Will Michigan legislature ever do right thing?

By William Buhl, J.J. Prescott, and Miriam Aukerman . . .

In early 2012, more than eight years ago, five people challenged Michigan’s Sex Offenders Registration Act (SORA) in court, arguing that the registry branded them as dangerous “sex offenders” without any individual review.

One was a man — we’ll call him John — who met a woman at a club open only to those 18 and older. They slept together and only later did he learn that she was actually 15. They fell in love, eventually married, and now have three kids. But due to her age, John was prosecuted and put on the sex offender registry. As a result, he has lost countless jobs, was often home­less and unable to live with his family, and couldn’t even attend his own kids’ basketball games.

Another man in the lawsuit — we’ll call him Paul — never even committed a sex offense. In 1990 when he was 20, he tried to rob a McDonald’s. But because he threatened the manager’s teenage son — an offense charged as “child kidnapping” even though it had no sexual component whatever — he was placed on the sex offender registry for life.

John and Paul won their case in 2016, when the Sixth Circuit U.S. Court of Appeals ruled that SORA is unconstitutional. The court not only found that Michigan treats registrants as “moral lepers,” but it also concluded, based on a mountain of evidence, that registries don’t make people or communities safer.

As the court pointed out, registries may actually increase offending and have “at best, no impact on recidivism,” probably because they make it so “hard for registrants to get and keep a job, find housing, and reintegrate into their communities.”

Despite the Court’s ruling, and despite the scientific consensus that registries don’t do anything to prevent sex offenses, neither the Michigan Legislature nor the executive branch did anything to reform our state’s registry. Instead, Michigan continues to waste millions of taxpayer dollars on running the registry, paying legal bills to defend it, and  incarcerating people for technical registry violations, not to mention forcing local police departments to spend scarce public safety dollars on pointless tasks like tracking whether a registrant borrows a car. That’s all money that could have been more effectively invested in survivor, prevention and rehabilitative services.

Read the rest of the piece here at the Detroit Free Press.

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    • #78839 Reply
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      Chris

      How is it possible that the legislature still hasnt changed or fixed anything even though it was ruled unconstitutional … Isn’t there stuff that can be done to force them.to.fix it or remove it?

      • #78855 Reply
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        A Mistake They Made

        Chris This is now case law and can be used to win in court if you have a similar situation.

    • #78840 Reply
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      A Mistake They Made

      They will do the right thing when it is too late, and after the price for persecution of people for past wrongs is too high!

    • #78870 Reply
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      aurelius

      >”Will Michigan legislature ever do right thing?”

      No.

    • #78874 Reply
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      Derek

      This has gone on far to long in many states and nothing seems to be changing, the lawmakers are to scared to do the right thing or they don’t like the crimes so they want to see people suffer!

    • #78880 Reply
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      William Nixon

      They charged me $13 a day GPS tracking while on parol that combined with Utah long parol could have ×ent on forever. Not to mention the 24 hr. a day curfue and 100 percent movement scheduling prior to going outside your house. These are honorable people that are specially trained to do what they do. Monsters that think they are just doing there jobs.

      • #78969 Reply
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        Crash

        -William Nixon

        Going off of what you said here: “These are honorable people that are specially trained to do what they do. Monsters that think they are just doing there jobs.”

        Not all of them are as honorable as they appear to be. Many in fact, are very, very dirty and could use the system to kill off an SO as they please. I know from experience that some of the law enforcement, as well as legislators and prosecutors are monsters themselves that are blinded by their ignorance, fear, bitterness, and hatred towards SOs. It took someone who was especially evil, to see and experience just how evil the average, everyday, “law-abiding” is and can be. Hell, I’m more afraid of them then they will ever be of me, that’s for sure.

        There was a point in my life where I was facing certain death, over a megaload of charges that had been dumped onto me for my 1st arrest. On one occasion during that terrible case or situation, a therapist and some other mental health worker had conspired against me and had me cuffed in a courtroom over the lie that the worker had “heard” me tell a female worker that I was “going to ra@@ her.” I got cuffed then they walked out the courtroom and went about their day as they practically used the system to kill me. They were pure evil, but who could ever know. Female ra@@ victims among other people, would never know as in their minds the only people who are evil or monsters are the worst criminals in America or terrorists in other countries. By the way, he had been a CO prior to working at the place and he was a rude, condescending, and terrible person.

