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Criminal Justice

11th Circuit Weighs In on Controversy Over Crime Registries

Posted Mar 13, 2009 2:04 PM CST
By Martha Neil

Another federal appeals court has been heard from in an ongoing controversy over the constitutionality of crime registries, weighing in on the side of the proponents.

Deciding an appeal over a criminal case brought under the Sex Offender Registration and Notification Act (otherwise known as the Adam Walsh Act), the 11th U.S. Circuit Court of Appeals upholds the SORNA statute against several constitutional challenges. Among them, an argument that Congress improperly delegated legislative authority by allowing the U.S. attorney general to determine how SORNA applies to earlier-convicted offenders fails, the appeals court explains in its written opinion (PDF), because federal lawmakers provided "intelligible principles" for the AG to use when making this determination

Other constitutional issues in the case are discussed in a recent Defense Newsletter Blog post.

Related coverage:

ABA Journal: "Crime Registries Under Fire"

Fox: "The Adam Walsh Act Debate"

Constitutional Fights: "Repeal Adam Walsh Act Laws!"

ABAJournal.com: "Adam Walsh Case Closed: Drifter Murdered Son of ‘Most Wanted’ Host"

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