In a recent NPR interview, ACLU Michigan attorney Miriam Aukerman stated she believes that sex offender registries should be abolished. In support of that belief, Aukerman stated that registries are ineffective and make society less safe.
Aukerman criticized both legislators and law enforcement for the current challenges now facing registrants. Legislators have passed and keep passing new laws because they believe doing so will help them to get re-elected. Law enforcement spends time and money monitoring people convicted of a sex offense when they should be monitoring those who actually pose a danger to society. If registries cannot be abolished, they should be reduced by removing all children and by shortening the amount of time individuals should be required to register, according to the ACLU attorney.
Aukerman also discussed the current status of Michigan sex offender laws which were declared unconstitutional by the 6th Circuit Court of Appeals in 2016. Despite that ruling, the state of Michigan has failed to modify its sex offender laws.
According to the ACLU attorney, she and others are negotiating with the Michigan state legislature about changes to the state’s sex offender laws. Because the Court has retained jurisdiction of the case, it could issue an injunction preventing enforcement of the state’s sex offender laws if the legislature does not act quickly.
In the closing of the radio interview, Aukerman posed an important question for the public to consider: do you want to be mad (that someone has already been sexually assaulted) or do you want to be safe (from a future sexual assault)? She then added, “if you want to be safe, you don’t want a registry.”
A child abuse registry? Sounds like Michigan is trying to garner up some more federal funds because of all the sex offenders who will potentially be removed from the registry. I got an idea. Lets get public registries for everything from shoplifting to murder and make it retroactive. That way there will be tens of millions of people going on those registries and all the police departments can be absolutely so flooded with people going in to register that they won’t have enough staff to take care of it and won’t have the manpower to patrol the roads or respond to 911 calls.
Great idea Michigan.
Michigan is full of $hit …. Well see just exactly what they will do , very soon, I am guessing another run around B.s change like always , These politicians are good at B.S promises , over the last 28 years its been the same old B.s. Don’t hold your breather . Look what they are doing nothing except adding more amendments and more punitive laws to enforce their unconstitutional registry & more ways too put more people on it & more ways too cash in on it .
@Will Allen, here’s my thoughts on your questions:
1. Say that law enforcement noticed one of your vehicles in another city or state for a while. They then came to your home and asked you why that vehicle was there.
I’m the only one who drives my vehicle and I will never take it out of state, but if I did, I would tell the cops that I don’t speak to police, or I would say am I being detained or am I free to go?
2. Say that your state’s legislators decided that it would implement new “residency restrictions” and your home fell within a restricted area. Law enforcement then came to your home and informed you that you must move within 30 days.
I would file a claim under ex post facto and refuse to move because after the court’s ruling in Does v Snyder I don’t think Michigan would want to implement retroactive registry laws again…but then again this is Michigan.
3. Say you have young children and they are not allowed to play with any other children in the neighborhood because their parents have told them so.
My 3 daughters are grown adults now and I’ve never had any issues with neighbors, but if something like that had ever happened I would explain to my girls that apparently the neighbors think they (my girls) are too beautiful and respectful to play with their children.
I’m at work for another hour but when I get home I’m going to share some of the things that have happened to me personally. You’ll find it interesting reading and some things will really show how hateful Michigan is to registrants.
Here’s some of what I have had to deal with. My conviction was in spring of 1993. My conviction was consentual with a girl who was 15 going on 30. She looked much older and I met her at an 18 and over club. When her parents found out, they didn’t do anything and even condoned it telling me to just treat her right. I was 22. after a while her mother started making moves on me but when I rejected her advances she went ahead and filed a police report on me. The girl’s father told me what his ex wife did was BS because he considered me a decent guy. But I was sentenced to 5-15 and ended up maxing because I refused to admit to things that never happened during group therapy. About 3 months before my discharge date, I received an amended Judgment of Sentence in the mail stating that because my offense was committed while on a previous parole (I had never been on parole before) my sentence was extended to make it consecutive to the previous sentence. Of course I protested and I wrote a letter to the judge stating what he dis was a major breach of his authority. He eventually changed my sentence back to the original and I discharged in July 2006.
I moved to an area in Sanilac County and rented a house. The day I took possession of the house I went to the sheriff office and they gave me a bunch of BS about how I needed to bring copies of my utility bills to prove I lived there. I told them to shove it because I was only required to show a valid ID. For several weeks they came to my house all hours of the night to “verify” that I lived there. It was 3 months later that the MDOC absconder recovery unit came to my house and arrested me for “escape”. I sat in jail for a few days not knowing what was going on and eventually transported back to prison without a trial. A couple months later I learned that the MDOC had again contacted my judge and told him he needed to change my sentence back, which he summarily did. I filed a Writ of Habeas Corpus which I fought for almost 3 years. There was a similar case in the Michigan Supreme Court at the time that the state was losing against so Michigan eventually gave up on my case and discharged me. I did file a suit for tons of civil rights violations and won a large settlement.
I moved to a different county but then again had issues with the police coming to my house nightly right after I verified. always between 2 and 3 in the morning for several days in a row. I finally got sick of the harassment and moved to where I am now and I haven’t had any issues. Been there 2 years now and never once has there been a compliance check.
I do have a girlfriend who lives with me and knows me well. She knows my past because I don’t hide anything from her. But I did have an issue with a former girlfriend who has a brother who is a Detroit cop. He thought it would be ok to come to my house and harass and threaten me even though he has a lot to talk about having molested his little sister starting at age 6 until she was 12. I busted him on surveillance camera trying to plant narcotics in my vehicle. I’ve never touched dope in my life. I was lucky enough to be on very good terms with a police chief in a nearby town I used to live in and with his help we got the video into the right hands and the Detroit cop was only disciplined with a week off with pay. But at least I have proof he is corrupt and he was told to stay in his own jurisdiction and away from me.
I’m lucky enough to have a very good job with a very good high salary. I was up front and honest at my interview with the HR manager and she gave me a chance because she and my supervisor and manager liked the way I presented myself at the interview.
I remember getting my life sentence in the mail in 2011. I actually did think about filing an ex post facto claim back then but just never got around to it. But I’m very thankful to the Does plaintiffs for bringing it because hopefully soon I’ll come off the registry as my 25 original years were up last year. I just want my life back with no restrictions and no quarterly reporting. Registries are absolutely useless. If I wanted to commit a sex crime, which I don’t, how is the registry going to stop me? It can’t. People are going to do what they want to do regardless of laws and registries.
Sounds like unconstitutional laws , these law makers pass, then amend ,too trap and convict thousands of the states citizens, in many cases with little to no evidence to support the convictions they apply to people with a life time of punishment, only too create revenue too support their unconstitutional registry. Last 25 plus years of this “MeToo” movement B.s with the fake studies and lies they used to convince the public to support this unconstitutional registry . As well as allowing politicians to write laws that will hang a man before hes even had a trial , Witch hunt B.s . with little to nothing , Its been going on for 25 plus years now , 45,000 in this state alone s%$t 1 Million in 52 states . Its Sick to think that these law makers and judges get away with this B.s . That’s just the ones on the registry in Michigan, let alone the amount of families that it punishes, in many cases years after a persons conviction . What is really F%$@ked up is they only got away with this crap by saying it wasn’t punitive for the last 27 years …..But we all knew the truth ….Now they know the truth as well, look at what they used to support it.. the Alaskan sex offender registry???? , that was just ruled unconditional ??? , 45,000 and growing??? ……Ooops I mean 1 Million and growing ,soon we will be the army and they will be the ones too pay for the damage they have caused . Stay strong… if things donnt change soon, I say we set a Lansing State Capital Protest . Id love nothing more then to get in the face of one of these little pecker wood politicians , let em know just how pissed I am they took my life with nothing but hang man B.s laws they support . Not too mention them applying this life sentence punitively on a registry to me ex post facto, years after my conviction . Its B.s !!!!!!!!!!!!
The only Just registry ………NO REGISTRY !
P.s I write these Jack A$$$ all the time but sure would be worth the drive to express it face too face 🙂
Has anyone heard anything yet
If some kind of agreement or resolution is met, there should be a new evaluation on those with static 99 or tier rating. They should consider what we have done since we’ve been released, Right? Not to judge us on what was in the past, but where we are at now.
The courts better change something soon. I had a high profile attorney ready to sue. But i was told to wait for the state of michigan to see what they did with the law change.
This waiting is driving me insane
So according to the motion and brief. The state has 21 days to reply correct?
So if the judge sides with the motion. That would mean the statue for all those pre 2011 SORA is null and void?
If I read this thing correctly.
So lets say the court sides with the motion and pre-2011 offenses can no longer be subject to Sora.
The effect of that is pre 2011 registrants will be removed from the registry?
Ok, So reading the motion and now reading the ACLU’s current update ,and hopefully understanding the motion correctly, ALL of us who are pre-sorna 2006 and 2011 should be automatically removed correct.
I hope this will finally means, that this entire fiasco will be done and over with before the end of the year, this is gone on long enough in my opinion. Also a big thank you to the ACLU, the Michigan Law school and the law firm I can’t remember the of right now. My apologize.
I am not a lawyer or anything close but as I read thru this it seems like they changed the laws in 2011 and now that law change was deemed unconstitutional.(because they made people follow laws that the sentencing judge did not order) They cant peddle backwards and revise to a earlier version of SORA ….sooooo sounds like to me they have to start all over…If they change the laws now everyone on the registry has to follow different laws then what they were ordered to follow by there sentencing judge… correct??….sounds like Its all over for all of us… thoughts anyone???
I have a 2002 conviction that I have been on the registry for, and just got a 2019 probation conviction for an attempt that put me to life on the registry. My question is where would a person with my situation fall?? Would I have to follow the stipulations for 2002, or these unconstitutional laws that we have now
MIinChaos
I don’t think anyone can answer that question right now…as everyone that is on the registry is up in the air right now and no-body knows what will happen… if Michigan comes up with new laws..who will be left that those laws affect? kinda sounds like to me they cant retroactively induce laws on someone that has been already ordered by the court…but who knows…they could just come arrest us all and send us to the gas chamber…I think its going to come down the the judges decision what will happen…but i do believe that the life sentence was one of the laws that was deemed unconstitutional…we will find out in 20 days!
Yes …. it looks to good , too be true… this state and its corrupt politicians have been applying these unconstitutional laws too thousands of people for years retroactively only because they figured a way to trick the courts into believing its not punitive ??? Now looks like the cats MAYBE out of the bag, they know it is punitive , so… no they can not retroactive this B.s registry on its citizens anymore & get away with it, there are 45,000 people screwed by these unconditional B.s laws, in most cases applied to thousands retroactive in many cases years after a conviction , the jig is up Michigan , You will have to remove a lot of us . Like it or Not you dirty F%#%^$%%kers , you spineless, heartless, dirty politicians. I still cant see how you were able to get away with this registry or these unjust sex laws they have applied to a lot of us with little to nothing for supporting evidence and in most cases not a spec of evidence .
I am in Missouri, and a whole lot of Sorna was declared unconstitutional until back a few years ago then Missouri was able to declare the ex post facto only applied to contract law and not criminal, written it into the Missouri Constitution, you can look for something like this they wont let it go at a state level.
hello,
Well, I emailed Tim from the ACLU the other day and answered a few questions, about what’s going on and so forth, one thing he said was he had no clue about any bills that were suppose to be presented.
So anyway this is what he wrote me back, I guess you can take what you want from it, so here it is
You are reading our motion and the Judge will rule at some point, however he can do a lot of different things. The State still has to respond and it is still an issue of changing the law as written and the Judge will not and does not write laws. So until the Judge rules nothing is automatic and with so many different outcomes no one knows what will happen at this point.
Tim P ACLU of Michigan SOR Specialist
So, not sure what to think at this point, except for it might drag into next year, I guess we will have to wait for a response from the state if they even bother to respond.
@ Don’t tread on me …………..Amen too That !
My question is……i have been lucky, I don’t have any nightmare stories……im on a non public list as I was a minor, but with an adult sentence so I have to follow all guidelines as everyone else. You run a background check or anything you can’t find me unless you are doing it for legal reasons, I’ve had attorneys and retired po officers run it to see…..i that case as considered a minor designation and even my work, though I was honest with them, cant find it what are my options????
Hello, I was just wondering if anyone had heard anything new, besides the recent update that the MI. ACLU posted on their site, or anything new as far as the Court and Judge Cleland goes, concerning Does ll? Thanks in advance.
Why am I getting the impression that the state of Michigan is dragging their feet and reporting minimal movement on a bill every 30 days just to appease Judge Cleland. I’m thinking they are going to force yet another court action. So tired of this….
Meanwhile in Michigan still nothing
Maybe somebody should put their rights on hold until they can figure out if their a danger to society. Sounds good to me