Monday, May 13, 2013

OK - Federal Ruling Could Change Restrictions for Oklahoma Sex Offenders

Original Article (Video Available)


By Mark Taylor

A recent ruling in Federal Court could change the way sex offenders are punished. The May 8th ruling decided in favor of the defendant, [name withheld], who was convicted back in 1994 of lewd acts in Illinois. [name withheld] challenged his probationary restrictions that barred him from internet use and won, "He was saying, I shouldn't have to do all of these things," Fox 25 Legal analyst David Slane said. "I think it's the first step in what may be a trend," added Slane. Right now sex offenders are often given blanket restrictions and rules on where they can live, work and spend time. Slane believes this may soon change, so that the punishment will fit the crime, "If a sex offender did not do something related to the internet for example, you're probably not going to be able to restrict his access to the internet," Slane added, "The courts seem to be saying, in the future, there needs to be a connection between the two, or they are not going to be able to restrict his (or her) access." Slane said this is only applies in federal cases, but unless the Supreme court overturns it, it may soon spread to lower courts.


Macintosh said...

The article is confusing. Was the Federal ruling about probationary restrictions or sex offender registrants restrictions? Because the case was in Federal court the defendant had to claim that either a Federal law or a Constitutional right had been violated. What did the defendant claim? Where there specific limits (or tests) that were applied (or created) in deciding the issue? Without knowing any of that ... People shouldn't get there hopes up. There's also the possibility that Oklahoma appeals the decision. The appeals could last for a decade. On the bright side a win is a win.

Mark said...

UNITED STATES V GOODWIN. 7th Circuit federal court of appeals. No. 12-2921. Goodwin was convicted for failing to register. Received 27 months imprisonment, plus "life-time" supervised release (of course). Plus a host of other restrictions that had nothing to do with his prior sexual offense a number of years past or for failing to register. Also the federal district court judge rules that Goodwin's failure to register was an offense against a minor!!!! There is the Conclusive presumption by a very biased judge. The 7th circuit wiped out all but the supervised release imposed on Goodwin because none of the restrictions involved the crime for which he was charged years back and for failing to register is a separate crime, not a crime against a minor warranting those impositions upon him.