|
|
| Judges can register juveniles as sex offenders |
| By Associated Press |
| Published: 06/07/2004 |
|
Circuit judges have the authority to order juveniles to register as sex offenders, the Wisconsin Supreme Court ruled last Thursday. The decision requires a Brown County circuit judge to reconsider whether to lift the registration requirement for a 13-year-old boy found delinquent for committing first-degree sexual assault of a 12-year-old girl. The boy, identified in court documents as "Cesar G.," was ordered to serve 30 days in juvenile detention, wear an electronic monitor and pay restitution to the victim's family. He could be sentenced to a locked juvenile detention facility if he violates any of the judge's orders. Cesar asked Judge Richard Dietz not to make him register as a sex offender, but Dietz said the crime was serious enough to warrant registration. He also said he was not sure if he had the authority to order the registration requirement. The boy appealed, arguing Dietz denied his request because he incorrectly concluded he did not have the authority to stay the sex offender registration requirement. The 3rd District Court of Appeals found Dietz properly ordered Cesar to register as a sex offender. But the state Supreme Court sent the case back to the circuit court because Dietz based his decision not to stay the sex offender registration on an incorrect interpretation of the law. The Supreme Court said Dietz could and should exercise his discretion in deciding whether to require Cesar to register as a sex offender. The court also said circuit courts should weigh several factors, including the seriousness of the offense, the age of the offender and victim, whether the violation resulted in bodily harm to the victim and the probability the juvenile will commit other violations in the future. The court also said the juvenile has the burden to prove, based on those factors, why he should not have to register as a sex offender. |
MARKETPLACE search vendors | advanced search
IN CASE YOU MISSED IT
|
Comments:
No comments have been posted for this article.
Login to let us know what you think