Louisiana’s Supreme Court has sidestepped, for now, the question of whether juveniles convicted of sex crimes can be required to register as sex offenders for the rest of their lives.
Excerpt from the article….
“Advances in law and science recognize that juveniles are developmentally different from adults, with significant psychological difference,” Hughes wrote in a brief dissent, adding: “The law should alleviate unconstitutional results, not avoid them.”
Two other judges agreed with the majority ruling that the man couldn’t appeal – but they said the requirement is unconstitutional and should be changed by lawmakers.
Retired Judge Michael Kirby, appointed to temporarily fill in for Justice Marcus Clark, wrote a separate concurring opinion, agreeing the appeal was barred on procedural grounds.
“Nonetheless, I write separately to express my opinion that the imposition of lifetime sex offender registration on a 14-year old child violates the Eighth Amendment of the United States Constitution and the Louisiana Constitution’s prohibition against excessive sentences,” Kirby wrote. The Eighth Amendment prohibits excessive fines and “cruel and unusual punishment.”