How SCOTUS Promoted Pernicious Myths About Sex Offender Registries

“Summarizing the evidence in a 2016 National Affairs article, Eli Lehrer noted that “virtually no well-controlled study shows any quantifiable benefit from the practice of notifying communities of sex offenders living in their midst.”

To reinforce the logic of registries, Kennedy averred that “the risk of recidivism posed by sex offenders is ‘frightening and high.'” He was quoting his own opinion in an earlier case, which in turn relied on an unsubstantiated estimate from a source who has publicly and repeatedly disavowed it.”

“as Justice John Paul Stevens noted in his dissent, there was “significant evidence of onerous practical effects of being listed on a sex offender registry,” ranging from “public shunning, picketing, press vigils, ostracism, loss of employment, and eviction” to “threats of violence, physical attacks, and arson.”

Those predictable costs, combined with legal restrictions on where registrants may live and which locations they may visit, undermine rehabilitation and continue to punish registrants long after they have completed their sentences. That is why several state and federal courts have concluded, contrary to what the Supreme Court said in Smith, that registration schemes are punitive in effect.”

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