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- Title
MODELOS DE REGISTROS DE DELINCUENTES SEXUALES. EXCESIVA DISTRIBUCIÓN DEL RIESGO Y NUEVOS LÍMITES CONSTITUCIONALES.
- Authors
Martínez Guerra, Amparo
- Abstract
Sex Offenders Registries have been adopted by several legal systems to protect children and adolescents. The vetting and barring system of registration restricts fundamental rights of the convicted person. It also shapes the model of risk distribution between the individual and society. Both common law and civil law systems highlight the administrative nature of the registration to support the respect for ex post facto law clause and due process. However, recent American constitutional case law begins to support the need to develop mechanisms for evaluating the risk of recidivism, especially in those cases in which registration is imposed for periods of up to thirty years or even for life.
- Subjects
SEX offender registration; DUE process of law; CIVIL law; CONSTITUTIONAL law; COMMON law; RECIDIVISM; JUVENILE sex offenders
- Publication
Estudios Penales y Criminológicos, 2021, Vol 41, p1077
- ISSN
1137-7550
- Publication type
Article
- DOI
10.15304/epc.41.7296