Sex Offenses & Registration
The Minnesota Court of Appeals held that statements made to a child welfare investigator after invoking the right to counsel are inadmissible under Miranda, finding that the investigator was acting as an arm of the state. The court reasoned: The central issue on appeal therefore narrows to whether Flores’s invocation of his Miranda rights bars not…
The Fifth Court of Appeals of Texas reversed a sex offense adjudication finding a violation of due process and the right to confrontation when a state investigator signaled to a child witness during their testimony at trial. The court stated in relevant part: “Rather than being a permissible support person, Dear, looking like Santa, interjected…
The New Jersey Superior Court Appellate Division held that when individuals convicted of sex offenses in other states relocate to New Jersey, they are entitled to a hearing assessing whether their out-of-state conviction is “similar to” New Jersey Megan’s Law offenses before indicting individuals for failure to register, pursuant to their due process rights. The…
The Florida Court of Appeals, Second District, found the trial court erred when it decided to make an upward departure from the recommendation of the Department of Juvenile Justice’s recommendation and failed to explain why the departure was most appropriate for T.S.’s individual rehabilitative needs. The court reasoned in part: “Simply listing ‘reasons’ that are…
“Juvenile sex offender registration was never a natural fit for the youth justice system, but in the digital age, it has become deeply harmful. What began as a paper-based precaution has evolved into a sprawling digital regime that permanently brands adolescents at the most formative stage of life. This Article examines how technological change has…
The Washington Appeals Division 2 reversed a conviction involving allegations of an 11-year-old child charged with attempted rape of a child, finding that the state failed to produce clear and convincing evidence that the child was capable of committing a criminal sexual act. The court stated in relevant part: “A child of at least 8…
The Court of Appeals of Ohio, Eighth District, held that the trial court erred when it did not permit D.C. an opportunity to speak on his own behalf during the dispositional hearing, particularly when the trial court emphasized D.C.’s purported lack of remorse. The court stated in relevant part: “While appellant’s counsel spoke on his…
The Colorado Supreme Court held that generative AI images using “deepfake technology” purportedly created by S.G.H., were not prohibited by the relevant statutory provisions in effect on the dates of the charged offenses, and therefore his case must be dismissed. The court ¶37 For three reasons, we infer from the statutory and legislative histories of…
The Court of Appeals in North Carolina vacated a judgment adjudicating L.K. delinquent for indecent liberties between minors and imposing a Level 1 disposition upon him, based upon the trial court’s failure to state a standard of proof. The court stated in relevant part: “In the case sub judice, our review of the transcripts and…
This guide was developed by the Gault Center New England Region and offers key insights on sex offense registration requirements for youth based on the practice and experience of youth defense practitioners in New England states.
The Oregon Court of Appeals held that the court must provide constitutionally adequate notice to a young person of a requirement to appear in person rather than remotely before making a finding of “failure to appear”. The court stated in relevant part: “Fundamental principles of due process require that an individual be provided with notice…
This affidavit compiles key research on adolescent brain development and the harms of juvenile sex offense registration and concludes that young people should not be placed on sex offender registries. Specifically, this affidavit highlights research showing that registration requirements are ineffective in keeping communities safe and lowering recidivism rates, in addition to research demonstrating that…
In this session of our 2022 Racial Justice Training Series and Book Club, Prof. Kristin Henning and Ebony Howard, Deputy Director of The Gault Center, were joined by Maheen Kaleem, Deputy Director of Grantmakers for Girls of Color, and Brittany Mobley, Deputy Chief of the Juvenile Services Program at DC Public Defender Service. In this…
This amicus brief from the Center for Law, Brain, and Behavior highlights the adolescent capacity for significant growth and social maturation as well as criminological evidence on the unlikelihood of reoffending and responsiveness to evidence-based treatment among youth accused of sex offenses. The brief ultimately calls for the court to find that a de facto life without parole sentence is grossly disproportionate based on developmental science and research. From the Summary of Argument: “Evan McCarrick Jerald is…
Outlines steps that states must take to comply with the minimum requirements of the U.S. Constitution to protect the rights of youth facing deprivations of liberty.
This guide is meant to help young people in Oregon understand the collateral consequences to juvenile court involvement and adjudications, and what they can do to overcome those consequences. Written in youth-friendly language, this guide walks through how young people should talk about their juvenile court record, the impact of their record on school, jobs,…
From the introduction: “This report focuses on individuals who were under the age of 18 at the time the sexual offense occurred and who were adjudicated delinquent in the juvenile justice system or tried and convicted in adult criminal court. While significant research shows the ineffectiveness and harm of registration for individuals who were 18…
