EDITORIAL SAVING JESSICA'S LAW JUDGE STRIKES DOWN FLAWED INTERPRETATION.IT'S against the law, not to mention all reason, to apply retroactive Having reference to things that happened in the past, prior to the occurrence of the act in question. A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a punishment to people who have already served their terms. If lawmakers decide that, say, the minimum sentencing for car thieves is too low and double it, that's fine. But they can't then order the rounding up of convicted car thieves who have already served their time and throw them back in jail. That is why U.S. District Judge Lawrence Karlton's ruling last week on Proposition 83, Jessica's Law Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to punish sex offenders and reduce their ability to re-offend. , was correct. Karlton affirmed af·firm v. af·firmed, af·firm·ing, af·firms v.tr. 1. To declare positively or firmly; maintain to be true. 2. To support or uphold the validity of; confirm. v.intr. that the new law, which limits where sex offenders sex offender n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. can live and subjects them to GPS monitoring, doesn't apply to previously registered offenders. The measure's language itself never indicated a retroactive nature. Indeed, if it had, the clear unconstitutionality would have likely caused enough controversy to kill it. Fortunately, Karlton has clarified Jessica's Law so it can start protecting the state's children without trampling the Constitution. |
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