Tagged: Juveniles

Juvenile Life without Parole Sentences Unconstitutional

On November 12, 2014, the South Carolina Supreme Court decided Aiken et. al. v. Byars, holding life without parole sentences for crimes committed by juveniles are unconstitutional, unless the sentencing court convened a sentencing hearing and considered all mitigating circumstances, as mandated by the Supreme Court of the United States in Miller v. Alabama.  Charles Grose […]

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Special Concerns Involving Juvenile Sex Offender Registration

Special concerns involving juvenile sex offender registration include (A) the procedural safeguards offered a juvenile prior to adjudication and (B) imposing a lifetime registration requirement despite the extraordinary capacity of juveniles for rehabilitation. A.  Procedural Safeguards Offered a Juvenile Prior to Adjudication.  Whether a state can require lifetime juvenile sex offender registration without offering a […]

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South Carolina’s Sex Offender Registry has turned into Punishment

According to the Supreme Court of the United States, the authority of the state to require sex offender registration flows from a conviction. Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 84 (2003) (“the law’s requirements turn on an offender’s conviction alone”); Smith v. Doe, supra, (registration requirement and dissemination of information flows from conviction). […]

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Preview of Upcoming Blog Posts for Blues, Bar-B-Q, and Bar CLE

On Friday, July 12, 2013, the South Carolina Association of Criminal Defense Lawyers will host the 8th Blues, Bar-B-Q, and Bar CLE at the Arts Center at the Federal Building, in Greenwood, South Carolina.  This seminar coincides with the 13th Annual South Carolina Festival of Discovery.  This event is the perfect opportunity for lawyers to […]

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