United States Supreme CourtOrin S. Kerr, Decryption Originalism: The Lessons of Burr, 134 Harv. L. Rev. 905 (2021). Courtesy of John Wesley Hall @fourthamendment.com The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device. Supreme Court of South CarolinaFor those of us doing court-room work, one of the first questions asked of us is, "will I have to register?" In South Carolina the answer remains, "likely." But for how long is discussed in Powell v. Keel, No. 28033 (S.C. June 9, 2021). Although we find the State has a legitimate interest in requiring sex offender registration and such registration is constitutional, SORA's requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly's stated purpose of protecting the public from those with a high risk of re-offending. Therefore, we hold SORA's lifetime registration requirement is unconstitutional absent any opportunity for judicial review to assess the risk of reoffending. We further hold subsection 23-3-490(E) permits dissemination of the State's sex offender registry information on the internet. We hereby reserve the effective date of this opinion for twelve (12) months from the date of filing to allow the General Assembly to correct the deficiency in the statute regarding judicial review. Nonetheless, because the circuit court has already held a hearing in this case and determined Respondent no longer poses a risk sufficient to justify his continued registration as a sex offender, Appellants shall immediately remove Respondent from the sex offender registry. Air Force Court of Criminal AppealsUnited States v. Perez. The military judge accepted Appellant’s guilty plea to possession and use of cocaine and use of methamphetamine. He was sentenced to 150 days confinement and forfeitures, and a BCD. Case remanded because of missing parts to the stipulation. United States v. Wilson, III. An enlisted panel convicted Appellant of premeditated murder and also of intentionally causing the death of an unborn child. He was sentenced to LWOP, a DD, TF, RIR to E-1, and a reprimand. Appellant raises 26 issues for our consideration on appeal: Findings and sentence affirmed. POTENTIAL APPELLATE CASEUnited States v. PFC. He is accused of sexually assaulting XX in 2019 while she was unconscious. He is also accused of raping and groping other women on multiple occasions over the last four years. (Ed. note, oddly, the piece reports also the alleged victim's name, starting in the headline.) United States v. Perez, previously noted. He pleaded guilty to several specifications and was sentenced to 179 days, RIR to E-7, and a reprimand. PENDING APPELLATE CASEUnited States v. Cabuhat. A staff sergeant has been sentenced to 30 years confinement "for crimes including sexually abusing a child, wrongfully photographing the child, and viewing and possessing child pornography." NOT PENDING APPELLATE CASEAn Air Force Academy major was acquitted of all charges in a court martial that ended Sunday, the Air Force Academy said. Maj. EC was charged with one specification of abusive sexual contact, one specification of abuse of training leadership position, and two specifications of dereliction of duty.
3 Comments
Former DC
6/18/2021 10:47:21 am
"Nonetheless, because the circuit court has already held a hearing in this case and determined Respondent no longer poses a risk sufficient to justify his continued registration as a sex offender, Appellants shall immediately remove Respondent from the sex offender registry."
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6/18/2021 11:34:48 am
Maybe so, but over time we are seeing more attention to the idea that someone ought to be subject to a risk assessment during the registration process. We know that any number of jurisdictions require or allow that at trial (as does the military) for sentencing purposes. But we also have some research to support the idea that a person who pleads not guilty may not be anymore of a risk to someone who pleads guilty.
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Concerned Citizen
6/18/2021 12:30:10 pm
It also seems a stretch to me to say that sex offender registration isn't punitive
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