Automatic Lifetime Registration For Juvenile Sex Offenders Is Unconstitutional

Medina County Sex offender registration attorney
The Ohio Supreme Court has ruled that automatic lifetime registration for juvenile sex offenders is unconstitutional. In their decision, the Ohio Supreme Court ruled that automatically imposing a lifetime registration requirement for a juvenile sex offender amounts to cruel and unusual punishment and violates the juvenile’s right to due process of law. In 2006, Congress passed the Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORN). In 2008, Ohio became the first state to adopt a law that followed SORN. When the Ohio Supreme Court reviewed this law in its 2012 decision, it noted that most of the states refused to pass similar laws, opposing the lifetime sex offender registration and notification requirements for juveniles. This national consensus of rejecting automatic lifetime registration requirements for juveniles was the first of two factors the Court used to strike down this portion of the law. The second step was to look at the court’s own independent judgment on whether this punishment violates the Constitution. In doing so, the Court determined that: (1) the lifetime registration requirement was much more likely to hinder than to help juveniles obtain stable employment and reintegrate into their communities after their release from custody; (2) was contrary to past decisions that held that juveniles should be treated as less morally capable than adults; and (3) was contrary to the juvenile justice system’s primary purpose of rehabilitation rather than punishment. This analysis led the court to conclude that the severity of lifetime registration and notification and lack of adequate justification renders it cruel and unusual under the eighth amendment to the United States Constitution. The law also denied due process because it is automatic and does not allow the court to consider the child’s background or how publication of the offense might affect rehabilitation.

 

Daniel Gigiano's Employment Certificate Article And More 

  To learn more, read my other related posts, where I wrote about adult sentences in juvenile cases, factors affecting an agreed sentence, reduction in maximum prison terms for some offenses, ways to avoid going to jail, jail time credit, certificate of qualification for employment, changes to Ohio DUI laws, felony theft, Ohio shoplifting laws, the difference between felonies and misdemeanors in Ohio, and expunging convictions. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section.

Daniel Gigiano Reviews And Contact Information

  Attorney Gigiano’s office is located in Wadsworth, Ohio, where he serves as your Wadsworth juvenile attorney in Medina County. To learn more about the work Attorney Gigiano has done for his clients, take a look at the Daniel Gigiano Reviews, reviews found in a number of websites, and articles and links to his work. To learn more about specific cases, including his work as a Doylestown, Ohio juvenile attorney near Rittman, take a look at his case highlights page. If you have questions about this or other questions you need answered by a Wooster juvenile attorney near Orrville or an Akron juvenile lawyer near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.