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1
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56249122566
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Innocence Project, http://www.innocenceproject.org/Content/259.php (last visited Feb. 12, 2008).
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Innocence Project, http://www.innocenceproject.org/Content/259.php (last visited Feb. 12, 2008).
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2
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56249113304
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Id
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Id.
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3
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56249120216
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Id
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Id.
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4
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56249132088
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TARYN SIMON, PETER NEUFELD & BARRY SCHECK, THE INNOCENTS 64 (2d ed. 2003) (quoting Samuel Scott).
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TARYN SIMON, PETER NEUFELD & BARRY SCHECK, THE INNOCENTS 64 (2d ed. 2003) (quoting Samuel Scott).
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5
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56249119164
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Id
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Id.
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6
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56249126327
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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);
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-
-
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7
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34547217476
-
-
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))).
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8
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56249141448
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Yang, supra note 6, at 1318-19;
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Yang, supra note 6, at 1318-19;
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9
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56249147781
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Ga. Laws 582;
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see, e.g., 2008 Ga. Laws 582;
-
(2008)
see, e.g
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-
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10
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56249132633
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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).
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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).
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11
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56249136520
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Dana Neaçsu, Tempest in a Teacup or the Mystique of Sexual Legal Disclosure, 38 GONZ. L. REV. 601, 641 (2003)
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Dana Neaçsu, Tempest in a Teacup or the Mystique of Sexual Legal Disclosure, 38 GONZ. L. REV. 601, 641 (2003)
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-
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12
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56249092065
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(citing Megan's Law: A Scarlet Letter -Are Sex Offenders Being Punished Too Bluntly?, ECONOMIST, Nov. 16, 2002, at 27).
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(citing Megan's Law: A Scarlet Letter -Are Sex Offenders Being Punished Too Bluntly?, ECONOMIST, Nov. 16, 2002, at 27).
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13
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21344437052
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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).
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14
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56249137218
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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).
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"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).
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15
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56249108035
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See, e.g., OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
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See, e.g., OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
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16
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56249088248
-
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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).
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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).
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17
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56249108374
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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.
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-
-
-
18
-
-
0011831772
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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
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19
-
-
56249089991
-
-
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)).
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-
-
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20
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56249128219
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-
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.");
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21
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56249121863
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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."));
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22
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56249112271
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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).
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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").
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23
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56249122565
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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).
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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).
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-
-
-
24
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56249119521
-
-
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);
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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);
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-
-
-
25
-
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9444294383
-
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
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26
-
-
56249112607
-
-
SEE, E.G., C. RONALD HUFF, ARYE RATTNER & EDWARD SAGARIN, CONVICTED BUT INNOCENT: WRONGFUL CONVICTION AND PUBLIC POLICY 5, 79 (1996).
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SEE, E.G., C. RONALD HUFF, ARYE RATTNER & EDWARD SAGARIN, CONVICTED BUT INNOCENT: WRONGFUL CONVICTION AND PUBLIC POLICY 5, 79 (1996).
-
-
-
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27
-
-
76649112070
-
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
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28
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56249092064
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Id. at 18-19
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Id. at 18-19.
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29
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56249136878
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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.
-
-
-
-
30
-
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39349104572
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N.Y. TIMES, June 16, at Al
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Duff Wilson, Facing Sanction, Duke Prosecutor Says He'll Resign, N.Y. TIMES, June 16, 2007, at Al.
-
(2007)
Facing Sanction, Duke Prosecutor Says He'll Resign
-
-
Wilson, D.1
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31
-
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56249091385
-
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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).
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-
-
-
32
-
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56249120214
-
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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?").
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-
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33
-
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56249085558
-
-
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);
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-
-
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34
-
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56249113773
-
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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);
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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);
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-
-
-
35
-
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56249128944
-
-
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.
-
-
-
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36
-
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56249100037
-
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supra, at
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SCHECK ET AL., supra, at 73.
-
-
-
ET AL, S.1
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37
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56249126761
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Horowitz, supra note 12, at 144-47
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Horowitz, supra note 12, at 144-47.
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-
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38
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56249099008
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Id. at 148
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Id. at 148.
