The Gault Center et al. Amicus Brief, In re: C.P.
This amicus brief by The Gault Center, Children’s Law Center, Inc., and the American Civil Liberties Union of Ohio Foundation, Inc. argues mandating young people to register on sex offender registries is improper since youth adjudicated of sex offenses are vastly different from adults convicted of sex offenses, registries frustrate the purpose of juvenile court, and it does not enhance public safety. Furthermore, amici argue placing young people on public registries confers significant long-term adult consequences and violates fundamental fairness and equal protection as guaranteed by the 14th Amendment of the U.S. Constitution and Article I Sections 2 and 16 of the Ohio constitution as well as the prohibition against cruel and unusual punishment guaranteed by the 8th and 14th Amendment of the U.S. Constitution and Article I Section 9 of the Ohio constitution.
From the summary of the argument in the brief: “A longstanding emphasis on the juvenile court’s rehabilitative and protective function has in recent times been reiterated and reinforced by courts relying on scientific research and findings regarding adolescent behavior and brain development. Social science evidence has established, and Courts agree that [youth] should be held to a lesser degree of culpability than their adult counterparts and are more amenable to reform. A statute that imposes adult sanctions and punishments for a juvenile adjudication, without allowing for juvenile court discretion, runs counter to those principles. This is even more critical where those consequences can exact harsh public scrutiny and restrictive life-long requirements upon a [youth].
Children like C.P. who are adjudicated delinquent for a sex offense and subject to mandatory public registration without opportunity for court review or modification for a minimum of 25 years, will be stigmatized and harmed by the consequences surrounding public scrutiny of their juvenile offense.
This Court should overturn the delinquency adjudication of C.P. and find that Revised Code Section 2152.86, which requires mandatory tier III classification of juveniles, ages 14 to 17, as Public Registry-Qualified Juvenile Offender Registrant, violates a [youth’s] right to due process and fundamental fairness, equal protection and to be protected against cruel and unusual punishment, as provided by the Ohio and United States Constitutions.”
