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MI: Courts deemed Michigan’s sex offender registry unconstitutional. Two years later, nothing’s changed

[michiganradio.org – 7/14/18]

The American Civil Liberties Union is challenging the state of Michigan over its handling of the state’s sex offender registry.

In 2016, the 6th Circuit Court ruled that aspects of Michigan’s Sex Offender Registry Act, SORA, were unconstitutional.

The court’s opinion specifically noted portions of the act which allowed the state to retroactively impose punishments on individuals without due process.

The state of Michigan appealed the circuit court’s ruling, sending Does vs Snyder to the U.S. Supreme Court. In October 2017, the Supreme Court decided not to take up the case, upholding the 6th Circuit Court’s unanimous decision.

It has now been nearly two years since the original ruling and the Legislature has failed to make any reforms to the law.

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  1. The Static-99R Is A Scam

    So if the legislature allows registration schemes to grow — which is usually the case — the government will comply ASAP. But if registration is somehow curtailed, even minimally (as many would not fall into the ex post facto class), then government conveniently ignores even *federal appellate* decisions. WTF!

  2. Bobby

    Well, Mrs Aukerman and the rest of the Michigan ACLU, did finally finally file that Class Action Lawsuit, on June 28th around 3:45pm, in the Eastern District Court, which is the same Court a while back that ruled that parts of the Michigan registry was unconstitutional and certain parts were Constitutional, such as the making it retroactive. So I don’t know how this bodes in our favor, except for the fact we have already won Does v Snyder. The ACLU also said we should hear arguments in August and a decision in the fall. So if the court says the Does v Snyder decision does not apply to everyone then what? Obviously, it clearly says in the 6th Circuit’s decision, that the 2006 and 2011 Amendments, can NOT be applied retroactively, to registrants who’s convictions were before the 2006 and 2011 we’re applied. So again I don’t understand how Michigan and misinterpret, those words. She also told me that I would more then likely go back to my 25 years, which would be 2020 according to her, if they changed the registration start dates back to what they were but as of now my registration start date is my conviction 6-19-1992, which means I currently have 26 years in now and would be removed. Then there is this thought, since I was convicted in 1992 and Michigan had no registry then, and I was not ordered by a judge to register, should I even of been placed on it to begin with, there reasoning was since it was passed in 94, and running in 95, when I was on parole that was why I was placed on it, because I was still under the control of the MDOC. Any thoughts on any of this stuff. Thanks guys and Gail’s.

  3. Joe123

    Why can’t the legislature be sued? Can criminal charges be brought upon them for refusal to follow the ruling?

    This is such UTTER Bullshit, I can’t believe people in that state have let this go on for years. MAKE YOUR VOICES BE HEARD. It’s like people ENJOY living within the oppression of their state. The politicians want to abuse you and your family and you’re not going to do anything about it? CALL THEM until the self-interested morons have to change their phone lines.

  4. Dad on LTR

    Ill keep yoi informed I found a old United States Supreme Court ruling that anyone who was not registered before there was a registry or anybody who registered was not notified at the registry would change is not obligated to any new registration that decision came down in 2001. As soon as I find a case law I will post it here I’m filing a temporary restraining order order to show cause in California using that case for every law that is written they’re going to always be a loophole we must dig deep to find them and use them to our advantage

  5. Tim Moore

    Just like mass incarceration, the line graph for more registration laws keeps going up despite some successes, oscillations in the graph. This idea that separation of powers is going to save us is a dead end, just like the idea that the Constitution is some sentient power that is some day going to right all this is disproven at every step of the way. Do I have less restrictions placed on my since 2005, when my probation ended? the answer is no? All branches of government are now aligned to provide one product to the people of the US, a substitute for real happiness, a false sense of security that their lives are better because sex offenders are in their place and all loopholes are being closed for deviants. The message is remarkably consistent across branches of government That is the soma the elected officials and appointed officials are giving to the public, blaming pain on deviant populations, despite the pains from declines in quality of living for the vast majority of Americans. Only a small, small percentage are feeling inordinated benefits. I don’t really think the politicians, judges, bureaucrats are aware of what they are doing. They just get elected, praised, appointed, encouraged for feeding this fear. The system is self supporting untlil there is a breaking point. Many lines are converging on that same spot. Change is a coming.

