Legal Opinion · Concurring in part, dissenting in part
In the Interest of T.H., Minor Child
Supreme Court of Iowa
Decided June 15, 2018No. 16-0158Published
1Concurring in part, dissenting in part
APPEL, Justice (concurring in part and dissenting in part).
The majority reasons automatic, mandatory registration for juvenile sex offenders is in fact punishment but holds that such registration does not amount to cruel and unusual punishment under article I, section 17 of the Iowa Constitution. I agree the registration is punishment, however, I respectfully dissent from the majority's holding that the registration is not cruel and unusual.
I. Preliminary Concepts Regarding the Cruel and Unusual Punishment Clause.
A. Relevant Constitutional and Statutory Provisions.
1. Constitutional provisions…
2Cases cited23 opinions
- Miller v. AlabamaSupreme Court of the United States · 2012
- Roper v. SimmonsSupreme Court of the United States · 2005
- Graham v. FloridaSupreme Court of the United States · 2010
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
- State v. BrueggerSupreme Court of Iowa · 2009
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