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.
The changes are overdue, especially since a federal appeals court decision in 2016 found several aspects of Michigan’s law were unconstitutional. Now the impetus is on the Legislature to fix the problems.
If it doesn’t, the American Civil Liberties Union of Michigan is prepared to move forward with a federal class-action lawsuit that was filed last year. The ACLU, along with the University of Michigan Clinical Law Program, also brought the former legal action that led to the 6th Circuit Court of Appeals’ opinion.
“What is very clear is that Michigan cannot enforce the current (Sex Offender Registry) statute,” says Miriam Aukerman, a senior staff attorney with the ACLU of Michigan. “It was found unconstitutional, and the practical reality is that the state hasn’t come into compliance with the court’s decision.”
Never stop the dismantling of the US Contitution, With its attack on male voters for as to set up the Fasist Police State.
Well, I hope the constitutional review goes better in Michigan than it did in Florida. Our fine legislators squandered a once in 20 year opportunity to effect real change to the state. What did registered citizens get? Constitutional disenfranchisement.
The State of Florida is appealing the findings of Judge Mark Walker in the US Court of Appeals for the Eleventh Circuit that the dis-enfrangement of all voters who have completed their sentences should have their rights restored, ALL felons.
In addition to the right to vote, the rights of jury duty, 2nd amendment right to have firearms, etc. will be addressed. The ACLU along with the original persons who brought forth Amendment 4 is requesting the court to keep this appeal and not dismiss it. If the Constitutional Amendment is UN-constitutional it will be and is being attacked. Hold tight, registered citizens still have a chance in Florida
I used to donate regularly to political activities…Republican party…but until my earned rights are restored I have better organizations to donate to. When people start throwing around “unconstitutional’ ask them to be specific…article/section…that is being violated? That usually brings the conversation to a halt. It’s a term many use nowadays if something doesn’t go the way they want. Contrary to what some may think, studying the Constitution and it’s original intent…before politicians started butchering it…is really quite interesting. We had a group that met in my home to study it and we may repeat the study. Something new always seems to ‘pop out’.
I am in complete agreement Capt. However,after the last few years I don’t even want others to know I was associated with the Republic party. It seems the Democrats are the new Republicans and vice versa. I Am not saying anything to endorse one party over another or cause a ruffle of feathers.I am at lost even I got voting rights back I would not know who to vote for anymore.
A friend of mine in Virginia got his voting rights back and didn’t even have to apply for restoration. Of course, at that time the governor was a Democrat.
It is ridiculous that it is taking so long here in Michigan for the Legislature to act. The problem is that they don’t want to vote on anything that makes them look soft on crime, so they are hoping that the courts will rewrite the law for them to let them off the hook. I bet if the courts awarded a million dollars to every affected offender, the state would act speedily. Just had a friend die of cancer this week. He was added to the registry for a crime that occurred years before there was a registry. Sad that he will never see the relief from that unconstitutional act by the state that he was entitled to by the Does v Snyder ruling.
I couldn’t agree with Dustin and Gerald anymore…..financial “incentives” would hurry the process right along….I’ve had several email conversations with Ms. Aukerman and she confirmed what Dustin stated that Michigan LOSES money by keeping this registry up. Apparently, our $50 per year price club membership doesn’t get them close to breaking even…that being said, Gerald sorry for the loss of your friend. It makes you wonder how many have died with feelings of despair & loneliness that come from being alienated and continuously punished and discriminated against. As I have stated before on this forum, I have as much to gain to gain from this court decision or legislation as anybody…it should result in my total removal from Michigan’s registry. I know it’s hard to keep the faith but hopefully better days are coming our way!
Even though I was released from probation eleven years early, to be removed from the Florida registry would be like the loss of a 1000# weight from around my neck. I remember in the Navy that every time we got a new boss and even though things were going well, we had to make changes just for the hell of it. We called it the ‘not invented here syndrome’. I suspect that is, in a modified manner, what we are dealing with here. Those who ‘invented the registry’ don’t want to admit that it’s a costly failure but don’t want to eliminate it because they lay claim to its ‘invention’ and until a whole new crew of ‘enforcers’ come on board no one wants to admit failure. We need some new ‘inventors’.
The smart thing to do is abolish the registry en totem. Attack it from the financial point of view – Michigan is one of the most indebted states and registry costs are too great and provide no benefit whatsoever.
A long shot, but if Michigan abolishes its registry and doesn’t get a dramatic upturn in sex offenses (and it won’t), it could pave the way for other states to follow suit.
Could someone with a Facebook account post the above on the article itself?
Once a law is found un-Constitutional in a state, that state’s lawmakers should go into 24/7 session until the law is rewritten so as to be Constitutional. Right now when a law is found to be un-Constitutional, the lawmakers just say “ho hum” and go about business as usual, unless of course, it affects their pay.
Personally, I think pay raises for legislators including cost of living increases should come strictly from the ballot box. Don’t think it’s fair that legislators get to determine if they need or deserve a raise. Only applying to the next term doesn’t change anything – most bodies are 90+ percent full of incumbents.