The ‘Mark of Cain,’ a term derived from the Book of Genesis, continues to this day to be a term which strikes fear into the hearts of all but the most reclusive members of any community. As previously referenced, the social stigma attached to any form of branding, whether for criminal offense, moral indiscretion, religious belief, or the mere fact of being different, has historically been a lifelong albatross around the necks of those so branded. However, in generation after generation, the majority in society has found ample justification for continuing such practices. Some of those courts which have found registration acts not to be punitive have recognized that “registration has traditionally been viewed as punitive.” Noble, 829 P.2d at 1222. See also Austin, supra, and Kurth, supra (<HOLDING>). Likewise, in view of the particular public
recognizing the importance of historical analysis in determining whether legislation is punitive recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures recognizing that the bill of attainder prohibits punitive legislation recognizing a presumption against retroactive legislation recognizing the importance of the employers knowledge of the disability