    • CR

      “Change is a coming.”
      ———–

      I hope so, but do you have any idea what that change will look like? How it will come to pass? Will it be good? Bad?

      And when?

      • Tim Moore

        I don’t know how soon, but that’s where things look like they are going.. Government institutions are collapsing or run into the ground by incompetence or by design for political gain. Witness the recent immigration manufactured crisis, They can’t even track 3000 immigrant children, how are they going to keep track of nearly a million registrants and growing? Our military has been failing to have a positive impact in the world, despite us spending more than the next seven countries combined, and despite the heroism of our troops, we haven’t won a war in 65 years. It’s all about war machines not people now, how much we can make to prop up the economy and keep the factories humming. Infant mortality is higher than most developed countries, and now our life expectancy is leveling off. We once rebuilt Europe after WWII. Now we can’t even bring power back to Puerto Rico nearly a year after Maria. In spite of this, what does this country focus so much wordage in laws to eliminate? Sexual deviance, which is at an all time low . And the laws have done nothing for victims, whike increasing unemployment and destroying lives. I give this system a few years, but then who knows what will take its place. Something more humane I hope. In my opinion we ought to spend less time trying to work with the present system, but to develop alternatives. The sooner and more incremental the change the better, to be ready to fill in when government services collapse completely. Grass roots is going to take the place of top down. Anyone who stands up there alone is going to be vulnerable. On our front it is going to be worse for registrants for awhile. In the end it I think it will take a constitutional amendment, like the one to end slavery, to end this mass incarceration, mass penalizing and social genocide of citizens. It will have to clarify the thirteenth amendment to prohibit carceral servitude, which is what we as registrants now live under.

        • CR

          There is nothing wrong with optimism unless it is misplaced.

        • AJ

          There is nothing wrong with optimism unless it is misplaced.
          —–
          I misplaced my optimism the other day. I remain hopeful I’ll find it…

    • "Change is a coming."

      “Change is a coming.”

      —–

      If “change is a coming” for our benefit, how do you know? Can you say for certain? No one can say anything for certainty. Some things are getting worse, while other things are getting better. Other states are much more draconian — with presence and residential restrictions. Yet other states are moving to “risk assessments,” transitioning to cleverly phrased “risk-based” registries, which will make it hell for a lot more people than realized. With changing tiered classifications, people not otherwise published will show up on the Megan’s Law websites (i.e. look at Nevada and how it is ruining lives). Then we have things like International Megan’s Law. Passed without debate. Voice vote.

      From junk science risk assessments and the lies regarding ‘risk-based’ registries… all the way to legislation that passes without debate… politicians are steamrolling over the Constitutional rights of “sex offenders.” Quite frankly, with family separations of immigrant children, as well as the indefinite detention of “Sexually Violent Predators” (both driving multibillion-dollar industries), it wouldn’t surprise me if one day we are hauled off to “Community Public Safety Camps” — a politically correct term for concentration camps.

      The dark forces behind immigrant detention, family separation, and SVP detention are not only political, but said industries are immensely profitable. The truth is that government does not want anyone off the registry because they need people to villainize, “to otherize.” Us versus them. In that sense, sex offenders are sort of like Muslims… except “worse.” I think most would fight a Muslim registry. I think most would not fight a sex offender registry. Law enforcement, especially, will fight for a sex offender registry, tooth and nail. First, they fought for “offense” based registries. Now law enforcement fights for “risk” based registries. It’s like trading one side of hell for another. Either ensures job security. Both are equally unjust.

