Thursday, August 25, 2016

U.S. 6th Circuit Court of Appeals Rules Michigan Sex Offender Restrictions ARE Punitive and Retroactive Laws Passed by Legislature DO Violate Ex Post Facto

If I hadn’t joined Twitter back in April I wouldn’t have seen Professor Corey Rayburn Yung’s tweets about this BIG decision today! 

A heads up to the Virginia Legislature! 

Today the 6th Circuit Court of Appeals agreed with two points I’ve been making for 8 years here in Virginia. Our Register Sex Offender restrictions (loitering, residency, employment, date changes, etc) are 100% punitive AND when the Legislature passes new RSO laws every year if the Legislature doesn't
include a start date so then the VSP applies them retroactively to existing RSO's that's a Constitutional violation!

The U.S. 6th Circuit Court of Appeals Ruled that:
  1. Michigan’s Sex Offender Restrictions ARE Punitive, not simply administrative
  2. Michigan’s Retroactive Laws against Registered Sex Offenders Passed by Legislature over the Years DO Violate Ex Post Facto

The U.S. 6th Circuit Court of Appeals covers:
Mary Devoy 

JOHN DOES #1–5; MARY DOE v. RICHARD SNYDER, Governor of the State of Michigan 
“SORA brands registrants as moral lepers solely on the basis of a prior conviction. It consigns them to years, if not a lifetime, of existence on the margins, not only of society, but often, as the record in this case makes painfully evident, from their own families, with whom, due to school zone restrictions, they may not even live. It directly regulates where registrants may go in their daily lives and compels them to interrupt those lives with great frequency in order to appear in person before law enforcement to report even minor changes to their information”.

News Articles/ Blog Posts on this Court Decision: 

Judges Are Starting to Question Overzealous Sex-Offender Laws, August 29, 2016

Editorial: Court takes step to rein in sex registry, August 29, 2016

The Perverse Penalties of Leper Lists, August 31, 2016
A federal appeals court finds little evidence that the burdens imposed by sex offender registries are justified.

The 6th Circuit Finally Said The Magic Word: Punitive, August 27, 2016

Michigan Sex-Offender Law Denied Retroactivity, August 26, 2016

Court says Mich. sex offender registry laws creating ‘moral lepers’, August 26, 2016

6th Circuit Says Mich. Sex Offender Registry Is Punitive and, Not Incidentally, Stupid, August 26, 2016
Concluding that retroactive application of the law is unconstitutional, the appeals court also questions its rationality.

Appeals Court Issues Scathing Ruling Against Michigan Sex Offender Penalties, August 26, 2016

The Volokh Conspiracy: Court voids state sex offender registry for imposing unconstitutionally retroactive punishment, August 25, 2016

Court: Michigan sex offender rules can’t be retroactive, August 25, 2016