Soon after the Sex Offender Registry was enacted it was challenged on the basis that it violated privacy interests and proscribed cruel and unusual punishment.
This was denied by the SJC on the grounds that the government had a "compelling interest" in protecting people, and that the registry was not punishment.
Can the SJC justices that heard these cases or the chief justice re-open them on their own initiative to correct a condition that has changed?
What I am getting at is: time has she light on the fact that the "compelling government interest" is not met by the registry. DOJ statistics in past 20 years provide proof of this. So how can they continue to shirk our privacy interests?
Also at the time of the cruel and unusual punishment/undue burden/ex post facto argument it was held that the registry "is no more burdensome than registering a car" this of course is not a valid statement and never realy was.
Further several recent court cases have held that the registry is in fact punishment and that no legitimate argument can be made that it is otherwise in its current state.
Does the SJC have a responsibility to correct statutes on their own if facts are sufficient to indicate a gross error?
Can I address the Chief Justice, or the attorney general and request that they repeal and rewrite the law? Is this within their powers? Could I sue them for damages if they fail to take action and I could prove damages?
How about the president? Does he have the power to address a gross error in the law? Could I sue him if I make him aware and he fails to address this?
This was denied by the SJC on the grounds that the government had a "compelling interest" in protecting people, and that the registry was not punishment.
Can the SJC justices that heard these cases or the chief justice re-open them on their own initiative to correct a condition that has changed?
What I am getting at is: time has she light on the fact that the "compelling government interest" is not met by the registry. DOJ statistics in past 20 years provide proof of this. So how can they continue to shirk our privacy interests?
Also at the time of the cruel and unusual punishment/undue burden/ex post facto argument it was held that the registry "is no more burdensome than registering a car" this of course is not a valid statement and never realy was.
Further several recent court cases have held that the registry is in fact punishment and that no legitimate argument can be made that it is otherwise in its current state.
Does the SJC have a responsibility to correct statutes on their own if facts are sufficient to indicate a gross error?
Can I address the Chief Justice, or the attorney general and request that they repeal and rewrite the law? Is this within their powers? Could I sue them for damages if they fail to take action and I could prove damages?
How about the president? Does he have the power to address a gross error in the law? Could I sue him if I make him aware and he fails to address this?
Last edited: