Problems Than They Prevent, ABC NEWS, Mar. 7, 2007, states that have not implemented other methods of branding sex offenders have made it easier to track those whose names appear on a sex offender list. For instance, Missouri expanded its online sex offender database to allow the public to see a detailed physical description, place of employment, and the kind of vehicle the sex offender drives
    • This Note will not discuss other methods of branding sex offenders in detail. New methods proposed include, for example, requiring sex offenders to use a green license plate. Jim Avila, Mary Harris & Chris Francescani, Misguided Measures: New Sex Offender Laws May Cause Bigger Problems Than They Prevent, ABC NEWS, Mar. 7, 2007, http://abcnews.go.conVWNT/print? id=2931817. In addition, states that have not implemented other methods of branding sex offenders have made it easier to track those whose names appear on a sex offender list. For instance, Missouri expanded its online sex offender database to allow the public to see a detailed physical description, place of employment, and the kind of vehicle the sex offender drives.
  • 44
    • 56249132632 scopus 로고    scopus 로고
    • OHIO REV. CODE ANN. § 2721.21(B)-(C) (West 2006 & Supp. 2008).
    • OHIO REV. CODE ANN. § 2721.21(B)-(C) (West 2006 & Supp. 2008).
  • 45
    • 56249107678 scopus 로고    scopus 로고
    • Id. § 2721.21(D).
    • Id. § 2721.21(D).
  • 46
    • 56249093788 scopus 로고    scopus 로고
    • As it is with criminal registries, failing to verify one's address is a felony offense under this law. Id. (citing § 3797.04(C)(1)(d)).
    • As it is with criminal registries, failing to verify one's address is a felony offense under this law. Id. (citing § 3797.04(C)(1)(d)).
  • 47
    • 56249140768 scopus 로고    scopus 로고
    • citing § 3797.080
    • Id. (citing § 3797.08(0).
    • Heavin, J.1
  • 48
    • 56249125258 scopus 로고    scopus 로고
    • The totality of procedural safeguards in the criminal process include the exclusionary rule, presumption of innocence, defendant's right against self-incrimination, and the standard of proof beyond a reasonable doubt. WAYNE R. LAFAVE, JEROLD H. ISRAEL & NANCY J. KING, l CRIMINAL PROCEDURE § 1.3 (2d ed. 1999 & Supp. 2007).
    • The totality of procedural safeguards in the criminal process include the exclusionary rule, presumption of innocence, defendant's right against self-incrimination, and the standard of proof beyond a reasonable doubt. WAYNE R. LAFAVE, JEROLD H. ISRAEL & NANCY J. KING, l CRIMINAL PROCEDURE § 1.3 (2d ed. 1999 & Supp. 2007).
  • 49
    • 56249099007 scopus 로고    scopus 로고
    • Of course, this civil statute does not impose prison time
    • Of course, this civil statute does not impose prison time.
  • 50
    • 56249092752 scopus 로고    scopus 로고
    • While several courts have upheld the constitutionality of public notification laws, these courts have not examined civil registration requirements that are not attached to a criminal punishment and are based on a preponderance of the evidence standard
    • While several courts have upheld the constitutionality of public notification laws, these courts have not examined civil registration requirements that are not attached to a criminal punishment and are based on a preponderance of the evidence standard.
  • 51
    • 56249085238 scopus 로고    scopus 로고
    • Courts have found that certain labeling violates the Fourteenth Amendment's Due Process Clause, U.S. CONST, amend. XTV, § 1. See Vitek v. Jones, 445 U.S. 480 (1980) (obliging the states to provide process before imposing stigmatizing labels and behavior modification therapy on individuals in their custody);
    • Courts have found that certain labeling violates the Fourteenth Amendment's Due Process Clause, U.S. CONST, amend. XTV, § 1. See Vitek v. Jones, 445 U.S. 480 (1980) (obliging the states to provide process before imposing stigmatizing labels and behavior modification therapy on individuals in their custody);
  • 52
    • 56249083520 scopus 로고    scopus 로고
    • see also Coleman v. Dretke, 409 F.3d 665 (5th Cir. 2005, finding that prisoners who have not been convicted of sex offenses have a liberty interest in being free from sex offender registration and conditions if they have not received due process and distinguishing Connecticut Department of Public Safety v. Doe, 538 U.S. 1, 6-7 (2003, which stated that procedural due process principles generally did not prohibit states from implementing public notification laws, Neal v. Shimoda, 131 F.3d 818 (9th Cir. 1997, finding that the state had violated the Due Process Clause when its parole agency identified certain inmates as sex offenders and required that they participate in a treatment program before they could become eligible for parole, even if the charge had formerly been dismissed in court; but see Paul v. Davis, 424 U.S. 693, 701 1976, holding that an interest in reputation alone was not a protected liberty interest, Furthermore, at least one court
    • see also Coleman v. Dretke, 409 F.3d 665 (5th Cir. 2005) (finding that prisoners who have not been convicted of sex offenses have a liberty interest in being free from sex offender registration and conditions if they have not received due process and distinguishing Connecticut Department of Public Safety v. Doe, 538 U.S. 1, 6-7 (2003), which stated that procedural due process principles generally did not prohibit states from implementing public notification laws); Neal v. Shimoda, 131 F.3d 818 (9th Cir. 1997) (finding that the state had violated the Due Process Clause when its parole agency identified certain inmates as "sex offenders" and required that they participate in a treatment program before they could become eligible for parole, even if the charge had formerly been dismissed in court; but see Paul v. Davis, 424 U.S. 693, 701 (1976) (holding that an interest in reputation alone was not a protected liberty interest). Furthermore, at least one court has found a liberty interest if the government "charge [s] [an individual] with immorality, dishonesty, or the like, or otherwise stigmatize [s] him in a way that foreclose [s] future employment opportunities." Dupuy v. McDonald, 141 F. Supp. 2d 1090, 1132 (N.D. 111. 2001) (quoting Fittshur v. Village of Menomonee Falls, 31 F.3d 1401, 1409 (7th Cir. 1994)).
  • 53
    • 56249085912 scopus 로고    scopus 로고
    • Horowitz, supra note 12, at 155
    • Horowitz, supra note 12, at 155.
  • 54
    • 56249119520 scopus 로고    scopus 로고
    • State v. Eighth Judicial Dist. Court (Romano), 97 P.3d 594, 605 (Nev. 2004) (Rose, J., dissenting), overruled by Abbott v. State, 138 P.3d 462 (Nev. 2006).
    • State v. Eighth Judicial Dist. Court (Romano), 97 P.3d 594, 605 (Nev. 2004) (Rose, J., dissenting), overruled by Abbott v. State, 138 P.3d 462 (Nev. 2006).
  • 55
    • 56249108698 scopus 로고    scopus 로고
    • Eighth Judicial Dist. Court (Romano), 97 P.3d at 606.
    • Eighth Judicial Dist. Court (Romano), 97 P.3d at 606.
  • 56
    • 34248663020 scopus 로고
    • U.S
    • In re Winship, 397 U.S. 358 (1970).
    • (1970) In re Winship , vol.397 , pp. 358
  • 57
    • 56249141447 scopus 로고    scopus 로고
    • Id. at 371-72 (Harlan, J. concurring) (citation omitted; internal quotation marks omitted).
    • Id. at 371-72 (Harlan, J. concurring) (citation omitted; internal quotation marks omitted).
  • 58
    • 56249119163 scopus 로고    scopus 로고
    • The Ohio Senate may have recognized the role of the standard of proof. OHIO COMM. SYNOPSIS, S.B. 17, 126th LEG., REG. SESS. (Ohio 2005-06) (referring to a clear and convincing evidence standard for placement on the civil registry).
    • The Ohio Senate may have recognized the role of the standard of proof. OHIO COMM. SYNOPSIS, S.B. 17, 126th LEG., REG. SESS. (Ohio 2005-06) (referring to a clear and convincing evidence standard for placement on the civil registry).
  • 59
    • 56249117308 scopus 로고    scopus 로고
    • In re Winship, 397 U.S. at 371-72 (Harlan, J. concurring).
    • In re Winship, 397 U.S. at 371-72 (Harlan, J. concurring).
  • 60
    • 56249114103 scopus 로고    scopus 로고
    • Even criminal sex offender registries, which are based on a procedurally guarded criminal process, sometimes contain errors. See infra Part III.
