Michigan Attorney General Dana Nessel filed an Amicus Brief on Jan 30 in People vs. Betts, Supreme Court No. 148981 .
Introduction: There are dangerous sexual predators, to be sure, and the public needs to be protected from them. But the current SORA it is not the way to achieve that goal because it places people on the registry without an individualized assessment of their risk to public safety. Indeed, it provides little differentiation between a violent rapist or reoffender and an individual who has committed a single, non-aggravated offense. And it provides no way for most registrants to lessen their registration period based on their circumstances and rehabilitation. Taken as a whole, SORA’s onerous requirements are punishment and their retroactive application violates both federal and state Ex Post Facto Clauses.
Conclusion: Michigan’s Sex Offender Registry Act, taken as a whole, imposes burdens that are so punitive in their effect that they negate the State’s public safety justifications. Accordingly, Amicus Curiae Attorney General Dana Nessel asks this Court to hold that SORA is punishment and its retroactive application violates the Ex Post Facto Clauses of the Michigan and United States constitutions. The unconstitutional 2011 amendments cannot be severed without leaving an Act that is inoperable without remedial efforts that are quintessentially legislative. Protecting the children and families of Michigan from sexual offending is critical, but it is the Legislature’s task to determine how best to do so within constitutional constraints.
Full Brief from FAC
People should really check out the fools! They/We vote in office! Most of the fools in office don’t even know what is constitutional and what is unconstitutional 99% of them just pass feel good laws. Just like this useless registers list! Those fool law makers use kids as THEIR shields! Too make out right useless laws! Bet you all dollars to doughnuts not one fool law maker even checks too see if a law is constitutional!! Most laws that are passed is too shut up a woman’s nagging. I would love a law passed too keep woman from nagging you too death!!!! Most or all laws are passed do to parent’s failing!!! Like John Walsh who wife was more interested with shopping than her 6 year old son. But it is now your problem and society for letting this happen! No holding the parents to the fire! Or any other parents who failed and let evil take their child. The Santa claws list of who is naughty and nice does not work!!! It comes down to the parents to make sure little johnny and suzie are safe!!! And if the parents fail they should pay too! NOT cause the kid is dead! But for neglect. Which should have not happen if the parent was watching there child. But the parents don’t want too get in trouble. So let’s make up stranger danger. Like i said this crap boils down to the parents who failed the child and they want YOU to be the scrap goat!!#