Can the Adam Walsh Act violate the ex post facto clauses, if it is applied retroactively?
Amended Ques. 12-21-06 Before answering folks must recognize that effectively AWA addresses: 1) Registration issues; and, 2) New crimes that AWA defines. My response addresses ONLY registration issues. In my opinion, YES is can violate the ex post facto clause, IF AWA is applied to a set of circumstances which occurred BEFORE AWA was enacted. Also, if the USAG fails to perform his duties of notification mandated by AWA. First, Congress recognized that DUE PROCESS is mandatory, and PROSPECTIVELY required the USAG to notify state officials -and- NEW offenders of their duties: 42 USC 16917, SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND TO REGISTER. (a) In General- An appropriate official shall, shortly before release of the sex offender from custody, or, if the sex offender is not in custody, immediately after the sentencing of the sex offender, for the offense giving rise to the duty to register– (1) inform the sex offender of the duties of a sex offender under