      There are too many jobs — from prosecutors, to the officers charged with registering and conducting “compliance checks” — that rely on keeping people labeled as sex offenders. Again, there are political (politician fear-mongering), financial (government contracts), and job security interests in maintaining as large registry as possible.

      Every “win” gives the illusion of progress. Yet, in reality, it might be dangerous to assume progress. The registry continues to grow — with the added danger of “doctors” and “experts” who throw around buzzwords like “evidence-based” and “empirical” to impose their “sciences.” In an era of Fake News, there now comes Fake Science. “If it seems too good to be true… it probably is.”

  6. David M

    It should never be the goal of legislation to make others irrelevant. Supporting a caste system is un American and violates the rights of human dignity.

  7. mike r

    Well now all these public officials are knowingly acting under color of law to deprive individuals of their constitutional liberties. No more immunity. Someone needs to sue each and everyone of these legislators in that state as well as any and all actors of the state enforcing a already determined unconstitutional law. How much were they paying people put on the registry accidentally? well there is a starting point for what damages each and everyone one of those officials can be sued for. They pull that BS on me after I win each and every legislator and public official forcing me to comply with an unconstitutional law will be sued in their individual capacities. That is the only way to make these fools take action. Hit them in their bank accounts and I guarantee that despite public opinion or reelections they will take action or pay out the a hole big time money and they may even be disbarred if the are attorneys or removed from office after they are charged criminally for those violations. All kinds of things can happen once there is no ambiguity that they are blatantly and knowingly violating people’s constitutional liberties. That is what the under color of law statutes are for although they are rarely used because it is difficult to prove knowledge or intent. In that case there is no doubt of knowledge therefore no doubt of intent. Sued in their personal capacities out of their personal bank accounts…..No longer can they hide behind immunity clauses in that situation…

    • Bill

      Mi, Haven’t found any attorneys, seems like they would be running ads in papers & tv,like them do for ( Have you been harm by)………., call 1800-????

  8. How is it possible...

    How is it that the court said portions of the law was not constitutional and yet thousands in MI are subject to penalty if they do not follow unconstitutional laws? That seems ridiculous. Why should the legislature act if nothing changes if they do nothing.

    • David

      They might as well drag their feet for all eternity and never change the laws. The lesson in MI and PA is quite clear: it doesn’t matter if you win the legal case, they will still continue to do – or not do – whatever they want. 😡😡😡 After all, what is the judge going to do …. throw the entire State Assembly in jail for contempt? (That certainly seems appropriate to me!)

      • Tim Moore

        The courts could order that, but the governor’s office would be tasked to hand cuff them and book them. What side do you think the governor’s office would be on? Not really a question.

        • AJ

          Reminds me of the quote commonly attributed to Andrew Jackson: “John Marshall has made his decision; now let him enforce it!” IOW, courts can order things all day long, but it remains up to the executive to enforce the order…or not. Enforcement wholly relies on respect of our laws and constitutional structure….something that’s quite eroded anymore. One more step towards anomie, I say. https://www.britannica.com/topic/anomie

  9. Bobby

    Hello

    Well, I heard back from Mrs Aukerman tonight regarding the Class Action Lawsuit against the state Michigan , and it seems to me just my opinion but it’s just more of the same dragging their feet. I don’t see what the issue is personally we won, fix the damn registry. So I asked her about the Class Action against Michigan and why I can’t find anything about it yet, and this was her response .

    We are posting information at aclumich.org/SORAinfo.  The pleadings are there.  The hearings have now been moved to October, so it may be winter before we get a decision.

    It just seems like more of the same crap dragging their feet, even the court is dragging it’s feet, then there is this even though we clearly won, and the 6th’s decision says 2006 and 2011 amendments can NOT be made retroactive to registrants who’s convictions were before the 2006 and 2011 were put into place.
    so what if the decision is not in our favor, then the rest of us are screwed, then what? I just don’t get what the flipping hold up is I guess, we WON, fix the dam registry already. Anyway that is what is up so for concerning the class action lawsuit against Michigan, in Does v Snyder.

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