The Sixth Circuit Court of Appeals has issued a decision, that if left unchallenged, will require some individuals convicted of a sex offense to continue to register for life even if the state in which he resides no longer does. “This decision is shocking and could reverse the benefits of every state’s Tiered Registry laws as well as other post conviction relief,” stated ACSOL Executive Director Janice Bellucci. “The Court has literally ruled that once a sex offender, always a sex offender.” The petitioner in this case, Mr. Willman, was…
Read MoreTag: Doe v. Snyder
MI: Federal judge invalidates portions of SORA
A federal judge has issued a ruling that invalidates portions of Michigan’s Sex Offender Registry Act (SORA) that are unconstitutional. U.S. District Court Judge Robert Cleland issued the decision on Friday in a lawsuit that argued the SORA was unconstitutional. Full Article Court Decision Press Release from the Michigan ACLU Related https://mitchellhamline.edu/sex-offense-litigation-policy/2020/02/14/john-doe-et-al-v-richard-snyder-e-d-mich-2020/
Read MoreMI: ACLU Michigan Attorney Advocates End of Registry; Provides Update on 6th Circuit Decision
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…
Read MoreHow the Use of Improper Statistics and Unverified Data Corrupts the Judicial Process in Sex Offender Cases
We begin this Article by sharing something about our past legal practice careers, as we believe that is so relevant to the topic that we focus on in this Article. When Michael L. Perlin was a rookie Public Defender in Trenton, New Jersey, in the early 1970s, he regularly visited the Menlo Park Diagnostic Center where some of his clients—those who had been found, in the phrase used then, to be “repetitive and compulsive” sex offenders—were housed. When Heather Ellis Cucolo was a rookie Public Defender in Newark, New Jersey,…
Read MoreMI: Lawmakers ordered to revise the Sex Offender Registry Act
A U.S. district court judge is giving Michigan lawmakers 90 days to change the state’s sex offender registry law, almost three years after it was first ruled unconstitutional by federal appeals court. U.S. District Judge Robert H. Cleland issued an order that the law must be changed on Thursday. The ruling stems from an August 2016 decision by the U.S. 6th Circuit Court of Appeals in Cincinnati which found that Michigan’s Sex Offender Registry Act was unconstitutional. Full Article Decision
Read MoreMI: Sex Offender Registry afoul of constitution (Editorial)
Michigan lawmakers seem keen on making important reforms to the state’s criminal justice system, which should expand protections for civil liberties. Another item they should add to the list: Revamping the state’s Sex Offender Registry Act. Full Editorial
Read MoreMI: ACLU suit seeks changes to Michigan sex offender registry
Civil rights advocates say ___ is an example of how thousands of people have been unfairly penalized by the Michigan Sex Offender Registry more than two years after the Sixth Circuit Court ruled the state’s changes retroactively putting people on the list for life were unconstitutional. Full Article http://www.aclumich.org/article/what-you-need-know-about-does-v-snyder-ii http://www.aclumich.org/SORAinfo
Read MoreMI: Does v. Snyder brings changes to state’s Sex Offender Registration Law
Six people who filed a lawsuit against the State of Michigan, challenging the constitutionality of its Sex Offender Registration Act (SORA), have been removed from the public sex offender registry after a final order in their case, Does v. Snyder, was issued in January. The judgment, signed by The Hon. Robert H. Cleland of the Eastern District of Michigan, enforced a unanimous panel ruling by the U.S. Court of Appeals for the Sixth Circuit. The court held that the 2006 and 2011 amendments to Michigan’s SORA violate the Ex Post…
Read MoreMI: Treatment of sex offenders depends on whether they’ve challenged rules
Eight months after the U.S. Supreme Court effectively upheld a decision saying parts of Michigan’s sex offender registry law — one of the toughest in the nation — were unconstitutional, thousands of former sex offenders who thought they’d be off the registry by now, or facing less severe restrictions, have seen no changes. Full Article
Read MoreSex offender registries endanger the lives they’re meant to protect
