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Therefore, I do not believe that we can continue to label these proceedings as civil in nature. Abraham 2012), the court analyzed whether the appellant's losing his pension unknowingly as a result of a plea bargain was a collateral consequence.These restraints on liberty are the consequences of specific criminal convictions and should be recognized as part of the punishment that is imposed as a result of the offender's actions.’ "When we consider all the changes enacted by S. 10 in aggregate, we conclude that imposing the current registration requirements on a sex offender whose crime was committed prior to the enactment of S. Although this case is not directly related to the issue at hand, the court discussed an analysis to determine whether a provision is punitive, or civil.Although it may be hard to imagine, some high courts have ruled that sex offender registration requirements are not punitive, but are instead collateral consequences. Williams,129 Ohio St.3d 344, 2011-Ohio-3374, the Ohio Supreme Court concluded that the requirements of Ohio's new sex offender laws based upon the Adam Walsh Act had transformed the law from remedial to punitive.Their decision was not based upon a single requirement, but instead was based upon the totality of the requirements.I was quickly discouraged when I first fired up Fireworks, Photoshop, Dreamweaver, and Illustrator to find that I needed a magnifying glass to see simple menu options.
Based upon the rationale used by this court, if the PA's new sex offender laws are going to be challenged, the appellant should have "the clearest of proof" that he or she has been subject to punitive consequences as a result of the new laws.
Section 17 of the Pennsylvania Constitution reads: For example, one cannot be arrested today based upon a new law if the actions of that individual were legal during the time the actions were taken.
Additionally, if an individual were sentenced to the maximum term of 10 years of imprisonment for a crime in 1999, and in 2002 the maximum sentence for that crime changed to 20 years, the sentence of that individual cannot be changed retroactively to conform to the new law.
Please share your stories of how you have been affected by Megan's Law, or how you envision the new laws will negatively affect you.
Please note that our firm does not handle registration issues, but strives to provide the public with a clear understanding of the laws.