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05-Mar-2020 21:51

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.

The Court cited the various new requirements, and also stated two other factors that influenced their decision: 1) the procedures for registration and classification of sex offenders were placed within Ohio's criminal code, and 2) failure to comply with certain registration requirements subjected an offender to criminal prosecution. 10, as applied to defendants who committed sex offenses prior to its enactment, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from passing retroactive laws." A video of the oral argument that was administered prior to the decision is below.

Some notable comments in this analysis include: "The stigma attached to sex offenders is significant, and the potential exists for ostracism and harassment, as the Cook court recognized. In a recent Pennsylvania Supreme Court case (Commonwealth v.

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You should contact your attorney to obtain advice with respect to any particular issue or problem.

For most, it's probably hard to grasp how such laws could be legal.

By now, many people have realized that they or their friends will be negatively impacted by these laws.Some of the consequences are listed below, but the Court should also realize that if it deems these new laws constitutional, additional consequences / conditions are sure to follow.The court should also consider, as did the Ohio Supreme Court, that it perhaps did not fully envision the negative effects of Megan's Law during the passage of the original law."In applying the second prong, courts “ordinarily defer to the legislature's stated intent,” and “only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty." Ultimately the court ruled that the appellant's loss of pension was a collateral consequence.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.

By now, many people have realized that they or their friends will be negatively impacted by these laws.

Some of the consequences are listed below, but the Court should also realize that if it deems these new laws constitutional, additional consequences / conditions are sure to follow.

The court should also consider, as did the Ohio Supreme Court, that it perhaps did not fully envision the negative effects of Megan's Law during the passage of the original law.

"In applying the second prong, courts “ordinarily defer to the legislature's stated intent,” and “only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty." Ultimately the court ruled that the appellant's loss of pension was a collateral consequence.

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.

If you will be negatively affected by these new laws, we suggest that you contact the Pennsylvania chapter of RSOL (reform sex offender laws) to join the fight, and/or contact the Pennsylvania ACLU to learn about any current appeals that may be planned. Shrager in Pittsburgh, PA have been successful in precluding Megan's Law registration in some cases.