    • Even criminal sex offender registries, which are based on a procedurally guarded criminal process, sometimes contain errors. See infra Part III.
  • 61
    • 56249147454 scopus 로고    scopus 로고
    • See OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
    • See OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
  • 62
    • 33845234723 scopus 로고    scopus 로고
    • See United States v. Marion, 404 U.S. 307, 321-22 (1971) (noting that the [plassage of time, whether before or after arrest, may impair memories, cause evidence to be lost, deprive the defendant of witnesses, and otherwise interfere with his ability to defend himself while also possibly interfering with the prosecution's case); see also PENNEY LEWIS, DELAYED PROSECUTION FOR CHILDHOOD SEX ABUSE 55-61 (Oxford Univ. Press 2006) (noting potential prejudices resulting from delayed prosecutions).
    • See United States v. Marion, 404 U.S. 307, 321-22 (1971) (noting that the "[plassage of time, whether before or after arrest, may impair memories, cause evidence to be lost, deprive the defendant of witnesses, and otherwise interfere with his ability to defend himself while also possibly interfering with the prosecution's case); see also PENNEY LEWIS, DELAYED PROSECUTION FOR CHILDHOOD SEX ABUSE 55-61 (Oxford Univ. Press 2006) (noting potential prejudices resulting from delayed prosecutions).
  • 63
    • 56249111305 scopus 로고    scopus 로고
    • In re Winship, 397 U.S. at 372 (Harlan, J. concurring).
    • In re Winship, 397 U.S. at 372 (Harlan, J. concurring).
  • 64
    • 84925081881 scopus 로고    scopus 로고
    • The liberty interests at stake in these situations are different, but the underlying desire to protect the innocent exists in both contexts. Furthermore, this Note recognizes the countervailing social value of protecting children from pedophiles but argues that this civil registry based on a preponderance of the evidence standard is a poor attempt to do so. See MARCI HAMILTON, JUSTICE DENIED: WHAT AMERICA MUST DO TO PROTECT ITS CHILDREN 80-84 (2008) (discussing the Ohio law);
    • The liberty interests at stake in these situations are different, but the underlying desire to protect the innocent exists in both contexts. Furthermore, this Note recognizes the countervailing social value of protecting children from pedophiles but argues that this civil registry based on a preponderance of the evidence standard is a poor attempt to do so. See MARCI HAMILTON, JUSTICE DENIED: WHAT AMERICA MUST DO TO PROTECT ITS CHILDREN 80-84 (2008) (discussing the Ohio law);
  • 66
    • 56249131094 scopus 로고    scopus 로고
    • Studies, however, conflict on the rates of sex offenders' recidivism compared to other criminals' recidivism. Brian M. Epstein, Note, Megan's Law: How Should the State of Massachusetts Apply Its Sex Offender Registry Laws in Light of Other Jurisdictions, 28 NEW ENG. J. ON CRIM. & CIV. CONFINEMENT 247, 249 (2002) (discussing the conflicting research on recidivism rates for sex offenses);
    • Studies, however, conflict on the rates of sex offenders' recidivism compared to other criminals' recidivism. Brian M. Epstein, Note, Megan's Law: How Should the State of Massachusetts Apply Its Sex Offender Registry Laws in Light of Other Jurisdictions, 28 NEW ENG. J. ON CRIM. & CIV. CONFINEMENT 247, 249 (2002) (discussing the conflicting research on recidivism rates for sex offenses);
  • 67
    • 0347336226 scopus 로고    scopus 로고
    • see also Alan R. Rabat, Note, Scarlet Letter Sex Offender Databases and Community Notification: Sacrificing Personal Privacy for A Symbol's Sake, 35 AM. GRIM. L. REV. 333, 335 (1998) (briefly highlighting the flaws in the recidivism rationale). Some researchers even suggest sex offender registration and community notification laws are based on popular, but often unsubstantiated, beliefs about sex offenders.
    • see also Alan R. Rabat, Note, Scarlet Letter Sex Offender Databases and Community Notification: Sacrificing Personal Privacy for A Symbol's Sake, 35 AM. GRIM. L. REV. 333, 335 (1998) (briefly highlighting the flaws in the recidivism rationale). Some researchers even suggest sex offender registration and community notification laws "are based on popular, but often unsubstantiated, beliefs about sex offenders."
  • 68
    • 21644489410 scopus 로고    scopus 로고
    • Collateral Consequences of Sex Offender Registration, 21
    • Richard Tewksbury, Collateral Consequences of Sex Offender Registration, 21 J. CONTEMP. CRIM. JUST. 67, 68 (2005)
    • (2005) J. CONTEMP. CRIM. JUST , vol.67 , pp. 68
    • Tewksbury, R.1
  • 69
    • 2442429548 scopus 로고    scopus 로고
    • Societal Reaction to Sex Offenders: A Review of the Origins and Results of the Myths Surrounding Their Crimes and Treatment Amenability, 25
    • citing
    • (citing James F. Quinn, Craig J. Forsyth, & Carla Mullen-Quinn, Societal Reaction to Sex Offenders: A Review of the Origins and Results of the Myths Surrounding Their Crimes and Treatment Amenability, 25 DEVIANT BEHAV., 215-232 (2004)).
    • (2004) DEVIANT BEHAV , vol.215-232
    • Quinn, J.F.1    Forsyth, C.J.2    Mullen-Quinn, C.3
  • 70
    • 56249138935 scopus 로고    scopus 로고
    • See, e.g., Kansas v. Hendricks, 521 U.S. 346, 361-62 (1997) (holding the law categorizing sex offenders as dangerous was not punitive and violated neither the Ex Post Facto Clause nor Double Jeopardy Clause); Snyder v. State, 912 P.2d 1127, 1129-31 (Wyo. 1996) (holding that Wyoming's Sex Offender Registration Act was regulatory, rather than punitive, because its purpose was to protect children from sex offenders and aid law enforcement); Doe v. Poritz, 662 A.2d 367, 389-405 (N.J. 1995) (holding that the public notification is not punishment and thus does not trigger the Ex Post Facto Clause or Double Jeopardy Clause).
    • See, e.g., Kansas v. Hendricks, 521 U.S. 346, 361-62 (1997) (holding the law categorizing sex offenders as "dangerous" was not punitive and violated neither the Ex Post Facto Clause nor Double Jeopardy Clause); Snyder v. State, 912 P.2d 1127, 1129-31 (Wyo. 1996) (holding that Wyoming's Sex Offender Registration Act was regulatory, rather than punitive, because its purpose was to protect children from sex offenders and aid law enforcement); Doe v. Poritz, 662 A.2d 367, 389-405 (N.J. 1995) (holding that the public notification is not punishment and thus does not trigger the Ex Post Facto Clause or Double Jeopardy Clause).
  • 71
    • 56249092750 scopus 로고    scopus 로고
    • See, e.g., Snyder, 912 P.2d at 1129-31.
    • See, e.g., Snyder, 912 P.2d at 1129-31.
  • 72
    • 23744489630 scopus 로고    scopus 로고
    • Doron Teichman, Sex, Shame, and the Law: An Economic Perspective on Megan's Laws, 42 HARV. J. ON LEGIS. 355, 383 n.135 (2005)
    • Doron Teichman, Sex, Shame, and the Law: An Economic Perspective on Megan's Laws, 42 HARV. J. ON LEGIS. 355, 383 n.135 (2005)
  • 73
    • 85047669113 scopus 로고    scopus 로고
    • Application of Megan's Law to Juveniles, 57
    • citing Lisa
    • (citing Lisa C. Trivits & N. Dickon Reppucci, Application of Megan's Law to Juveniles, 57 AM. PSYCHOLOGIST 690, 695 (2002)).
    • (2002) AM. PSYCHOLOGIST , vol.690 , pp. 695
    • Trivits, C.1    Dickon Reppucci, N.2
  • 74
    • 56249146303 scopus 로고    scopus 로고
    • Due to its novelty, it is unknown whether courts or anyone else would find the Ohio law regulatory based on a different rationale
    • Due to its novelty, it is unknown whether courts or anyone else would find the Ohio law regulatory based on a different rationale.
