Second Generation Litigation Challenging Sex Offender Laws: Developing a Strategic Approach

• In Event: Advances in Sexual Offense Policy Research: Civil Commitments and Judicial Decision-Making

Abstract

Responding to powerful social forces, state legislatures devekioed a suite of laws, purported civil, desiged to prevent or mitigate the risk of recidivist sexual violence. Promptly challenged, these laws were almost uniformly given the green light in constitutional litigatioin. Two-plus decades into their implemtation, a second round of litigation is being mounted. Using a variety of legal approaches, and relying on empirical findings as well as actual implementation, this litigation has gained greater purchase in setting constitutional limitations. This presentation will explore signficiant litigation, and invite discussion about setting a strategic approach to setting limits on sex offender legislation.

Author

• Eric Janus, Mitchell Hamline School of Law