Megan’s Law Risk Assessment Scale (Part 2)

by | Jun 25, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County, Uncategorized

The Appellate panel continued in relevant part:

B. The evidence presented by J.G. and C.C.

Under existing case law, a registrant can challenge his or her individual classification, but cannot challenge the RRAS itself. Nevertheless, we do not read In re G.B. or its progeny as forever precluding a challenge to the RRAS provided the challenge is based on empirical studies or data developed since 1996. Moreover, the studies or data would need to be sufficiently reliable such that others within the community of professionals evaluating, treating, and assessing the risk of re-offense by sex offenders would rely on those studies or data. In re Accutane Litigation (2018).

Accordingly, we analyze the challenges presented by J.G. and C.C. on two levels: (1) the RRAS as applied to them; and (2) the RRAS itself. Neither J.G. nor C.C. presented credible evidence to show that the RRAS as applied to them was improper. They also both failed to present any studies or data that call into question the continued validity of the RRAS as applied to one-time child pornography offenders.

1. The As-Applied Challenges

As already summarized, both J.G. and C.C. rely on the testimony of Dr. Witt in presenting their as-applied challenges. Dr. Witt evaluated both J.G. and C.C., reviewed materials related to both offenders, and opined that they presented a low risk of re-offending. In offering that opinion, Dr. Witt relied primarily on the self-reports provided by J.G. and C.C. Both trial courts found that J.G.’s and C.C.’s self-reporting was incomplete and minimized their past behavior. Moreover, both trial courts rejected as unreliable Dr. Witt’s testimony and opinions concerning the low risk presented by J.G. and C.C.

The trial courts’ findings in that regard are supported by evidence in the record and we discern no basis for disturbing those factual findings. See In re A.R. (2018) (holding that there is no abuse of discretion when a trial court’s factual findings are supported by “sufficient credible evidence in the record”); In re A.I., (App. Div. 1997) (holding that appellate courts review tiering determinations for abuse of discretion). Without Dr. Witt’s testimony, neither J.G. nor C.C. has established a factual basis to challenge the scoring of the RRAS as applied to them.

Empirical evidence has been successfully used in recent years to challenge the framework for challenging eyewitness identification evidence. Henderson, the case in which the framework was successful challenged, was decided in 2011. The precedent that it overturned existed for 34 years. If it takes 34 years to develop empirical evidence to overturn the RRAS framework, that will not occur until 2030.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
Mark A
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C