Tuesday, February 27, 2018

Could someone please tell Tom Holm of the Lewiston Tribune that the Constition is NOT a "loophole"?

I'm getting real tired of the media using the term "loophole" in an attempt to propagate fear and misinformation.

I am not going to publish the entire piece, just the relevant passage.


Chilling loophole
Two-time sex offender convicted one day prior to retroactive sex offender registry won't be added to list if he is released
By TOM HOLM of the Tribune Feb 25, 2018

The loophole

The sex offender registry doesn’t include many loopholes. But John Mebane could fit through this one.

The registry was adopted by the Idaho Legislature in 1998. It states that those convicted of some sex crimes will be added to a lifetime registry if convicted on or after July 1, 1993.

John Mebane was convicted of molesting the 4-year-old boy on June 30, 1993, just one day prior to the retroactive date of the registry.

Sen. Dan Johnson, R-Lewiston, said in an email he corresponded with colleagues in the state Senate and found that modifying the law to be infinitely retroactive would be unconstitutional.

Any attempt to retroactively include offenders prior to July 1993 would be deemed “ex post facto,” and such laws are unconstitutional. The rule is meant to prevent previously legislated criminal sanctions from being retroactive or increasing punishments. Idaho law conforms with federal code in this circumstance. However, the U.S. Supreme Court has found in two cases that publishing the registry online – in 2003 prior to its ubiquity on the web – was permitted since it was not considered an increased punishment.

Mike Mebane said he’s called each of Idaho’s congressmen trying to compel them to make the registry infinitely retroactive, but without movement on the federal level or a U.S. Supreme Court opinion it’s unlikely to change.

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