ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459

Monthly Meetings: September 21 – Phone meeting details

Emotional Support Group Meetings (Los Angeles, Sacramento, Phone)

National

MI: This Proposed Michigan Law Would Treat Parents Who Use Drugs Like Sex Offenders

[filtermag.org – 12/12/18]

Sex offender registries and notification laws have proliferated in the name of protecting women and children, despite the fact that the evidence does not show that they prevent sex crimes. In fact, some evidence suggests that notification laws—which require that registry information be made available to the broader public—may increase recidivism and overall rates of sex crime. Even so, the State of Michigan seems poised to add a public, online, and searchable child abuse registry modeled on the sex offender registry.

“Wyatt’s Law,” which passed the Michigan Senate on December 7, is the result of an advocacy project by Erica Hammel, a woman whose toddler was violently shaken by her ex-husband’s girlfriend. Hammel believes that, if she had known about the girlfriend’s past child abuse convictions, her son Wyatt would not have suffered from the long-term impairments caused by being shaken. The bill now heads to the Michigan House.

While Wyatt’s Law may sound good in theory, the bill would have dire impacts on people who are dependent on drugs, and their families, if passed.

For one, people like Harold and Kimberly Murphy will have their names, photographs, and other identifying information plastered on the internet, alongside the label “Child Abusers,” for five or 10 years, which will likely drive social support away from them just when they need it most. The Murphys’ child found a prescription morphine pill that belonged to Kimberly’s deceased mother, consumed it, and tragically died. Assistant Macomb County Prosecutor Yasmin Poles said the “reckless act” that made the child’s death a child abuse crime was “that their house is a pigsty.” While Kimberly Murphy successfully challenged the conviction, Harold Murphy did not.

Elected Charlevoix County Prosecuting Attorney Allen Telgenhof has also opined that parents who use drugs are immediately suspect as “child abusers,” as “[t]here are direct dangers, such as needles lying around the house, and indirect dangers such as how are they able to care for their child when they are high on drugs.” Under the bill as drafted, all child abuse convictions would trigger public registration, including the misdemeanor provision only requiring an “omission” or “reckless act” for a conviction.

Read more

 

Join the discussion

  1. Don’t tread on me

    Prosecutors in Michigan have become very adept at taking advantage of our laws. It is beyond time to implement prosecutorial oversight.

  2. Chris f

    There are two schools of thought on this…

    Either we want many more crime registries to bring the rediculous nature of them to the attention of the public and judges….or we don’t because it will create a new norm and judges will be too afraid to rule against registries because they will think the eventual millions on them will somehow be getting away with something and engangering the public if taken off.

    I think its a balancing act and we need a good case before scotus sooner rather than later. I wont stop repeating that the judiciary is losing its legally defined role of being in charge of tayloring punishment, rehabilitation, and protecting the public for those convicted of crimes when the legislature is allowed to unconatitionally dictate the mandatory arbitrary outcome.

    This is so much worse than mandatory minimums I dont underatand how the judiciary isnt upset.

    • R M

      I want NO registries for anyone ever. They do not function as crime prevention tools or make society safer, they only make people fearful and hysterical. Do you know all of your neighbors/friends/family/acquaintances/etc’s pasts? I don’t and I don’t care too; I see them them for what they are today… not what they did in the past.

    • AJ

      @Chris F (et al.):
      If you haven’t, I highly recommend reading Cato’s amicus in Bethea v. NC (http://www.scotusblog.com/case-files/cases/bethea-v-north-carolina/ or http://www.supremecourt.gov/DocketPDF/18/18-308/66581/20181011144544728_Bethea%20cert-stage%20Final.pdf). Cato mounts a pretty good assault on Calder v. Bull and SCOTUS’ chronic misapplication of what the Founders meant by Ex Post Facto. All the amici are pretty good, but I found Cato’s particularly powerful.

      My concern is that if this case has progressed as NC claims in its Brief, SCOTUS will deny it on procedural faults. If it does get accepted, I think it’s the “good case before scotus” you seek.

      • Chris f

        Thanks AJ! Great read!

        While probabably not relevant to this brief, I would love to see a brief challenge the legislatures need to blanket impose anything on a past crime that isnt narrowly tailored to an extreme government need, since restrictions on an individual convicted of a crime should be handled by a judge during sentencing and tailored to the individual and circumstances. This distinction would allow narrowlly tailored laws of those convicted of certain child sex offenses to not work at a daycare even after government supervision ends without affecting all jobs like registration does. A judge could always add to this if legislature provides tools instead of mandates.

  3. Chris f

    Here is a good law article from 2010 that explains better than I can why the legislature needs to quit dictating the punishments to those convicted:

    https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.bu.edu/pilj/files/2015/09/19-2RileyNote.pdf&ved=2ahUKEwimpq2_nKjfAhXli60KHVvmBSQQFjAAegQIBBAB&usg=AOvVaw1R2lvPPl8151oHvpZJJPOo

  4. TS

    Charlevoix County Prosecuting Attorney Allen Telgenhof seems to forget that any prescription medication can have the same effect as an illicit narcotic bought off the street and thus can be held against the individual despite the fact it was prescribed by a medical professional, e.g. sleep aids and psychotropic drugs to start where any number of effects are possible. Is Allen going to hold that against a member of society who is productive and addressing a medical need if they have one of the negative side effects? Is he going to not care? Is he going to hold that against a colleague, family member, or friend? Doubt it.

    This can start a very slippery slope if they do this and really start to catch people in the net they did not intend to catch. Then again, maybe that is what is needed to understand the power of a dumb registry.

  5. The vampire

    I say get all of people in our land to be on this registry bull crap! Soon you well have to end it Cause people well get worried that they could find them self on a list! The more the better to kill this list crap! The cops can’t keep up with where anyone is at -At all times this list is a huge joke And Is costing million of cash to tax payers but keep adding people to the list it will die mark my words

  6. The vampire

    Add all people to A list the best way to kill it

    • C

      That’s what I’m sayin’, the more the merrier. I’ll spare everyone my full list of suggested registries, but it goes something like this…

      Child abusers
      Tax cheats
      Marriage cheats
      Animal abusers
      Sidewalk spitters
      Traffic violators
      Litter bugs

Leave a Reply

We welcome a lively discussion with all view points - keeping in mind...  
  • Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  • Please keep the tone of your comment civil and courteous. This is a public forum.
  • Please stay on topic - both in terms of the organization in general and this post in particular.
  • Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  • Please take personal conversations off this forum.
  • We will not publish any comments advocating for violent or any illegal action.
  • We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  • Please refrain from copying and pasting repetitive and lengthy amounts of text.
  • Please do not post in all Caps.
  • If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  • We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  • We will not publish any posts containing any names not mentioned in the original article.
  • Please choose a user name that does not contain links to other web sites
  • Please send any input regarding moderation or other website issues to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

Your email address will not be published. Required fields are marked *

Please answer this question to prove that you are not a robot *

.