Warm greetings from the PARSOL Board of Directors. Thank you for having a look at our Autumn 2021 Newsletter. Since our last newsletter in July, we have been busy advocating for the dignity of Pennsylvanians who are forced to register. We have also kept a close eye on the legal challenges to PA’s registry that are making their way through…
Read MoreSeparation of Powers in Pennsylvania: The Judiciary’s Prevention of Legislative Encroachment
Duquesne Law Review Vol 32, No. 3, Article 6 1994 John M. Mulchey By JB The following article from the Duke University Law Review explains how and why our Pennsylvania Supreme Court is more powerful than most other states’ supreme courts. The cases and the way our Supreme Court has interpreted its powers are explained through the Court’s interpretation of…
Read MoreNewsletter #3, July 2021
Warm greetings from the PARSOL Board of Directors. Thank you for having a look at our Summer 2021 Newsletter. Since our last newsletter in February, we have been busy advocating for the dignity of Pennsylvanians who are forced to register as well as educating policy makers on the ways that we can reduce sexual offenses. We have also kept a…
Read MoreA legal argument against PA’s registry explained
Irrebuttable Presumption in Pennsylvania In Pennsylvania, there are two types of constitutional challenges to a statute: facial and as applied. An as-applied attack on a statute is a limited attack. “It does not contend that a law is unconstitutional as written, but that its application to a particular person under particular circumstances deprives that person of a constitutional right” (Com.…
Read MoreA History of PA’s Registry, Part 1
A History of PA’s Megan’s Law and a the federal Sex Offender Registration and Notification Act (SORNA). In the United States, we take it for granted that there is a public list of people that society has deemed are dangerous degenerates who do not deserve the full protection of the law. Anyone with a passing interest can browse a website…
Read MoreNewsletter #2, February 2021
Greetings to our supporters around the Commonwealth. I hope that the winter has treated you well and that you are enjoying the passing of the seasons. It has been six months since we last sent a Newsletter. During that time, we at PARSOL have seen encouraging expansion and have continued to do our best to advance our Mission: A PA…
Read MoreLegal challenge to strike down PA’s Registry given a green light
Commonwealth v. Torsilieri Update 1/15/21 The fate of the public sex offender registry in PA will be determined sometime this year or next. Either defendant Torsilieri’s challenge will again reach the Supreme Court of PA, or the Commonwealth will be able to convince lower judges of their argument. (For a history of this momentous case and its significant delay, please…
Read MoreEx Post Facto Challenges Fall Short
We have seen it again. The Pennsylvania Supreme Court (SCOPA) has relied on Commonwealth v. Lacombe in the ruling of T.S. v. PA State Police (PSP). T.S. argued that PA’s SORNA Subchapter I violated the Federal and State Ex Post Facto Clauses. The basis of his argument is on the fact that his offense occurred prior to the enactment of…
Read MorePennsylvania 2020 Legal Cases in Review
2020 has turned out to be quite an eventful year to say the least. Lucky for you, I won’t be covering the pandemic nor the election. Instead, I’ll briefly cover the legal cases regarding SORNA and other relevant legal issues in Pennsylvania. So, hold on tight, here we go! PA Supreme Court: In the Interest of: N.B.-A., a Minor Decided…
Read MorePA Supreme Court’s Backwards Ruling in Lacombe and Witmayer
The Supreme Court of Pennsylvania (SCOPA) heard oral arguments in a consolidated case of Mr. Claude Lacombe and Mr. Michael Witmayer in November of 2019 challenging the constitutionality of Subchapter I of PA’s Sex Offender Registration and Notification Act (SORNA). SCOPA ruled Subchapter I is “non-punitive and does not violate the constitutional prohibition against ex post facto laws”. This is…
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