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39
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56249086815
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Id. at 147
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Id. at 147.
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40
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56249127845
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Id
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Id.
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41
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56249117670
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Id. at 148
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Id. at 148.
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42
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56249105074
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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.
-
-
-
-
43
-
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56249092063
-
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Oct. 24, 2006, available at
-
Janese Heavin, Sex Crime Registry Is Expanded: Highway Patrol Puts Offenders' Ages, Searchable Maps on Web, COLUMBIA DAILY TRIB., Oct. 24, 2006, available at http://archive. columbiatribune.conl/2006/oct/20061024news004.asp.
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Sex Crime Registry Is Expanded: Highway Patrol Puts Offenders' Ages, Searchable Maps on Web, COLUMBIA DAILY TRIB
-
-
Heavin, J.1
-
44
-
-
56249132632
-
-
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
-
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56249107678
-
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Id. § 2721.21(D).
-
Id. § 2721.21(D).
-
-
-
-
46
-
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56249093788
-
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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)).
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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
-
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56249140768
-
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citing § 3797.080
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Id. (citing § 3797.08(0).
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-
-
Heavin, J.1
-
48
-
-
56249125258
-
-
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).
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-
-
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49
-
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56249099007
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Of course, this civil statute does not impose prison time
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Of course, this civil statute does not impose prison time.
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-
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50
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56249092752
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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
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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.
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-
-
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51
-
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56249085238
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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);
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-
-
-
52
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56249083520
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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
-
-
Horowitz, supra note 12, at 155
-
Horowitz, supra note 12, at 155.
-
-
-
-
54
-
-
56249119520
-
-
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
-
-
Eighth Judicial Dist. Court (Romano), 97 P.3d at 606.
-
Eighth Judicial Dist. Court (Romano), 97 P.3d at 606.
-
-
-
-
56
-
-
34248663020
-
-
U.S
-
In re Winship, 397 U.S. 358 (1970).
-
(1970)
In re Winship
, vol.397
, pp. 358
-
-
-
57
-
-
56249141447
-
-
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
-
-
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
-
-
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
-
-
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
-
-
See OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
-
See OHIO REV. CODE ANN. § 2721.21 (West 2006 & Supp. 2008).
-
-
-
-
62
-
-
33845234723
-
-
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
-
-
In re Winship, 397 U.S. at 372 (Harlan, J. concurring).
-
In re Winship, 397 U.S. at 372 (Harlan, J. concurring).
-
-
-
-
64
-
-
84925081881
-
-
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);
-
-
-
-
65
-
-
56249087903
-
-
see also, Apr. 6, available at
-
see also Marci Hamilton, How the Ohio Legislature Betrayed Child Victims of Clergy Abuse, and How We Can Stop It From Happening Nationwide, FINDLAW, Apr. 6, 2006, available at http://writ.news.findlaw.com/hamilton/20060406.html.
-
(2006)
How the Ohio Legislature Betrayed Child Victims of Clergy Abuse, and How We Can Stop It From Happening Nationwide, FINDLAW
-
-
Hamilton, M.1
-
66
-
-
56249131094
-
-
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
-
-
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
-
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
-
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
-
-
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
-
-
See, e.g., Snyder, 912 P.2d at 1129-31.
-
See, e.g., Snyder, 912 P.2d at 1129-31.
-
-
-
-
72
-
-
23744489630
-
-
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
-
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
-
-
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
-
-
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
-
-
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
-
-
(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
-
-
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
-
-
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
-
-
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
-
-
See generally TERRY & FURLONG, supra note 16
-
See generally TERRY & FURLONG, supra note 16.
-
-
-
-
82
-
-
56249126326
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
IDAHO CODE ANN. § 18-8310(1)-(2) (2004).
-
IDAHO CODE ANN. § 18-8310(1)-(2) (2004).
-
-
-
-
90
-
-
56249095464
-
-
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
-
-
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
-
-
Id. § 18-8310(2).
-
Id. § 18-8310(2).
-
-
-
-
93
-
-
56249133831
-
-
OHIO REV. CODE ANN. § 2721.21(F) (West 2006 & Supp. 2008).