Our communities deserve effective public-safety measures that are based on facts and sound research, not wasteful and counterproductive measures born of fear. We all want to be safe. We have to demand our legislators pass laws that work and actually keep us safe. That’s especially true when it comes to sexual offenses. http://thehill.com/opinion/criminal-justice/357096-sex-offender-registries-endanger-the-lives-theyre-meant-to-protect?amp
Read MoreGet rid of the registry [Opd Ed]
There’s nothing I can say about the tragedy in Las Vegas, except this: some version of that will happen in Michigan, probably sooner rather than later. The politicians are either in the pay of the gun lobby fanatics or resigned to the fact that they can’t possibly overcome them, so nothing will change. Nothing, that is, unless and until people somehow demand that democracy and sanity be restored. So far, they haven’t, and the senseless killing will go on. But there is something we do have an opportunity to change:…
Read MoreMI: SCOTUS denies review in Snyder v. Doe
UPDATE: Statement from the Michigan ACLU The U.S. Supreme Court announced today that it will not hear the State of Michigan’s appeal in a challenge to the state¹ sex offender registration law, which was dealt a major blow by a federal appeals court in a unanimous decision last year. Today’s announcement effectively requires the Michigan legislature to replace the existing law, thus creating an opportunity to reform Michigan’s registry, which has been widely criticized as bloated and ineffective. The lawsuit was originally brought by the ACLU of Michigan and the…
Read MoreWill SCOTUS Let Fear of Sex Offenders Trump Justice?
Two cases give the Court a chance to reconsider its counterintuitive conclusions about commitment and registration. According to the U.S. Supreme Court, locking up sex offenders after they have completed their sentences is not punishment, and neither is branding them as dangerous outcasts for the rest of their lives. Two cases the Court could soon agree to hear give it an opportunity to reconsider, or at least qualify, those counterintuitive conclusions. Full Article Also see Snyder vs Doe Karsjens v Piper
Read MoreSex offender laws and the 6th Circuit’s Ex Post Facto Clause ruling
I wanted to add a few words to co-blogger Jonathan Adler’s posting about the recent 6th Circuit decision in Doe v. Snyder, in which the court voided application of the Michigan Sex Offender Registration Act (SORA) on the grounds that it imposes retroactive punishment on previously convicted sex offenders in violation of the constitutional prohibition against Ex Post Facto laws. Full Editorial ***this article is from September 2016. Sorry. Moderator*** Snyder v. Doe
Read MoreSCOTUS asks US Solicitor General to weigh in on Ex Post Facto case
News from the U.S. Supreme Court – the court has NOT decided whether it will review Doe v. Snyder, last summer’s ground-breaking decision by the 6th Circuit Court of Appeals The U.S. Supreme Court has been asked to review an important ruling (Doe v. Snyder) which was handed down last summer by a federal appeals court, the U.S. 6th Circuit Court of Appeals. The request was discussed in a private conference last Friday and today we learned the result – the Supreme Court has made NO decision on the request…
Read MoreSex offender registration statutes are not faring well when subjected to rational basis scrutiny
A gracious reader directed me to a recent article authored by Dr. Melissa Hamilton in the Boston College Law Review entitled Constitutional Law and the Role of Scientific Evidence: The Transformative Potential of Doe v. Snyder, 8 B.C.L. Rev. E. Supp. 34 (2017). In her article, Dr. Hamilton discusses the United States Court of Appeals for the Sixth Circuit’s August 2016 decision in Does #1-5 v. Snyder, 834 F.3d 696 (6th Cir. 2016) (Justia). That decision is pertinent to military justice practitioners for a couple of reasons. Full Article
Read MoreMI: SCOTUS to consider Snyder v. Doe for review
Today, in a private session, the U.S. Supreme Court will be discussing an important case concerning the sex offense registry. News may come as soon as Monday, March 27th. The State of Michigan has asked the court to review a ground-breaking ruling by a lower federal court, the U.S. Sixth Circuit Court of Appeals. The Supreme Court is set to discuss the request for review today; review is granted in very few cases. If they turn down the request – the 6th Circuit ruling remains intact and directly impacts the…
Read MoreThe Transformative Potential of Doe v. Snyder
In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law. Full Article…
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