Sex Offender Registration (more)

Professor Yung reports that: The Fourth Circuit Got it Right. (The U.S. Fourth Circuit is considered one of the more conservative of the Circuit Court’s of Appeal.) There has been some litigation over the Adam Walsh Act and whether or not all or parts of it are constitutional. Predictably most lower courts have said that the AWA is constitutional (although most of the challenges have been to the retroactivity provisions). Reading Professor Yung leads to some stream-of-consciousness thoughts about courts-martials and sex offender registration.

– We are “required” to advise clients about sex offender registration. It’s proper practice, and it will be an issue at trial in cases where your client is pleading guilty to an offense where registration may be required. A client pleading not guilty should at least know that a risk of pleading not guilty is a conviction of an offense requiring registration as a consequence.
-Anecdotelly registration requirements are leading to more contested cases?
-Also anecdotelly, some convening authorities are apparently willing to negotiate the charge, not necessarily the confinement. It would not be unexpected to see a plea to a violation of Article 128, as opposed to indecent assault or indecent acts, but without a sentence cap. Some clients have, and I suspect might continue to be willing to offer and take such a pretrial agreement.
-When advising military clients of sex offender registration it is difficult to know precisely what to tell them. -Regardless of what DoD or the appellate courts think, the rules are arcane and complex. I’ve seen at least one “pro-forma” advice to clients which is wrong is several respects. (I suspect civilian attorneys have more contact with clients and former clients post-service on this issue than military attorneys.)
-I would be interested in knowing what clients are told, how detailed, and how tailored to the clients particular situation. This will be the next “my lawyer didn’t tell me that” issue.
-I would be interested in knowing if there is any trend in the NG/G plea ratio and/or PTA policies.