  • 75
    • 56249118340 scopus 로고    scopus 로고
    • But see Sharon Coolidge, Ohio Law Dodges Statute of Limitations for Sex Crimes, USA TODAY, Oct. 5, 2006, at A3, available at http://www.usatoday.com/news/nation/200610-05-sex-offender_x.htm (According to a local prosecutor, [p]eople deserve to know ifthey live near sexual offenders . . . The statute of limitations may have expired, but this allows for notification.).
    • But see Sharon Coolidge, Ohio Law Dodges Statute of Limitations for Sex Crimes, USA TODAY, Oct. 5, 2006, at A3, available at http://www.usatoday.com/news/nation/200610-05-sex-offender_x.htm (According to a local prosecutor, "[p]eople deserve to know ifthey live near sexual offenders . . . The statute of limitations may have expired, but this allows for notification.").
  • 76
    • 56249112606 scopus 로고    scopus 로고
    • Some argue, however, that sex offenses are difficult to successfully prosecute and are not always reported. LEWIS, supra note 49, at 173 n.1
    • Some argue, however, that sex offenses are difficult to successfully prosecute and are not always reported. LEWIS, supra note 49, at 173 n.1
  • 77
    • 56249094147 scopus 로고    scopus 로고
    • (citing JENNIFER TEMKIN, RAPE AND THE LEGAL PROCESS 25-30, 236 (2d ed., Oxford Univ. Press 2002) (1987)). Moreover, if prosecution has to wait for another crime to occur, there will inevitably be another victim.
    • (citing JENNIFER TEMKIN, RAPE AND THE LEGAL PROCESS 25-30, 236 (2d ed., Oxford Univ. Press 2002) (1987)). Moreover, if prosecution has to wait for another crime to occur, there will inevitably be another victim.
  • 78
    • 56249128943 scopus 로고    scopus 로고
    • See, e.g., ALA. CODE § 15-3-5(a)(4) (LexisNexisl995 & Supp. 2007).
    • See, e.g., ALA. CODE § 15-3-5(a)(4) (LexisNexisl995 & Supp. 2007).
  • 79
    • 56249120943 scopus 로고    scopus 로고
    • OHIO REV. CODE ANN. § 2721.21(F) (West 2006 & Supp. 2008) (requiring a finding that the defendant is not likely to commit an act in the future that would subject the individual to the requirement to register).
    • OHIO REV. CODE ANN. § 2721.21(F) (West 2006 & Supp. 2008) (requiring a finding that the defendant is "not likely to commit an act in the future that would subject the individual to the requirement to register").
  • 80
    • 56249114456 scopus 로고    scopus 로고
    • Id. § 2721.21D, While having two different standards may not be unusual for removal and placement, all other sex offender registration statutes require the high standard of beyond a reasonable doubt for placement on the registry because they are based on criminal convictions. Thus, the clear and convincing evidence standard required for removal is actually lower in those cases
    • Id. § 2721.21(D). While having two different standards may not be unusual for removal and placement, all other sex offender registration statutes require the high standard of "beyond a reasonable doubt" for placement on the registry because they are based on criminal convictions. Thus, the clear and convincing evidence standard required for removal is actually lower in those cases.
  • 81
    • 56249114102 scopus 로고    scopus 로고
    • See generally TERRY & FURLONG, supra note 16
    • See generally TERRY & FURLONG, supra note 16.
  • 82
    • 56249126326 scopus 로고    scopus 로고
    • This inconsistency does not mean states do not acknowledge when they have improperly branded someone a sex offender. For example, Marion Coakley, who had been convicted of rape, later had his conviction set aside under New York's McKinney's CPL § 440.10(1)(g) due to newly discovered [serological] evidence. Coakley v. State, 571 N.Y.S.2d 867, 869 (N.Y. Ct. Cl. 1991, aff'd, 640 N.Y.S.2d 500 N.Y. App. Div. 1996, The media, which has been linked to increased sex crimes legislation, may also play a role in sex crimes exonerations by coming to the defense of those wrongly branded. For instance, even though the Board of Pardons and Paroles had unanimously recommended that the then Texas governor George W. Bush pardon Kevin Byrd due to actual innocence, the governor did not grant the pardon until after the national press had covered Byrd's case. SCHECKET AL, supra note 25, at 181-82
    • This inconsistency does not mean states do not acknowledge when they have improperly branded someone a "sex offender." For example, Marion Coakley, who had been convicted of rape, later had his conviction set aside under New York's McKinney's CPL § 440.10(1)(g) due to "newly discovered [serological] evidence." Coakley v. State, 571 N.Y.S.2d 867, 869 (N.Y. Ct. Cl. 1991), aff'd, 640 N.Y.S.2d 500 (N.Y. App. Div. 1996). The media, which has been linked to increased sex crimes legislation, may also play a role in sex crimes exonerations by coming to the defense of those wrongly branded. For instance, even though the Board of Pardons and Paroles had unanimously recommended that the then Texas governor George W. Bush pardon Kevin Byrd due to actual innocence, the governor did not grant the pardon until after the national press had covered Byrd's case. SCHECKET AL., supra note 25, at 181-82.
  • 83
    • 56249092751 scopus 로고    scopus 로고
    • To date, 218 post-conviction exonerations specifically based on DNA evidence have occurred. INNOCENCE PROJECT, FACTS ON POST-CONVICTION DNA EXONERATIONS (2008), http://www.innocenceproject.org/Content/351.php. Furthermore, 120 out of the 328 exonerations examined in a University of Michigan study were rape cases. Adam Liptak, Study Suspects Thousands of False Convictions, N.Y. TIMES, Apr. 19, 2004, at A15, available at http://query.nytimes. com/gst/fullpage.html?res=9C05E4DF113BF93AA25757C0A9 629C8B63&sec=&spon= &pagewanted=2.
    • To date, 218 post-conviction exonerations specifically based on DNA evidence have occurred. INNOCENCE PROJECT, FACTS ON POST-CONVICTION DNA EXONERATIONS (2008), http://www.innocenceproject.org/Content/351.php. Furthermore, 120 out of the 328 exonerations examined in a University of Michigan study were rape cases. Adam Liptak, Study Suspects Thousands of False Convictions, N.Y. TIMES, Apr. 19, 2004, at A15, available at http://query.nytimes. com/gst/fullpage.html?res=9C05E4DF113BF93AA25757C0A9 629C8B63&sec=&spon= &pagewanted=2.
  • 84
    • 0037279953 scopus 로고    scopus 로고
    • While the necessity of explicit removal procedures is even more important for juveniles, that discussion is beyond the scope of this Note. For an examination of the complicated issues involved in applying Megan's Laws to juveniles, see Elizabeth Garfinkle, Note, Coming of Age in America: The Misapplication of Sex-Offender Registration and Community Notification Laws to Juveniles, 91 CAL. L. REV. 163 2003
    • While the necessity of explicit removal procedures is even more important for juveniles, that discussion is beyond the scope of this Note. For an examination of the complicated issues involved in applying Megan's Laws to juveniles, see Elizabeth Garfinkle, Note, Coming of Age in America: The Misapplication of Sex-Offender Registration and Community Notification Laws to Juveniles, 91 CAL. L. REV. 163 (2003).
  • 85
    • 56249095463 scopus 로고    scopus 로고
    • See, e.g., Akella v. Mich. Dep't of State Police, 67 F. Supp. 2d 716, 725-26, 731 (E.D. Mich. 1999) (Although the court dismissed the case, it found that the plaintiffs, who had never been convicted of a sex offense, had standing to sue where the Sex Offender Registration Act in place at that time did not provide mechanisms by which they could remove their wrongly listed address from the registry.).
    • See, e.g., Akella v. Mich. Dep't of State Police, 67 F. Supp. 2d 716, 725-26, 731 (E.D. Mich. 1999) (Although the court dismissed the case, it found that the plaintiffs, who had never been convicted of a sex offense, had standing to sue where the Sex Offender Registration Act in place at that time did not provide mechanisms by which they could remove their wrongly listed address from the registry.).
  • 86
    • 0001509925 scopus 로고    scopus 로고
    • Analogizing to expungement provisions in DNA databanks, one can suggest that these individuals may not. In considering the lack of expungement provisions for various state DNA databanks, Michelle Hibbert suggested that wrongly convicted individuals' DNA may not be expunged in those states lacking explicit provisions. See Michelle Hibbert, DNA Databanks: Law Enforcement's Greatest Surveillance Tool?, 34 WAKE FOREST L. REV. 767, 810 (1999).
    • Analogizing to expungement provisions in DNA databanks, one can suggest that these individuals may not. In considering the lack of expungement provisions for various state DNA databanks, Michelle Hibbert suggested that wrongly convicted individuals' DNA may not be expunged in those states lacking explicit provisions. See Michelle Hibbert, DNA Databanks: Law Enforcement's Greatest Surveillance Tool?, 34 WAKE FOREST L. REV. 767, 810 (1999).
  • 87
    • 56249097204 scopus 로고    scopus 로고
    • OHIO REV. CODE ANN. § 2950.09(D) (West 2006) (repealed 2008); See State v. Turner, 2004-Ohio-6573 (Ohio Ct. App. 2004) (noting the amendment to the Ohio statute removed the mechanism that previously allowed adults to petition the court to remove the sex offender label); see also State v. Shelton, 2004-Ohio-5484 (Ohio Ct. App. 2004).
    • OHIO REV. CODE ANN. § 2950.09(D) (West 2006) (repealed 2008); See State v. Turner, 2004-Ohio-6573 (Ohio Ct. App. 2004) (noting the amendment to the Ohio statute removed the mechanism that previously allowed adults to petition the court to remove the "sex offender" label); see also State v. Shelton, 2004-Ohio-5484 (Ohio Ct. App. 2004).
  • 88
    • 56249089990 scopus 로고    scopus 로고
    • See OHIO REV. CODE ANN. § 2950.09(D) (West 2006 & Supp. 2008).
    • See OHIO REV. CODE ANN. § 2950.09(D) (West 2006 & Supp. 2008).
  • 89
    • 56249144785 scopus 로고    scopus 로고
    • IDAHO CODE ANN. § 18-8310(1)-(2) (2004).
    • IDAHO CODE ANN. § 18-8310(1)-(2) (2004).
  • 90
    • 56249095464 scopus 로고    scopus 로고
    • Some states only allow certain offenders to petition for removal after a specific number of years. In New York, for example, those sex offenders who were categorized as a level two risk offender and have been registered for at least thirty years may petition for relief from their registration duty. N.Y. CORRECT. LAW § 168-o (McKinney 2003 & Supp. 2008).
    • Some states only allow certain offenders to petition for removal after a specific number of years. In New York, for example, those sex offenders who were categorized as a level two risk offender and have been registered for at least thirty years may petition for relief from their registration duty. N.Y. CORRECT. LAW § 168-o (McKinney 2003 & Supp. 2008).
  • 91
    • 56249112603 scopus 로고    scopus 로고
    • IDAHO CODE ANN. § 18-8310(1)(a)-(d) (2004) (allowing the petition after whichever period is longer and requiring an individual to adhere to certain requirements within his petition).
    • IDAHO CODE ANN. § 18-8310(1)(a)-(d) (2004) (allowing the petition after whichever period is longer and requiring an individual to adhere to certain requirements within his petition).
  • 92
    • 56249114457 scopus 로고    scopus 로고
    • Id. § 18-8310(2).
    • Id. § 18-8310(2).
  • 93
    • 56249133831 scopus 로고    scopus 로고
    • OHIO REV. CODE ANN. § 2721.21(F) (West 2006 & Supp. 2008).
    • OHIO REV. CODE ANN. § 2721.21(F) (West 2006 & Supp. 2008).
  • 95
    • 56249086074 scopus 로고    scopus 로고
    • See supra Part II.B.2.
    • See supra Part II.B.2.
  • 96
    • 56249122252 scopus 로고    scopus 로고
    • For a discussion of various approaches to statutory interpretation, see Philip Frickey, Faithful Interpretation, 73 WASH. U. L.Q. 1085 (1995).
    • For a discussion of various approaches to statutory interpretation, see Philip Frickey, Faithful Interpretation, 73 WASH. U. L.Q. 1085 (1995).
  • 97
    • 56249085557 scopus 로고    scopus 로고
    • Jason Tarricone, Note, An Ordinary Citizen Just like Everyone Else: The Indefinite Detention of Former Offenders' DNA, 2 STAN. J. C.R. & C.L. 209, 250-51 (2005) (highlighting the disadvantage of petitioning for destruction of DNA samples).
    • Jason Tarricone, Note, "An Ordinary Citizen Just like Everyone Else": The Indefinite Detention of Former Offenders' DNA, 2 STAN. J. C.R. & C.L. 209, 250-51 (2005) (highlighting the disadvantage of petitioning for destruction of DNA samples).
  • 98
    • 56249094483 scopus 로고    scopus 로고
    • See, e.g., State v. Knapp, 79 P.3d 740, 743 (Idaho Ct. App. 2003), disagreed with on other grounds by State v. Kimball, 181 P.3d 468 (Idaho 2008).
    • See, e.g., State v. Knapp, 79 P.3d 740, 743 (Idaho Ct. App. 2003), disagreed with on other grounds by State v. Kimball, 181 P.3d 468 (Idaho 2008).
  • 99
    • 56249133312 scopus 로고    scopus 로고
    • IDAHO CODE ANN. § 18-8310(1) (2004). This discretion is similar to the discretion courts have to grant or deny petitions for expungement from DNA databanks. See Tarncone, supra note 77, at 221
    • IDAHO CODE ANN. § 18-8310(1) (2004). This discretion is similar to the discretion courts have to grant or deny petitions for expungement from DNA databanks. See Tarncone, supra note 77, at 221
  • 100
    • 56249113772 scopus 로고    scopus 로고
    • (citing GAL. PENAL CODE § 299(c)(1) (West 2005)).
    • (citing GAL. PENAL CODE § 299(c)(1) (West 2005)).
  • 101
    • 56249137846 scopus 로고    scopus 로고
    • Knapp, 79 P.3d at 743.
    • Knapp, 79 P.3d at 743.
  • 102
    • 56249125606 scopus 로고    scopus 로고
    • See supra Part II.B. n.36 (listing procedural protections offered in a criminal trial).
    • See supra Part II.B. n.36 (listing procedural protections offered in a criminal trial).
  • 103
    • 56249086813 scopus 로고    scopus 로고
    • OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008).
    • OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008).
  • 104
    • 56249090359 scopus 로고    scopus 로고
    • See, e.g., ARK. CODE ANN. § 12-12-905(c)(1)-(2) (2003 & Supp. 2007) (granting relief from the duty to register if the conviction has been set aside, vacated, or reversed, or the individual has been pardoned).
    • See, e.g., ARK. CODE ANN. § 12-12-905(c)(1)-(2) (2003 & Supp. 2007) (granting relief from the duty to register if the conviction has been set aside, vacated, or reversed, or the individual has been pardoned).
  • 106
    • 56249147453 scopus 로고    scopus 로고
    • See, e.g., N.C. GEN. STAT. § 14-208.6C (2007); cf. VT. STAT. ANN. tit. 13, § 5413 (1998) (allowing release from the duty to register based on a conviction's dismissal or reversal without requiring a petition and mandating that the registry, any agency, or person shall be required to remove and destroy the information).
    • See, e.g., N.C. GEN. STAT. § 14-208.6C (2007); cf. VT. STAT. ANN. tit. 13, § 5413 (1998) (allowing release from the duty to register based on a conviction's dismissal or reversal without requiring a petition and mandating that the registry, any agency, or person "shall be required to remove and destroy the information").
  • 107
    • 56249133834 scopus 로고    scopus 로고
    • N.C. GEN. STAT. § 14-208.13 (directing the Division of Criminal Statistics of the Department of Justice to file the registration information in the Police Information Network and to permanently keep it, even after the offender no longer has to register).
    • N.C. GEN. STAT. § 14-208.13 (directing the Division of Criminal Statistics of the Department of Justice to file the "registration information in the Police Information Network" and to permanently keep it, even after the offender no longer has to register).
  • 108
    • 56249133833 scopus 로고    scopus 로고
    • See, e.g., Hibbert, supra note 67, at 809 (discussing a similarly worded DNA statute in Illinois, 730 ILL. COMP. STAT. ANN. 5/5-4-3 (West 1997), and alluding to the uncertainty of whether those wrongly convicted could have their DNA records expunged). At the time, the Illinois statute stated: [A] 11 information obtained under this Section [which requires the collection of DNA profiles from sex offenders] shall be maintained in a single data base and may not be subject to expungement.
    • See, e.g., Hibbert, supra note 67, at 809 (discussing a similarly worded DNA statute in Illinois, 730 ILL. COMP. STAT. ANN. 5/5-4-3 (West 1997), and alluding to the uncertainty of whether those wrongly convicted could have their DNA records expunged). At the time, the Illinois statute stated: "[A] 11 information obtained under this Section [which requires the collection of DNA profiles from sex offenders] shall be maintained in a single data base and may not be subject to expungement."
  • 109
    • 56249085237 scopus 로고    scopus 로고
    • Id. The Illinois statute now requires expungement of this information. 730 ILL. COMP. STAT. ANN. 5/5-4-3 (f-1) (West 2007).
    • Id. The Illinois statute now requires expungement of this information. 730 ILL. COMP. STAT. ANN. 5/5-4-3 (f-1) (West 2007).
  • 110
    • 56249111625 scopus 로고    scopus 로고
    • Nilson v. Layton City, 45 F.3d 369, 372 (10th Cir. 1995); see also TERRY & FURLONG, supra note 16, ¶ 1.2 (3) (Relief from having to register and clearing the registry of a record are two separate propositions.).
    • Nilson v. Layton City, 45 F.3d 369, 372 (10th Cir. 1995); see also TERRY & FURLONG, supra note 16, ¶ 1.2 (3) ("Relief from having to register and clearing the registry of a record are two separate propositions.").
  • 111
    • 56249128572 scopus 로고    scopus 로고
    • Sex offender registries may be even more intrusive than DNA databanks, Johnson v. Quander, 370 F. Supp. 2d 79, 104 (D.D.C. 2005); and the majority of states allowing DNA databanks often do contain expungement provisions for those who have had their convictions overturned. Tarricone, supra note 77, at 221. DNA also plays a role in some sex offender registration laws because some statutes require sex offenders to submit DNA for a databank as part of their registration requirements.
    • Sex offender registries may be even more intrusive than DNA databanks, Johnson v. Quander, 370 F. Supp. 2d 79, 104 (D.D.C. 2005); and the majority of states allowing DNA databanks often do contain expungement provisions for those who have had their convictions overturned. Tarricone, supra note 77, at 221. (DNA also plays a role in some sex offender registration laws because some statutes require sex offenders to submit DNA for a databank as part of their registration requirements.
  • 112
    • 56249106487 scopus 로고    scopus 로고
    • See, e.g., TERRY & FURLONG, supra note 16, ¶ 2.2 (3)).
    • See, e.g., TERRY & FURLONG, supra note 16, ¶ 2.2 (3)).
  • 113
    • 56249110490 scopus 로고    scopus 로고
    • Though some states have used some extreme methods to notify people about sex offenders, they have not used extreme methods to ensure the details about the sex offenders are accurate or to rectify their mistakes, For discussion of an extreme method of notification, see Jane A. Small, Note, Who Are the People in Your Neighborhood? Due Process, Public Protection, and Sex Offender Notification Laws, 74 N.Y.U.L. REV. 1451, 1462 1999, providing the example of former California Attorney General Dan Lungren who allowed people to use zip codes to look through the registry featuring 64,000 registered sex offenders by establishing Megans Law booths at county fairs and noting that, unfortunately, some criticized this database for containing several errors
    • Though some states have used some extreme methods to notify people about sex offenders, they have not used extreme methods to ensure the details about the sex offenders are accurate or to rectify their mistakes. (For discussion of an extreme method of notification, see Jane A. Small, Note, Who Are the People in Your Neighborhood? Due Process, Public Protection, and Sex Offender Notification Laws, 74 N.Y.U.L. REV. 1451, 1462 (1999) (providing the example of former California Attorney General Dan Lungren who allowed people to use zip codes to look through the registry featuring 64,000 registered sex offenders by establishing "Megan"s Law" booths at county fairs and noting that, unfortunately, some criticized this database for containing several errors)).
  • 114
    • 56249114458 scopus 로고    scopus 로고
    • No. 03-10319-RWZ, 2006 WL 2850359, at *1 (D. Mass. Oct. 4, 2006).
    • No. 03-10319-RWZ, 2006 WL 2850359, at *1 (D. Mass. Oct. 4, 2006).
  • 115
    • 56249091383 scopus 로고    scopus 로고
    • Sarsfield, 2006 WL 2850359, at *1.
    • Sarsfield, 2006 WL 2850359, at *1.
  • 116
    • 56249102422 scopus 로고    scopus 로고
    • Richard Tewksbury, Validity and Utility of the Kentucky Sex Offender Registry, 66 FED. PROBATION 21, 24-25 (2002) (analyzing the ability of a sex offender registry to promote public awareness and safety by assessing the accuracy of the information and finding that the addresses of at least one in four sex offenders contained inaccurate information).
    • Richard Tewksbury, Validity and Utility of the Kentucky Sex Offender Registry, 66 FED. PROBATION 21, 24-25 (2002) (analyzing the ability of a sex offender registry to promote public awareness and safety by assessing the accuracy of the information and finding that the addresses of at least one in four sex offenders contained inaccurate information).
  • 117
    • 56249112604 scopus 로고    scopus 로고
    • UTAH CODE ANN. § 77-27-21.5(22)(a)-(c) (2003 & Supp. 2007).
    • UTAH CODE ANN. § 77-27-21.5(22)(a)-(c) (2003 & Supp. 2007).
  • 118
    • 56249101693 scopus 로고    scopus 로고
    • As of 2005, about forty states and the District of Columbia had websites allowing people to obtain information about registered sex offenders. Teichman, supra note 55, at 380-81
    • As of 2005, about forty states and the District of Columbia had websites allowing people to obtain information about registered sex offenders. Teichman, supra note 55, at 380-81.
  • 119
    • 33748782307 scopus 로고    scopus 로고
    • Ben Geiger, Note, The Case for Treating Ex-Offenders as a Suspect Class, 94 CAL. L. REV. 1191, 1200 (2006).
    • Ben Geiger, Note, The Case for Treating Ex-Offenders as a Suspect Class, 94 CAL. L. REV. 1191, 1200 (2006).
  • 120
    • 56249139349 scopus 로고    scopus 로고
    • Small, supra note 90, at 1464
    • Small, supra note 90, at 1464.
  • 121
    • 56249130047 scopus 로고    scopus 로고
    • Id
    • Id.
  • 122
    • 56249093450 scopus 로고    scopus 로고
    • Findley, supra note 14, at 338 (stating that public safety and justice mandate truth-finding accuracy because the true offender remains free to commit other criminal acts when an innocent individual is wrongly convicted of his crime);
    • Findley, supra note 14, at 338 (stating that public safety and justice mandate "truth-finding accuracy" because the true offender remains free to commit other criminal acts when an innocent individual is wrongly convicted of his crime);
  • 123
    • 56249091384 scopus 로고    scopus 로고
    • see also 42 U.S.C. § 14071e, 2000, focusing on promoting public safety through Megan's Laws
    • see also 42 U.S.C. § 14071(e) (2000) (focusing on promoting public safety through Megan's Laws).
  • 124
    • 56249120942 scopus 로고    scopus 로고
    • Tracy L. Silva, Dial 1-900-Pervert and Other Statutory Measures that Provide Public Notification of Sex Offenders, 48 S.M.U. L. REV. 1961, 1979 (1995)
    • Tracy L. Silva, Dial "1-900-Pervert" and Other Statutory Measures that Provide Public Notification of Sex Offenders, 48 S.M.U. L. REV. 1961, 1979 (1995)
  • 126
    • 56249087902 scopus 로고    scopus 로고
    • Tewksbury, supra note 52
    • Tewksbury, supra note 52.
  • 127
    • 56249092419 scopus 로고    scopus 로고
    • See Vander Zee v. Reno, 73 F.3d 1365, 1369 (5th Cir. 1996) (acknowledging that a false statement can cause stigma if it claims that the plaintiff is guilty of serious wrongdoing).
    • See Vander Zee v. Reno, 73 F.3d 1365, 1369 (5th Cir. 1996) (acknowledging that a false statement can cause stigma if it claims that the plaintiff is guilty of "serious wrongdoing").