-
OHIO REV. CODE ANN. § 2721.21(F) (West 2006 & Supp. 2008).
-
-
-
-
95
-
-
56249086074
-
-
See supra Part II.B.2.
-
See supra Part II.B.2.
-
-
-
-
96
-
-
56249122252
-
-
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
-
-
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
-
-
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
-
-
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
-
-
(citing GAL. PENAL CODE § 299(c)(1) (West 2005)).
-
(citing GAL. PENAL CODE § 299(c)(1) (West 2005)).
-
-
-
-
101
-
-
56249137846
-
-
Knapp, 79 P.3d at 743.
-
Knapp, 79 P.3d at 743.
-
-
-
-
102
-
-
56249125606
-
-
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
-
-
OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008).
-
OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008).
-
-
-
-
104
-
-
56249090359
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
See, e.g., TERRY & FURLONG, supra note 16, ¶ 2.2 (3)).
-
See, e.g., TERRY & FURLONG, supra note 16, ¶ 2.2 (3)).
-
-
-
-
113
-
-
56249110490
-
-
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
-
-
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
-
-
Sarsfield, 2006 WL 2850359, at *1.
-
Sarsfield, 2006 WL 2850359, at *1.
-
-
-
-
116
-
-
56249102422
-
-
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
-
-
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
-
-
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
-
-
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
-
-
Small, supra note 90, at 1464
-
Small, supra note 90, at 1464.
-
-
-
-
121
-
-
56249130047
-
-
Id
-
Id.
-
-
-
-
122
-
-
56249093450
-
-
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
-
-
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
-
-
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)
-
-
-
-
125
-
-
56249084891
-
-
citing, Baton Rouge, La, Nov. 6, at
-
(citing Steve Wheeler, Sex Laws Protection Not Automatic, SUNDAY ADVOCATE (Baton Rouge, La.), Nov. 6, 1994, at B1).
-
(1994)
Sex Laws Protection Not Automatic, SUNDAY ADVOCATE
-
-
Wheeler, S.1
-
126
-
-
56249087902
-
-
Tewksbury, supra note 52
-
Tewksbury, supra note 52.
-
-
-
-
127
-
-
56249092419
-
-
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
-
-
Neal v. Shimoda, 131 F.3d 818, 830 (9th Cir. 1997).
-
Neal v. Shimoda, 131 F.3d 818, 830 (9th Cir. 1997).
-
-
-
-
129
-
-
56249095135
-
-
See Vander Zee, 73 F.3d at 1369.
-
See Vander Zee, 73 F.3d at 1369.
-
-
-
-
130
-
-
56249089323
-
-
Tewksbury, supra note 52, at 68
-
Tewksbury, supra note 52, at 68.
-
-
-
-
131
-
-
56249085911
-
-
Id
-
Id.
-
-
-
-
132
-
-
35248896318
-
-
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
-
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
-
-
Tewksbury, supra note 52, at 68
-
Tewksbury, supra note 52, at 68.
-
-
-
-
135
-
-
56249099343
-
-
Id. at 69
-
Id. at 69
-
-
-
-
136
-
-
56249088607
-
-
(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
-
-
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
-
-
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
-
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
-
-
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
-
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
-
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
-
-
Supra Part I (discussing Scott's experience).
-
Supra Part I (discussing Scott's experience).
-
-
-
-
144
-
-
56249136877
-
-
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
-
-
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
-
-
Geiger, supra note 96, at 1201-02.
-
Geiger, supra note 96, at 1201-02.
-
-
-
-
147
-
-
56249087179
-
-
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
-
-
Id
-
Id.
-
-
-
-
149
-
-
56249115874
-
-
Id
-
Id.
-
-
-
-
150
-
-
56249084540
-
-
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
-
-
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
-
-
Tewksbury, supra note 52, at 76
-
Tewksbury, supra note 52, at 76.
-
-
-
-
153
-
-
84894689913
-
-
§ 1983 2000
-
42 U.S.C. § 1983 (2000).
-
42 U.S.C
-
-
-
154
-
-
56249145630
-
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
-
-
Id
-
Id.
