The Indiana Law Blog published an article today attempting to make sense of the enforcement of the sex offender registry in Indiana.
Making sense out of an Indiana Supreme Court decision last April, Wallace v. State, striking down the application of the mandatory registration for sex offenders, can be tough business these days. Subsequent decisions seem unsure whether individuals required to register before a the registry was implemented in 1994 are automatically void, or whether individual court orders are necessary to exempt them from the law.
I believe the sex offender registry is absolutely necessary to protect our children. However, I am strongly opposed to ex post facto laws. The United States Constitution as well as the Indiana Constitution forbid the retroactive application and enforcement of such laws. But is forcing sexual offenders to register in a statewide database “punitive” in nature!? What do you think!?
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I was a registered sex offender in the state of Indiana. After the Wallace vs State case I simply wrote a letter to the judge to be removed from the sex registry and was completely off all registries within 10 days. I was convicted of a sexual misconduct with a minor a class C felony. My crime was committed in 1998 and I was convicted feb of 2000. Sexual misconduct with a minor did not become a register offense until July of 2001 there for I fell into the expo facto law and was removed immediately. If you live in Indiana and your case is similuar simply write a letter to your sentencing court with cause number and offense and respectively asked to be removed…they have no choice!!
Nice ghoulish article … very fitting for the season and impressively damn interesting.
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