Skip to main content

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

Farmington Hills, MI |
Attorney answers 3

Posted

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.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Of course the fact that public SORA registry is a punishment equivalent to pillory on the courthouse square what not occur to the COA. No one can be elected or advance by being fair to sex offenders. While there are true predators, many MI SORA are youthful offenders with youthful girlfriends.

Becket J. Jones

Becket J. Jones

Posted

I agree. I do removal petitions on a regular basis.

Asker

Posted

But some people who this is effecting have already been sentenced,by a judge, and now given "more time". Isn't that illegal? They did not commit a new crime,did not have a court hearing,but were given more time?

Becket J. Jones

Becket J. Jones

Posted

Like I said previously, the Courts in this state have deemed that Sex Offender Registration is not a "punishment". Because of that the Ex Post Facto clause, which would bar increasing punishment for a crime committed prior to the inception of the law, is not relevant to Sex Offender Registration. I think you are correct, and I think the holdings of the Courts are faulty at best, but unfortunately that is the status of the law currently in the State of Michigan.

Asker

Posted

There must be a very thin line then between the two,and someone some how needs to cross it!

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Atty Jones has it right, as the law stands. To take this up, someone "needs" to have $300,000. To change the law involves erasing the culture of vengeance that rules our nation.

Asker

Posted

Now to get every registered sex offender to pitch in 10.00 bucks?

Posted

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

Posted

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

Asker

Posted

But does not the Ex Post Facto also state that "extending sentences" is also illegal?

Ronald S. Pichlik

Ronald S. Pichlik

Posted

Its registration, not a new or extended prison sentence. That's the opinion of the courts not mine.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer