There are two clauses in the U.S. Constitution that specifically prohibits governments from retroactively changing punishments for a crime that was previously committed. This clause also bars a government from changing the rules of evidence in a case or punishing conduct that was legal at the time it was committed. These laws are referred to as Ex Post Facto and according to a recent ruling by a federal judge, the state of Tennessee is in violation of this clause for how they have continued to enforce retroactive punishments against sex offenders, including some whose crimes took place decades before the Tennessee sex offender registry law went into effect.
Federal Lawsuit
In her recent ruling, the judge ordered the removal of eight different men from the state’s sex offender registry list, as well as ordering the state to stop imposing restrictions on what these men can and cannot do, accusing the state of “flouting the Constitution’s guarantees.”
The state’s lawyers argued that the eight men should be kept on the registry in order to prevent future offenses and for the protection of the public. However, in her ruling, the judge pointed out that the state failed to provide any evidence that any of the men posed a threat to the public.
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