Are Bills of Attainder the New Currency? Challenging the Constitutionality of Sex Offender Regulations that Inflict Punishment Without the "Safeguard of a Judicial Trial"

Abstract

This Comment explores a legal challenge that has been completely overlooked in the context of sex offender regulations. The Constitution's Bill of Attainder Clause has longstanding roots in protecting named individuals and identifiable groups against legislative punishment without a judicial trial; however, not until now has its application in the context of sex offender regulation been considered.

Part II will acquaint the reader with the nature of bills of attainder, their origins in England, and the purpose for prohibiting such legislative enactments in the United States. Part III will discuss the United States Supreme Court's jurisprudence of the Bill of Attainder Clause, distinguishing prohibited use of legislative action from proper use of legislative powers. Part IV reviews the current state of the law in the area of sex offender legislation, discussing the predominant influences and attitudes that underlie much of the legislation, as well as review the common constitutional challenges and the prevailing trend of their outcomes. Part V first applies the bill of attainder analysis to common regulations affecting sex offenders, and then discusses the interpretational issues raised therein. Part VI explores a more serious problem than those supposedly caused by sex offenders, addresses its implications, and proposes possible alternatives to the current regulatory scheme. Part VII will conclude this Comment.