zencompass
Hope springs eternal
- Joined
- Jul 16, 2014
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From CNN's Aaron Cooper:
One hour ago: From CNN's Aaron Cooper:
"The judge overseeing Bill Cosby's sentencing has called a break this morning to decide if the the Pennsylvania Sexually Violent Predator assessment and subsequent sex offender registration is constitutional."
"Joseph Green, representing Cosby, briefly argued the law was unconstitutional, and could not be constitutionally applied to Cosby because it was punitive - and punishment without due process.
A Commonwealth Attorney said the Cosby was trying "to escape" the registration required for sexual predators. She said sex offender registration laws are not punitive, but a way to help citizens and their children protect themselves. She says the legislative intent was not punitive, but the legitimate interest to protect people and cited several cases, as she walked the judge through the three versions of the law which the legislature did to make it non-punitive.
The current law means that someone with a Sexually Violent Predator Assessment would require registering upon release, and then informing the PA State Police of changes in residence and employer, as well as a quarterly in-person check-in and counseling.
She highlighted some of Cosby's arguments in his brief (like the argument that the registration would prevent him from spending time with his grandchildren, and there wouldn’t be time to apply to get off of the list because of his advanced age).
She says the test of constitutionality doesn't question the direct impact on him, but people in general. She went on to say that nothing in the law would impact Cosby, if found to be a SVP, would prevent him from spending time with his grandkids.
It doesn't restrict his movement, it doesn't take away freedom of moment, "he just has to notify the state police and check in on a regular basis," she countered."
12 min ago
Judge rules PA law on sex offender registrations is constitutional
From CNN's Aaron Cooper:
"The judge ruled that the Sexually Violent Predator Assessment, and the current PA law dealing with sex offender registrations was constitutional."
"Judge O'Neill cited several cases that he relied on for his decision, as well as PA law."
One hour ago: From CNN's Aaron Cooper:
"The judge overseeing Bill Cosby's sentencing has called a break this morning to decide if the the Pennsylvania Sexually Violent Predator assessment and subsequent sex offender registration is constitutional."
"Joseph Green, representing Cosby, briefly argued the law was unconstitutional, and could not be constitutionally applied to Cosby because it was punitive - and punishment without due process.
A Commonwealth Attorney said the Cosby was trying "to escape" the registration required for sexual predators. She said sex offender registration laws are not punitive, but a way to help citizens and their children protect themselves. She says the legislative intent was not punitive, but the legitimate interest to protect people and cited several cases, as she walked the judge through the three versions of the law which the legislature did to make it non-punitive.
The current law means that someone with a Sexually Violent Predator Assessment would require registering upon release, and then informing the PA State Police of changes in residence and employer, as well as a quarterly in-person check-in and counseling.
She highlighted some of Cosby's arguments in his brief (like the argument that the registration would prevent him from spending time with his grandchildren, and there wouldn’t be time to apply to get off of the list because of his advanced age).
She says the test of constitutionality doesn't question the direct impact on him, but people in general. She went on to say that nothing in the law would impact Cosby, if found to be a SVP, would prevent him from spending time with his grandkids.
It doesn't restrict his movement, it doesn't take away freedom of moment, "he just has to notify the state police and check in on a regular basis," she countered."
12 min ago
Judge rules PA law on sex offender registrations is constitutional
From CNN's Aaron Cooper:
"The judge ruled that the Sexually Violent Predator Assessment, and the current PA law dealing with sex offender registrations was constitutional."
"Judge O'Neill cited several cases that he relied on for his decision, as well as PA law."
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