I am confused as to why Michigan's version of the Adam Walsh Act ...

... has not been ruled as unconstitutional? How can a person be convicted, sentenced and classified at an earlier time then reclassified? Isn't this double jeopardy ?

Farmington Hills, MI -

Attorney Answers (3)

Becket J. Jones

Becket J. Jones

DUI / DWI Attorney - Kalamazoo, MI
Answered

It's actually not double jeopardy but an argument can be made that it violates the United States' and Michigan's Ex Post Facto clause.

That argument however has failed numerous times in Michigan. There are 3 leading cases - one out of the western district of Michigan (federal) and two out of the Court of Appeals. Believe Doe v Kelly is the federal case.

All three cases say registration is not a "punishment" so there is no violation of the Ex Post Facto clause.

An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
Loren M. Dickstein

Loren M. Dickstein

DUI / DWI Attorney - Southfield, MI
Answered

Mr. Jones is correct. You can review the court decisions on-line and hopefully you will gain a better understanding.

Ronald S. Pichlik

Ronald S. Pichlik

DUI / DWI Attorney - Battle Creek, MI
Answered

I agree. Though I am certain ir seems like punishment, the courts have held that registration is not punishment.

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