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State v. Druktenis1/30/2004
roblems, harassment, stigma ostracism, humiliation, and physical harm, as a result of notification provisions. For example, the Third Circuit Court of Appeals has recognized that:
registrants and their families have experienced profound humiliation and isolation as a result of the reaction of those notified. Employment and employment opportunities have been jeopardized or lost. Housing and housing opportunities have suffered a similar fate. Family and other personal relationships have been destroyed or severely strained. Retribution has been visited by private, unlawful violence and threats and, while such incidents of "vigilante justice" are not common, they happen with sufficient frequency and publicity that registrants justifiably live in fear of them.
Verniero, 119 F.3d at 1102; see also Russell v. Gregoire, 124 F.3d 1079, 1092 (9th Cir. 1997) (stating that " otification may well subject offenders to humiliation, public opprobrium, ostracism, and the loss of job opportunities," and, in holding the law to be remedial, stating that the law "may have a lasting and painful impact on a sex offender's life, which ought not be lightly disregarded"); Doe v. Pataki, 3 F. Supp. 2d 456, 467-69 (S.D.N.Y. 1998) ("As the experiences of convicted sex offenders subject to similar requirements in other jurisdictions has shown, such widespread dissemination of the above information is likely to carry with it shame, humiliation, ostracism, loss of employment and decreased opportunities for employment, perhaps even physical violence, and a multitude of other adverse consequences. Thus, there is no genuine dispute that the dissemination of the information contemplated by the Act to the community at large is potentially harmful to plaintiffs' personal reputations. . . . Not only will registration and notification likely affect every aspect of the offender's life, according to the terms of the Act they will do so for a minimum of ten years." (citations omitted)); Opinion of the Justices to the Senate, 668 N.E.2d 738, 752 (Mass. 1996) (noting that "courts and commentators . . . have pointed out the severe consequences that community notification may have and have in fact had for released sex offenders," and stating " hat such consequences constitute a burden or detriment to the offender can hardly be doubted"); Cook, 700 N.E.2d at 579 ("This court is not blind to the effects of the notification provisions of [the statute]. Offenders may become ostracized from society and even experience harassment."); Noble v. Bd. of Parole & Post-Prison Supervision, 964 P.2d 990, 995-96 (Or. 1998) (recognizing that, from notification, an offender could face "social ostracism, loss of employment opportunities, and significant likelihood of verbal and, perhaps, even physical harassment"). In Smith v. Doe, even the United States Supreme Court recognized that " he publicity may cause adverse consequences . . . running from mild personal embarrassment to social ostracism," with attendant "humiliation increasing in proportion to the extent of the publicity." 123 S. Ct. at 1150.
Nevertheless, although the notification provisions are likely to have varying types and degrees of adverse consequences for an offender, we conclude that they are not excessive in relation to the public safety purpose of SORNA. Accord Bollig, 605 N.W.2d at 205-06 ("Although we recognize that sex offenders have suffered adverse consequences, including vandalism, loss of employment, and community harassment, the punitive or deterrent effects resulting from registration and the subsequent dissemination of information do not obviate the remedial and protective intent underlying those requirements."). The purpose and the principal effect of notificati
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