Delbert W. Smith and Bruce M. Botelho v. John Doe I et al. (538 U.S. 84)
U.S. Supreme Court · decided March 5, 2003 · Supreme Court Database (Spaeth)
- Citation
- 538 U.S. 84 · 123 S. Ct. 1140
- Docket
- No. 01-729
- Argued
- November 13, 2002
- Decided
- March 5, 2003
- Term
- October Term 2002
- Vote
- 6–3
- Majority author
- Justice Kennedy
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Kennedy (wrote), Justice Thomas (wrote a concurrence)
- Concurring in the judgment
- Justice Souter (wrote)
- Dissenting
- Justice Stevens (wrote), Justice Ginsburg (wrote), Justice Breyer
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. The Alaska Sex Offender Registration Act requires convicted sex offenders to register with law enforcement authorities, and much of the information is made public. We must decide whether the registration requirement is a retroactive punishment prohibited by the Ex Post Facto Clause. I A The State of Alaska enacted the Alaska Sex Offender Registration Act (Act) on May 12,1994. 1994 Alaska Sess. Laws ch. 41. Like its counterparts in other States, the Act is termed a “Megan’s Law.” Megan Kanka was a 7-year-old New Jersey girl who was sexually assaulted and murdered in 1994 by a neighbor who, unknown to the victim’s family, had prior convictions for sex offenses against children. The crime gave impetus to laws for mandatory registration of sex offenders and corresponding community notification. In 1994, Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, title 17, 108 Stat. 2038, as amended, 42 U. S. C. § 14071, which conditions certain federal law enforcement funding on the States’ adoption of sex offender registration laws and sets minimum standards for state programs. By 1996, every State, the District of Columbia, and the Federal Government had enacted some variation of Megan’s Law. The Alaska law, which is our concern in this case, contains two components: a…
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