The modern sex offender registry rests on one dangerous legal fiction: that the registry is not punishment. That fiction did not appear by accident. It was cemented by the United States Supreme Court in Smith v. Doe, the 2003 case that allowed Alaska’s sex offender registry law to be applied retroactively because the Court classified…
The sex offender registry is usually sold to the public as a simple idea: keep a list of dangerous people, publish their information, and make communities safer. That is the sales pitch. The reality is much more complicated. The modern registry is not just a list. It is a nationwide legal machine made up of…