-
-
-
-
156
-
-
56249120213
-
-
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
-
-
Armour, supra note 125
-
Armour, supra note 125.
-
-
-
-
158
-
-
56249141446
-
-
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
-
-
Supra Part I
-
Supra Part I.
-
-
-
-
160
-
-
56249100998
-
-
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
-
-
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
-
-
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
-
-
Id. at 262
-
Id. at 262.
-
-
-
-
164
-
-
56249088247
-
-
Id. at 247-48
-
Id. at 247-48.
-
-
-
-
165
-
-
56249119162
-
-
See id
-
See id.
-
-
-
-
166
-
-
56249086814
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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
-
-
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)).
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173
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56249105787
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Wetterling Act
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§ 14071(e)2, 2000
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Wetterling Act, 42 U.S.C. § 14071(e)(2) (2000).
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42 U.S.C
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-
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174
-
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56249103767
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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
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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 ).
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175
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56249117307
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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).
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176
-
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56249084207
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Steinbock, supra note 146, at 68. (False positives occur when people who are not dangerous are classified as such.).
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Steinbock, supra note 146, at 68. ("False positives" occur when people who are not dangerous are classified as such.).
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177
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56249124922
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OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008);
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OHIO REV. CODE ANN. § 2721.21(D) (West 2006 & Supp. 2008);
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-
-
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178
-
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56249099667
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see supra Part II.C.
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see supra Part II.C.
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-
-
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179
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56249119519
-
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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)).
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180
-
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84894689913
-
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§ 15483 Supp. 2005
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42 U.S.C. § 15483 (Supp. 2005).
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42 U.S.C
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-
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182
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56249100372
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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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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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183
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56249102757
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Id
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Id.
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184
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56249112270
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See id
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See id.
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185
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56249098313
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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.
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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.
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186
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56249131428
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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)).
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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)).
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187
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56249090687
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Id
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Id.
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188
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56249086077
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Id
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Id.
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189
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56249096169
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Id. at 79
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Id. at 79.
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190
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56249119161
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Roberts & Stanton, supra note 114
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Roberts & Stanton, supra note 114.
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191
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56249140414
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HUFF ET AL, supra note 19, at 156
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HUFF ET AL., supra note 19, at 156
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192
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56249083128
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(citing S.K. Rosen, Compensating the Innocent Accused, 37 OHIO ST. L.J. 705 (1976)).
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(citing S.K. Rosen, Compensating the Innocent Accused, 37 OHIO ST. L.J. 705 (1976)).
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193
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56249088946
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N.Y. CT. CL. ACT § 8-b (McKinney 1989 & Supp. 2008).
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N.Y. CT. CL. ACT § 8-b (McKinney 1989 & Supp. 2008).
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195
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56249123604
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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).
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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).
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198
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56249141091
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571 N.Y.S.2d 867
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571 N.Y.S.2d 867.
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199
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56249146655
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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.
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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.
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-
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200
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56249134517
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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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-
-
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201
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56249086442
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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.
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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.
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203
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56249129274
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-
one of the state troopers had fraudulently described the laboratory test's results on this occasion and others
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Id. Apparently, one of the state troopers had fraudulently described the laboratory test's results on this occasion and others.
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Apparently
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-
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204
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56249133832
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Id. Thus, one may quickly receive compensation if the wrong is particularly egregious
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Id. Thus, one may quickly receive compensation if the wrong is particularly egregious.
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205
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56249108373
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Armour, supra note 125
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Armour, supra note 125.
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-
-
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206
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56249143078
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CHRON, Sept. 6, at, available at
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David Ellison, For This Bill, ExCon Will Be Key Lobbyist; Measure Aims to Increase Compensation for the Wrongly Convicted, HOUS. CHRON., Sept. 6, 2006, at 1, available at http://www.nacdl.org/ public.nsf/DefenseUpdate8/rexas010.
-
(2006)
For This Bill, ExCon Will Be Key Lobbyist; Measure Aims to Increase Compensation for the Wrongly Convicted, HOUS
, pp. 1
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Ellison, D.1
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207
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0041713894
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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).
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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).
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208
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56249119855
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See Agus, supra note 10
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See Agus, supra note 10.
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