Abstract
Within the contents of this paper, by the end you will be able to understand how “The Adam Walsh Child Protection and Safety Act of 2006” began, and by whom and the reasons supporting. You will also be able to identify the most controversial aspect of the Adam Walsh Act and changes that the Walsh Act brought forth, the constitutional challenges that the Walsh Act faces. You will also be able to identify the rationale behind the Walsh Act. This topic was of most interest to me, being a victim of a sex crime I wanted to research and form an opinion. I want to know if the Walsh Act was truly seeking justice for the victims, or if this was another loop hole in the already complicated Criminal Justice system.
Keywords: sex offenders; Adam …show more content…
Sentencing Guidelines. Federal judges have also placed the mandatory bail conditions of the Walsh Act directly in their sights. As states and the Federal government set mandatory minimum sentences, judges lose discretion in deciding the best punishment fitting the crime and/or treatment options available for offenders. In a response to the federally mandated requirements, to date, “seventeen courts have addressed the constitutionality of the mandatory pretrial release provision of the Adam Walsh Act Amendments, focusing primarily on the Excessive Bail Clause of the Eighth Amendment, the Due Process Clause and The Separation of Powers Doctrine of the Fifth Amendment.” Many federal courts are holding that the bail provisions under the Adam Walsh Act are unconstitutional and it seems as though the registration requirements serve as a form of retribution. (Letourneau et. al, 2010) The Adam Walsh Act also made the registration and community notification component of the Adam Walsh Act retroactive, this means that all individuals previously adjudicated with a sexual offense will be required to register as a sex offender whether they come back into the criminal justice system as a result of a criminal charge that is sexual or non-sexual. (Labanov-Rotovsky, 2010) In the 2003 case of Smith v. Doe, the U.S. Supreme Court ruled that registration and notification processes are concerned with public safety and as such are viewed as regulation, not punishment. (Labanov-Rotovsky, 2010) The Adam Wash Act also altered the bail law by governing bail courts to specifically consider whether the offender poses a danger to the community, and to apply more rigorous tests for determination of whether the offender should be released or remain in detention. The Adam Walsh Act automatically imposes certain pretrial release conditions for all persons charged with a sex offense, even
Within the contents of this paper, by the end you will be able to understand how “The Adam Walsh Child Protection and Safety Act of 2006” began, and by whom and the reasons supporting. You will also be able to identify the most controversial aspect of the Adam Walsh Act and changes that the Walsh Act brought forth, the constitutional challenges that the Walsh Act faces. You will also be able to identify the rationale behind the Walsh Act. This topic was of most interest to me, being a victim of a sex crime I wanted to research and form an opinion. I want to know if the Walsh Act was truly seeking justice for the victims, or if this was another loop hole in the already complicated Criminal Justice system.
Keywords: sex offenders; Adam …show more content…
Sentencing Guidelines. Federal judges have also placed the mandatory bail conditions of the Walsh Act directly in their sights. As states and the Federal government set mandatory minimum sentences, judges lose discretion in deciding the best punishment fitting the crime and/or treatment options available for offenders. In a response to the federally mandated requirements, to date, “seventeen courts have addressed the constitutionality of the mandatory pretrial release provision of the Adam Walsh Act Amendments, focusing primarily on the Excessive Bail Clause of the Eighth Amendment, the Due Process Clause and The Separation of Powers Doctrine of the Fifth Amendment.” Many federal courts are holding that the bail provisions under the Adam Walsh Act are unconstitutional and it seems as though the registration requirements serve as a form of retribution. (Letourneau et. al, 2010) The Adam Walsh Act also made the registration and community notification component of the Adam Walsh Act retroactive, this means that all individuals previously adjudicated with a sexual offense will be required to register as a sex offender whether they come back into the criminal justice system as a result of a criminal charge that is sexual or non-sexual. (Labanov-Rotovsky, 2010) In the 2003 case of Smith v. Doe, the U.S. Supreme Court ruled that registration and notification processes are concerned with public safety and as such are viewed as regulation, not punishment. (Labanov-Rotovsky, 2010) The Adam Wash Act also altered the bail law by governing bail courts to specifically consider whether the offender poses a danger to the community, and to apply more rigorous tests for determination of whether the offender should be released or remain in detention. The Adam Walsh Act automatically imposes certain pretrial release conditions for all persons charged with a sex offense, even