  • 128
    • 56249099006 scopus 로고    scopus 로고
    • Neal v. Shimoda, 131 F.3d 818, 830 (9th Cir. 1997).
    • Neal v. Shimoda, 131 F.3d 818, 830 (9th Cir. 1997).
  • 129
    • 56249095135 scopus 로고    scopus 로고
    • See Vander Zee, 73 F.3d at 1369.
    • See Vander Zee, 73 F.3d at 1369.
  • 130
    • 56249089323 scopus 로고    scopus 로고
    • Tewksbury, supra note 52, at 68
    • Tewksbury, supra note 52, at 68.
  • 131
    • 56249085911 scopus 로고    scopus 로고
    • Id
    • Id.
  • 132
    • 35248896318 scopus 로고    scopus 로고
    • Richard Tewksbury & Matthew B. Lees, Sex Offenders on Campus: Universitybased Sex Offender Registries and the Collateral Consequences of Registration, 70 FED. PROBATION 50 (2006)
    • Richard Tewksbury & Matthew B. Lees, Sex Offenders on Campus: Universitybased Sex Offender Registries and the Collateral Consequences of Registration, 70 FED. PROBATION 50 (2006)
  • 133
    • 2442429548 scopus 로고    scopus 로고
    • Societal Reaction to Sex Offenders: A Review of the Origins and Results of the Myths Surrounding Their Crimes and Treatment Amenability, 25
    • quoting
    • (quoting James F. Quinn, Craig J. Forsyth, & Carla Mullen-Quinn, Societal Reaction to Sex Offenders: A Review of the Origins and Results of the Myths Surrounding Their Crimes and Treatment Amenability, 25 DEVIANT BEHAV. 215-233 (2004)).
    • (2004) DEVIANT BEHAV , vol.215-233
    • Quinn, J.F.1    Forsyth, C.J.2    Mullen-Quinn, C.3
  • 134
    • 56249089652 scopus 로고    scopus 로고
    • Tewksbury, supra note 52, at 68
    • Tewksbury, supra note 52, at 68.
  • 135
    • 56249099343 scopus 로고    scopus 로고
    • Id. at 69
    • Id. at 69
  • 136
    • 56249088607 scopus 로고    scopus 로고
    • (citing ERVING GOFFMAN, STIGMA: NOTES ON THE MANAGEMENT OF A SPOILED IDENTITY (Touchstone Books 1963)).
    • (citing ERVING GOFFMAN, STIGMA: NOTES ON THE MANAGEMENT OF A SPOILED IDENTITY (Touchstone Books 1963)).
  • 137
    • 56249115182 scopus 로고    scopus 로고
    • Due to their registry placement, many registered sex offenders have reported feeling shame. Id. at 77.
    • Due to their registry placement, many registered sex offenders have reported feeling shame. Id. at 77.
  • 138
    • 56249099668 scopus 로고    scopus 로고
    • MARTHA NUSSBAUM, HIDING FROM HUMANITY: DISGUST, SHAME, AND THE LAW 236 (2004).
    • MARTHA NUSSBAUM, HIDING FROM HUMANITY: DISGUST, SHAME, AND THE LAW 236 (2004).
  • 139
    • 0347569386 scopus 로고    scopus 로고
    • What Do Alternative Sanctions Mean? 63
    • Though someone who is not a sex offender does not necessarily adhere tosocial and moral norms, the intention of the housing restrictions may be to separate those who adhere from those who do not. See
    • See D. M. Kahan, What Do Alternative Sanctions Mean? 63 U. CHI. L. REV. 591, 636 (1996). Though someone who is not a sex offender does not necessarily adhere tosocial and moral norms, the intention of the housing restrictions may be to separate those who adhere from those who do not.
    • (1996) U. CHI. L. REV , vol.591 , pp. 636
    • Kahan, D.M.1
  • 140
    • 56249098237 scopus 로고    scopus 로고
    • Megan's Law: A Scarlet Letter, ECONOMIST, Nov. 14, 2002, available at http://www.economist.com/world/na/displaystory.cfm?story_id= E1_TQQGVDG.
    • Megan's Law: A Scarlet Letter, ECONOMIST, Nov. 14, 2002, available at http://www.economist.com/world/na/displaystory.cfm?story_id= E1_TQQGVDG.
  • 141
    • 56249086075 scopus 로고    scopus 로고
    • The Nation; Texas Men's Innocence Puts a County on Trial; DNA Is Expected to Clear a Convicted Rapist, as It Has 3 of his Friends
    • Apr. 9, at
    • Miguel Bustillo, The Nation; Texas Men's Innocence Puts a County on Trial; DNA Is Expected to Clear a Convicted Rapist, as It Has 3 of his Friends, L.A. TIMES, Apr. 9, 2007, at A1.
    • (2007) L.A. TIMES
    • Bustillo, M.1
  • 142
    • 56249111306 scopus 로고    scopus 로고
    • Free and Uneasy: A Long Road Back After Exoneration, and Justice Is Slow to Make Amends
    • quoting Ken Wyniemko, who was imprisoned more than nine years for a rape he did not commit, noting that some exoné rées even believe the public negatively perceives articles concerning their exoneration, Nov. 25, at, available at
    • Janet Roberts & Elizabeth Stanton, Free and Uneasy: A Long Road Back After Exoneration, and Justice Is Slow to Make Amends, N.Y. TIMES, Nov. 25, 2007, at A38, available at http://www.nytimes. com/2007/11/25/us/25dna.html (quoting Ken Wyniemko, who was imprisoned more than nine years for a rape he did not commit) (noting that some exoné rées even believe the public negatively perceives articles concerning their exoneration.).
    • (2007) N.Y. TIMES
    • Roberts, J.1    Stanton, E.2
  • 143
    • 56249097206 scopus 로고    scopus 로고
    • Supra Part I (discussing Scott's experience).
    • Supra Part I (discussing Scott's experience).
  • 144
    • 56249136877 scopus 로고    scopus 로고
    • See, e.g., ALA. CODE § 15-20-26 (LexisNexis 1995 & Supp. 2007);
    • See, e.g., ALA. CODE § 15-20-26 (LexisNexis 1995 & Supp. 2007);
  • 145
    • 67650900028 scopus 로고    scopus 로고
    • see also note 6, at, providing an overview of employment and residency restrictions
    • see also Lester, supra note 6, at 350-56 (providing an overview of employment and residency restrictions).
    • supra , pp. 350-356
    • Lester1
  • 146
    • 56249099341 scopus 로고    scopus 로고
    • Geiger, supra note 96, at 1201-02.
    • Geiger, supra note 96, at 1201-02.
  • 147
    • 56249087179 scopus 로고    scopus 로고
    • Michelle Washington, Free from Prison, But Still Not Free, VA. PILOT AND LEDGER-STAR, June 5, 2007, available at 2007 WLNR 10460340.
    • Michelle Washington, Free from Prison, But Still Not Free, VA. PILOT AND LEDGER-STAR, June 5, 2007, available at 2007 WLNR 10460340.
  • 148
    • 56249135203 scopus 로고    scopus 로고
    • Id
    • Id.
  • 149
    • 56249115874 scopus 로고    scopus 로고
    • Id
    • Id.
  • 150
    • 56249084540 scopus 로고    scopus 로고
    • Duane Bourne, Joint Effort Tracks Sex Offenders, VA. PILOT AND LEDGER-STAK, Sept. 27, 2006, available at 2006 WLNR 16792192.
    • Duane Bourne, Joint Effort Tracks Sex Offenders, VA. PILOT AND LEDGER-STAK, Sept. 27, 2006, available at 2006 WLNR 16792192.
  • 151
    • 56249120941 scopus 로고    scopus 로고
    • S.D.N.Y
    • Doe v. Pataki, 3 F. Supp. 2d 456, 467-68 (S.D.N.Y. 1998)
    • (1998) Pataki, 3 F , vol.456 , Issue.SUPP. 2D , pp. 467-468
    • Doe, V.1
  • 152
    • 56249088606 scopus 로고    scopus 로고
    • Tewksbury, supra note 52, at 76
    • Tewksbury, supra note 52, at 76.
