News
News Home
The Regina Brett Show
WKSU News Archive
WKSU News Channel
Special Features
NPR
nowplaying
On AirNewsClassical
Loading...
  
Weather
School Closings
WKSU Support
Funding for WKSU is made possible in part through support from the following businesses and organizations.

First Merit Wealth Management

Northeast Ohio Medical University

Wayside Furniture


For more information on how your company or organization can support WKSU, download the WKSU Media Kit.

(WKSU Media Kit PDF icon )


Donate Your Vehicle to WKSU

Programs Schedule Make A Pledge Member BenefitsFAQ/HelpContact Us
Government


Ohio court rules sex offender law unconstitutional
Court says changes to sex offender registration cannot be applied retroactively
Story by Mike Brown


 

Ohio cannot apply its sex-offender law to people who were convicted before the law took effect. In a 5-2 decision today (Wednesday), the Ohio Supreme Court struck down a law that enhanced penalties for sex offenders retroactively.   

The case stems from a 2007 law that changed the way the state classified many offenders to match federal laws.

Katherine Szudy is with the state public defender’s office, and describes the impact on one of her clients. 

Szudy explains

Other options:
Windows Media / MP3 Download (0:10)


More than 26,000  Ohioans convicted of sex crimes before  2008 will be moved back to Ohio's less rigid sex-offender registry system.

Listener Comments:

When is something going to be done about those whose crimes were committed long before any of these laws were passed but were forced to register under them? That is unconstitutional! Placing them under laws that weren't even in effect when they committed their crimes. Many were classed as predators because judges didn't have guidelines then and saw all offenders as predators. They are registering every 90 days for life and are probably the least dangerous because there were no guidelines.


Posted by: Reallypissed (Ohio) on February 20, 2012 7:02AM
February 2012 update, NOTHING DIFFERENT. All those who were unconstitutionally lumped into the AWA whose crime dates preceded 1/1/08 effective date are still in the Tier system. Apparently as the author here states that "those who were convicted" before that date, which is NOT what the Williams decision stated, all the the Prosecutors and the aG are subscribing to the wrong statement. Someone (HINT) needs to research this ongoing error!


Posted by: Extremely Disgruntled (Ohio) on February 18, 2012 1:02AM
This does not put the Adam Walsh Act out-of-compliance. It does show what a mess Ohio's law makers and Attorney General have made of the registry.


Posted by: Mary (Kendall) on October 25, 2011 6:10AM
September update, DeWine's request for clarification was never answered by the SC, and his recent reconsideration request was denied. (Reconsideration was because DeWine said on his website that he wouldn't appeal it, makes sense now because he really can't appeal it, the OSC ruled it was against the Ohio Const, not the USConst)which makes it stay as a State Court's interpretation. No FED jurisdiction allowed in State affairs.


Posted by: Extremely Disgruntled (Ohio) on September 27, 2011 1:09AM
Also, the first sentence of the story above is incorrect. "Ohio cannot apply its sex-offender law to people *who were convicted* before the law took effect." Between the stars should read *whose crimes were committed*.
Also "More than 26,000 Ohioans convicted of sex crimes before 2008 will be moved back to Ohio's less rigid sex-offender registry system." It's more like 4000-8000. Only those whose crimes are before 1/1/08. Anyone after that has to deal with the consequences on the books at the time of the offense. Whether fair or not. Repeating from above, this only affects sentences after 1/1/08 for crimes committed before that date. Those affected who have been sentenced to 3 years prison are already out of prison and on the registry already. PRC notwithstanding.


Posted by: Extremely Disgruntled (Ohio) on July 27, 2011 6:07AM
No to SCOTUS, it's an Ohio constitution issue, so it really stays here. If they deemed it USC, then the feds rule. Yes to compliance, they will STAY fully compliant, as of all later than 1/1/08 crimes. This ruling only affects crimes before that date that were sentenced after that same date. 90% of those affected are on the list already. Some are even off their PRC. Those sentenced to probation or up to 8 months prison come August 2nd, and 3 years PRC, would be off PRC already, or by then. I believe that the NY system is fair. Only level 2 (habitual equiv.) and 3's (predator/violent equiv.)are posted on website. Level 1's are NOT. Reporting yes, posted not. Only the one's we "need to worry or be concerned about" are posted publicly. NOT everyone. Dilutes the purpose. Public Enlightenment is needed. Maybe the Rodriguez couple seen on TODAY (today-not funny)will open the eyes of the public to at least one of the errors in the AWA.


Posted by: Extremely Disgruntled (Ohio) on July 27, 2011 6:07AM
The full Byrne grant is a pittance compared to the cost of implementing AWA. THE STATE NEVER SHOULD HAVE BEEN SUCKERED BY AWA. Not only is it unconstitutional, it does not protect the public. It makes the state more dangerous.

Get the FACTS:

http://www.ConstitutionalDefense.org


Posted by: JacksontheLion on July 13, 2011 6:07AM
Will the state appeal to SCOTUS?

The Feds maintain that retroactive punishment is legal for sex offenders, as is banishment, exile and civil commitment.

So now Ohio will not be in AWA compliance and no longer get the full Byrne Grant...

Interesting...


Posted by: Anonymous on July 13, 2011 3:07AM
Add Your Comment
Name:

Location:

E-mail: (not published, only used to contact you about your comment)


Comments:




 
Page Options

Print this page

E-Mail this page / Send mp3

Share on Facebook



Stories with Recent Comments

Lifting a NY moratorium could impact OH
Thank you for this report. Please keep us posted on this important issue.

The New Look returns to Massillon
You captured the essence of the exhibition beautifully!

Exploradio - Orchid obsessions
We have a bromeliad expert in Oberlin who's placed some of his collection in a greenhouse at the Lewis center that helps filter and clean water used in the buil...

Heart machine bill makes its third appearance in Congress
My 14 year old daughter Olivia died from sudden cardiac arrest April 22, 2004. I have since been trying to get our local schools to implement CPR/AED programs b...

Kaptur says Kucinich has failed his district
Understatement of the decade. Only LeBron could disappoint more Clevelanders. March is for Marcy.

Santorum stumps in Akron
If his will sue a ciropractor just for the money wait until she is the first lady. she got 175000.00

Activists say now is the time to repeal Ohio's gay marriage ban
I hope it gets repealed! Same-sex couples deserve the same marriage rights as their heterosexual counterparts!

This years Ohio primary more important than many of the states' past contests
Hey Ohio! All of you who are "voting to beat Obama" need to support Ron Paul. Why? "Ron Paul Leads President Obama in Poll of Ohio Voters" http://www.ronpaul20...

Heartbeat bill backers gift roses to the Statehouse
Of course it was a sad and cheap stunt, and because of this, florists ran out if flowers for real sentiment. Shame.

Copyright © 2012 WKSU Public Radio, All Rights Reserved.

 
In Partnership With:

NPR PRI Kent State University

listen in windows media format listen in realplayer format Car Talk Hosts: Tom & Ray Magliozzi Fresh Air Host: Terry Gross A Service of Kent State University 89.7 WKSU | NPR.Classical.Other smart stuff. NPR Senior Correspondent: Noah Adams Living on Earth Host: Steve Curwood 89.7 WKSU | NPR.Classical.Other smart stuff. A Service of Kent State University