After nine years of litigation, the Michigan Supreme Court has ruled that the 2011 Sex Offenders Registration Act is unconstitutional ex post facto punishment. What does that mean?
According to a press release from the State Appellate Defender Office, it means that many of the Act’s requirements cannot be imposed against those whose offenses requiring registration came before the enactment of the 2011 Sex Offenders Registration Act.
Referencing the case People v Paul Betts, State Appellate Defender Jessica Zimbelman said, “The Court correctly recognized the extreme and unconstitutional burden placed on nearly 40,000 Michiganders by requiring registration with no determination as to who actually poses a risk to the public.”
The decision was based on the court’s view that being on the Sex Offender Registry restricts where registrants can live, work, and loiter and is comparable to shaming. The court also felt that the registry resembles parole, given the “significant amount of supervision by the state” and it imposes onerous burdens, all without any evidence of reducing crime.
Reporting for WGRT – Jennie McClelland