  • 153
    • 84894689913 scopus 로고    scopus 로고
    • § 1983 2000
    • 42 U.S.C. § 1983 (2000).
    • 42 U.S.C
  • 154
    • 56249145630 scopus 로고    scopus 로고
    • Wrongly Convicted Walk Away with Scars
    • Oct. 13, at, available at
    • Stephanie Armour, Wrongly Convicted Walk Away with Scars, USA TODAY, Oct. 13, 2004, at 01A, available at http://www.usatoday. com/money/workplace/2004-10-13-dnaexonerated-jobs_x.htm.
    • (2004) USA TODAY
    • Armour, S.1
  • 155
    • 56249142734 scopus 로고    scopus 로고
    • Id
    • Id.
  • 156
    • 56249120213 scopus 로고    scopus 로고
    • See Smith v. Wade, 461 U.S. 30, 56 (1983) (using a malicious intent or reckless indifference standard in awarding punitive damages).
    • See Smith v. Wade, 461 U.S. 30, 56 (1983) (using a malicious intent or reckless indifference standard in awarding punitive damages).
  • 157
    • 56249102423 scopus 로고    scopus 로고
    • Armour, supra note 125
    • Armour, supra note 125.
  • 158
    • 56249141446 scopus 로고    scopus 로고
    • See, e.g., N.Y. CORRECT. LAW § 168-r (McKinney 2003) (limiting liability arising from their handling of information on the sex offender registry to bad faith or gross negligence).
    • See, e.g., N.Y. CORRECT. LAW § 168-r (McKinney 2003) (limiting liability arising from their handling of information on the sex offender registry to "bad faith" or "gross negligence").
  • 159
    • 56249138252 scopus 로고    scopus 로고
    • Supra Part I
    • Supra Part I.
  • 160
    • 56249100998 scopus 로고    scopus 로고
    • For example, a Texas governor convened a group of lawyers, criminal justice advisers, legislators, and activists to analyze how the state dealt with sex offenders, wrongful convictions, and forensic science. Caution concerning these groups stems from the fact that even if the governor endorses the proposals, lawmakers would still need to approve them. Maro Robbins, GPS, DNA Tests Top Reform List, SAN ANTONIO EXPRESSNEWS, Feb. 9, 2006, at 07B, available at 2006 WLNR 2510001.
    • For example, a Texas governor convened a group of lawyers, criminal justice advisers, legislators, and activists to analyze how the state dealt with sex offenders, wrongful convictions, and forensic science. Caution concerning these groups stems from the fact that even if the governor endorses the proposals, lawmakers would still need to approve them. Maro Robbins, GPS, DNA Tests Top Reform List, SAN ANTONIO EXPRESSNEWS, Feb. 9, 2006, at 07B, available at 2006 WLNR 2510001.
  • 161
    • 56249112269 scopus 로고    scopus 로고
    • This Note does not argue that states should be required to adopt the same laws. It merely compares various states' laws and attempts to provide a model law based onthese comparisons. Because Ohio is the only state that allows a civil sex offender registry, this Note analyzes other states' laws traditionally applied to criminally convicted sex offenders and criminal sex offender registries to obtain ideas for generally dealing with wrongly labeled sex offenders. Although these suggestions focus on a criminal law model, one could argue that these registries should be implemented under an administrative law model
    • This Note does not argue that states should be required to adopt the same laws. It merely compares various states' laws and attempts to provide a model law based onthese comparisons. Because Ohio is the only state that allows a civil sex offender registry, this Note analyzes other states' laws traditionally applied to criminally convicted sex offenders and criminal sex offender registries to obtain ideas for generally dealing with wrongly labeled "sex offenders." Although these suggestions focus on a criminal law model, one could argue that these registries should be implemented under an administrative law model because they are supposed to be regulatory.
  • 162
    • 56249094820 scopus 로고    scopus 로고
    • SCHECK ET AL., supra note 25, at 255, 262 (If it is shown by a reasonable probability that the individual was wrongly convicted, then he is statutorily authorized to have his DNA tested under New York and Illinois law.).
    • SCHECK ET AL., supra note 25, at 255, 262 (If it is shown by a "reasonable probability" that the individual was wrongly convicted, then he is statutorily authorized to have his DNA tested under New York and Illinois law.).
  • 163
    • 56249137217 scopus 로고    scopus 로고
    • Id. at 262
    • Id. at 262.
  • 164
    • 56249088247 scopus 로고    scopus 로고
    • Id. at 247-48
    • Id. at 247-48.
  • 165
    • 56249119162 scopus 로고    scopus 로고
    • See id
    • See id.
  • 166
    • 56249086814 scopus 로고    scopus 로고
    • See supra Part II.B.1 (quoting In re Winship, 397 U.S. 358, 372 (1970) (J. Harlan concurring)).
    • See supra Part II.B.1 (quoting In re Winship, 397 U.S. 358, 372 (1970) (J. Harlan concurring)).
  • 167
    • 56249107193 scopus 로고    scopus 로고
    • Notably, Ohio law does not currently grant a right to appeal the civil declaration, and offenders must wait six years to have their names removed. OHIO REV. CODE ANN. § 2721.2KF (West 2006 & Supp. 2008).
    • Notably, Ohio law does not currently grant a right to appeal the civil declaration, and offenders must wait six years to have their names removed. OHIO REV. CODE ANN. § 2721.2KF) (West 2006 & Supp. 2008).
  • 168
    • 56249116947 scopus 로고    scopus 로고
    • See, e.g., UTAH CODE ANN. § 77-27-21.5(17) (2003 & Supp. 2007) (Notwithstanding Sections 77-18-9 through 77-18-14 regarding expungement, a person convicted of any offense listed in Subsection (1)(f) is not relieved from the responsibility to register as required under this section.).
    • See, e.g., UTAH CODE ANN. § 77-27-21.5(17) (2003 & Supp. 2007) ("Notwithstanding Sections 77-18-9 through 77-18-14 regarding expungement, a person convicted of any offense listed in Subsection (1)(f) is not relieved from the responsibility to register as required under this section.").
  • 169
    • 56249137541 scopus 로고    scopus 로고
    • N.C. GEN. STAT. § 14-208.13 (2007) (requiring the Division of Criminal Statistics of the Department of Justice to file the registration information in the Police Information Network and to keep the registration information permanently, even after the offender no longer has to register).
    • N.C. GEN. STAT. § 14-208.13 (2007) (requiring the Division of Criminal Statistics of the Department of Justice to file the "registration information in the Police Information Network" and to keep the registration information permanently, even after the offender no longer has to register).
  • 170
    • 56249097558 scopus 로고    scopus 로고
    • See, e.g., WASH. REV. CODE § 9A.44.140 (West 2000 & Supp. 2008) (allowing a petition for removal after ten years).
    • See, e.g., WASH. REV. CODE § 9A.44.140 (West 2000 & Supp. 2008) (allowing a petition for removal after ten years).
  • 171
    • 56249141090 scopus 로고    scopus 로고
    • VT. STAT. ANN. tit. 13, § 5413 (1998) (allowing removal based on a conviction's dismissal or reversal without requiring a petition and mandating that the registry, any person, or agency destroy the information about the conviction).
    • VT. STAT. ANN. tit. 13, § 5413 (1998) (allowing removal based on a conviction's dismissal or reversal without requiring a petition and mandating that the registry, any person, or agency destroy the information about the conviction).
  • 172
    • 56249106119 scopus 로고    scopus 로고
    • Vermont's statute helps state officials focus their resources on convicted offenders who have not been exonerated. Officials in Vermont found ninety-seven percent of their sex offenders were in compliance with their registration requirements. KATE FITCH, MEGAN'S LAW: DOES IT PROTECT CHILDREN? (2) 33, (NSPCC 2006), http://www.nspcc.org. uk/Inform/publications/Downloads/ meganslaw2_wdf48102.pdf (citing Interview with Max Schuleter, Vermont Department of Public Safety (Sept. 1, 2006)).
    • Vermont's statute helps state officials focus their resources on convicted offenders who have not been exonerated. Officials in Vermont found ninety-seven percent of their sex offenders were in compliance with their registration requirements. KATE FITCH, MEGAN'S LAW: DOES IT PROTECT CHILDREN? (2) 33, (NSPCC 2006), http://www.nspcc.org. uk/Inform/publications/Downloads/ meganslaw2_wdf48102.pdf (citing Interview with Max Schuleter, Vermont Department of Public Safety (Sept. 1, 2006)).
  • 173
    • 56249105787 scopus 로고    scopus 로고
    • Wetterling Act
    • § 14071(e)2, 2000
    • Wetterling Act, 42 U.S.C. § 14071(e)(2) (2000).
    • 42 U.S.C
  • 174
    • 56249103767 scopus 로고    scopus 로고
    • Id. § 14071(g)(2)(A, stating that a state will not receive ten percent of the funds available under the Omnibus Crime Bill in 42 U.S.C. § 3756 (2000) if it does not implement a sex offender registration program
    • Id. § 14071(g)(2)(A) (stating that a state will not receive ten percent of the funds available under the Omnibus Crime Bill in 42 U.S.C. § 3756 (2000) if it does not implement a sex offender registration program ).
  • 175
    • 56249117307 scopus 로고    scopus 로고
    • Statutes allowing the terrorist watch lists, however, at least have some procedures to correct information contained in those pre-screening lists. See 49 U.S.C. § 44903(j)(2)(C)(iii)(I, 2000, Like terrorist watch lists, sex offender registries are based on governmental designations of dangerousness. Daniel J. Steinbock, Designating the Dangerous from Blacklists to Watch Lists, 30 SEATTLE U. L. REV. 65, 66-67 2006
    • Statutes allowing the terrorist watch lists, however, at least have some procedures to correct information contained in those pre-screening lists. See 49 U.S.C. § 44903(j)(2)(C)(iii)(I) (2000). Like terrorist watch lists, sex offender registries are based on governmental "designations of dangerousness." Daniel J. Steinbock, Designating the Dangerous from Blacklists to Watch Lists, 30 SEATTLE U. L. REV. 65, 66-67 (2006).
  • 176
    • 56249084207 scopus 로고    scopus 로고
    • Steinbock, supra note 146, at 68. (False positives occur when people who are not dangerous are classified as such.).
    • Steinbock, supra note 146, at 68. ("False positives" occur when people who are not dangerous are classified as such.).
  • 177
    • 56249124922 scopus 로고    scopus 로고
    • OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008);
    • OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008);
  • 178
    • 56249099667 scopus 로고    scopus 로고
    • see supra Part II.C.
    • see supra Part II.C.
  • 179
    • 56249119519 scopus 로고    scopus 로고
    • Roger Clegg, George T. Conway III, & Kenneth K. Lee, The Bullet and the Ballot? The Case for Felon Disenfranchisement Statutes, 14AM. U.J. GENDER SOC. POL'Y & L. 1, 12 (2006, citing 42 U.S.C. § 15483(a)(2)(A)(ii)I, 2002
    • Roger Clegg, George T. Conway III, & Kenneth K. Lee, The Bullet and the Ballot? The Case for Felon Disenfranchisement Statutes, 14AM. U.J. GENDER SOC. POL'Y & L. 1, 12 (2006) (citing 42 U.S.C. § 15483(a)(2)(A)(ii)(I) (2002)).
  • 180
    • 84894689913 scopus 로고    scopus 로고
    • § 15483 Supp. 2005
    • 42 U.S.C. § 15483 (Supp. 2005).
    • 42 U.S.C
  • 182
    • 56249100372 scopus 로고    scopus 로고
    • Roger A. Clarke, A Normative Regulatory Framework for Computer Matching, 13 J. MARSHALL J. COMPUTER & INFO. L. 585, 603-04 (1995).
    • Roger A. Clarke, A Normative Regulatory Framework for Computer Matching, 13 J. MARSHALL J. COMPUTER & INFO. L. 585, 603-04 (1995).
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    • Id
    • Id.
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    • See id
    • See id.
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    • For example, to verify the accuracy of the state's sex offender registry, New Hampshire's governor ordered that the Department of Safety perform internal audits. Department of Safety Reports Back to Gov. Lynch on Sex Offender Registry Procedures, US STATE NEWS, Oct. 13, 2006, available at 2006 WLNR 17986681.
    • For example, to verify the accuracy of the state's sex offender registry, New Hampshire's governor ordered that the Department of Safety perform internal audits. Department of Safety Reports Back to Gov. Lynch on Sex Offender Registry Procedures, US STATE NEWS, Oct. 13, 2006, available at 2006 WLNR 17986681.
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    • Steinbock, supra note 20, at 80 (citing Fair and Accurate Credit Transactions Act of 2003, Pub. L. No. 108-159, §§ 318-319, 117 Stat. 1952, 1998-99 (2003)).
    • Steinbock, supra note 20, at 80 (citing Fair and Accurate Credit Transactions Act of 2003, Pub. L. No. 108-159, §§ 318-319, 117 Stat. 1952, 1998-99 (2003)).
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    • Id
    • Id.
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    • Id
    • Id.
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    • Id. at 79
    • Id. at 79.
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    • Roberts & Stanton, supra note 114
    • Roberts & Stanton, supra note 114.
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    • HUFF ET AL, supra note 19, at 156
    • HUFF ET AL., supra note 19, at 156
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    • (citing S.K. Rosen, Compensating the Innocent Accused, 37 OHIO ST. L.J. 705 (1976)).
    • (citing S.K. Rosen, Compensating the Innocent Accused, 37 OHIO ST. L.J. 705 (1976)).
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    • 56249088946 scopus 로고    scopus 로고
    • N.Y. CT. CL. ACT § 8-b (McKinney 1989 & Supp. 2008).
    • N.Y. CT. CL. ACT § 8-b (McKinney 1989 & Supp. 2008).
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    • See Coakley v. State, 571 N.Y.S.2d 867, 870 (N.Y. Ct. 01. 1991), aff'd, 640 N.Y.S. 2d 500 (App. Div. 1996).
    • See Coakley v. State, 571 N.Y.S.2d 867, 870 (N.Y. Ct. 01. 1991), aff'd, 640 N.Y.S. 2d 500 (App. Div. 1996).
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    • 571 N.Y.S.2d 867
    • 571 N.Y.S.2d 867.
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    • See, e.g., Steve Mills, Governor Pardons Man DNA Cleared, CM. TEIB, Aug. 4, 2005, at 1, available at http://truthinjustice.org/dominguez.htm.
    • See, e.g., Steve Mills, Governor Pardons Man DNA Cleared, CM. TEIB, Aug. 4, 2005, at 1, available at http://truthinjustice.org/dominguez.htm.
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    • Roberts & Stanton, supra note 114 (finding that it took at least two years for more than half of the exonerees receiving any compensation to obtain a single payment). Conversely, Glen Woodall, who had been exonerated for rapes for which he had spent between four and five years in prison, received one million dollars in three months, the amount of time between his final exoneration and the settlement agreement.
    • Roberts & Stanton, supra note 114 (finding that it took at least two years for more than half of the exonerees receiving any compensation to obtain a single payment). Conversely, Glen Woodall, who had been exonerated for rapes for which he had spent between four and five years in prison, received one million dollars in three months, the amount of time between his final exoneration and the settlement agreement.
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    • SCHECK ET AL., supra note 25, at 107-08. Although his lawyer had talked about filing papers, he had not yet filed.
    • SCHECK ET AL., supra note 25, at 107-08. Although his lawyer had talked about filing papers, he had not yet filed.
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    • one of the state troopers had fraudulently described the laboratory test's results on this occasion and others
    • Id. Apparently, one of the state troopers had fraudulently described the laboratory test's results on this occasion and others.
    • Apparently
  • 204
    • 56249133832 scopus 로고    scopus 로고
    • Id. Thus, one may quickly receive compensation if the wrong is particularly egregious
    • Id. Thus, one may quickly receive compensation if the wrong is particularly egregious.
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    • Armour, supra note 125
    • Armour, supra note 125.
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    • See Daniel Givelber, Meaningless Acquittals, Meaningful Convictions: Do We Reliably Acquit the Innocent?, 49 RUTGERS L. REV. 1317, 1333-36 (1997).
    • See Daniel Givelber, Meaningless Acquittals, Meaningful Convictions: Do We Reliably Acquit the Innocent?, 49 RUTGERS L. REV. 1317, 1333-36 (1997).
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    • See Agus, supra note 10
    • See Agus, supra note 10.


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.