    • #78910 Reply
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      Kohli R

      Michigan is becoming more and more of a joke……Florida is becoming more positive of Sex offenders than Michigan.

    • #78919 Reply
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      Tim Davich

      The problem is, we are fighting a government, they have all the time in the world, all the money of the tax payer at their wim. It don’t matter to them, because it don’t effect them. A lot like the whole Covid19 checks, it don’t matter to the law makers, as they are still getting their pay. It was my understanding that the court gave them 60 days to make changes, well if we are past that time frame then what? That seems to be more the question, the court order don’t hold water. But if it is us, the citizens, we don’t get a chance a a due over, we are held to the highest standard of the law. This is another reason why it is a us against them fight.
      Laws are to equally apply to all!, not just us common folk. If the court has ruled it unconstitutional then it can not be enforced, Legally speaking.

    • #78961 Reply
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      Crash

      Kohli R

      The thing about Florida is that legislators had sneakily amended or changed the laws pertaining to obtaining/possessing/viewing illegal material. What the amendments have done was allow prosecutors to “upgrade” charges which fit a certain criteria, to a higher degree and with a different name. A charge(s) would be upgraded and a person’s case become more serious, over small details which don’t have much to do with anything, concerning the illegal pictures and videos. A detail, for example, which could be as simple as the length of a video being a minute, compared to one that wouldn’t cause an upgrade being 30 seconds. It wouldn’t be a single charge either that could be upgraded, but several at once.

      Also, I have read that if an SO moves into Florida, they would automatically be forced to registry for life. Like their status gets overrided, despite whatever time they had left to register in another state.

    • #78963 Reply
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      Out of this country for good!

      “Paul” & “John” trying to get justice with the right to live in Michigan just like everyone else is typical of those of us with this life time label but never seeing the light of day.
      I know, spend 10 years trying to live under this label until legally escaped to another country, this is the only way my friends to get out of this nightmare.
      NARSOL is doing a great effort to change our lives and we will continue to support it, hopefully they will also get on this corrupt system to stop stamping our passports with the label of S.O.

      To keep many locked down in their States because you must tell them where your going and than issuing a passort with the mark of a dangerous person is ridiculous.

      NARSOL can win in the courts if many of us support them on this issue, we should be able to freely travel like everyone else, allowing many to escape this nightmare of a life time label and be allowed to start life new in another country, at least until the people change this corrupt system.

    • #78964 Reply
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      Rose Marie Jueden

      The laws in South Dakota are so confused on certain laws against sex offenders that when they were given their sentence he and told the truth my son was given fifty years for a first time sex crime his attorney never tried to plea program for him the second attorney failed to file for the papers for a sentence reduction and the Judge that sentence wrote a letter to my son and myself saying due to his last Attorney not sending the singing the papers his case was closed It has been kno Juedenwn that South Dakota Prisons are over crowed mostly with drug offenders that are in and out of prisons and are back in I have written many letters in regards to my son sentence he has never been written up in the 9 years in prison has had a lead tutor job all this time has gone to bible study glasses started a Courage to Change Program and Build a foundation while in prison where is there every going to be Judice in our legal system in South Dakota.
      Thank you am praying that our laws will change in South Dakota.
      A caring mother that knows her son told the TRUTH Rose Marie

    • #78970 Reply
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      Crash

      -William Nixon

      The entire situation I spoke of had started after a corrupt detective had worked with a prosecutor to get me a megaload of charges for my 1st offensive. He even got me a false “solicitation” charge over some short message thread on a social media site, that he and cohorts had dug up. It was very clear that the accusation was made up but the head prosecutor went ahead and threw that charge in with the ones I already had, and it was but a twig that was thrown onto the large logs which he, the detective, other law enforcement, even society itself had set on fire underneath me at the stake. The detective clearly and definitely had a vendetta and it had nothing to do with good or justice. He (as well as the prosecutor assigned my case) had worked against me in excess to seal my fate.

      As with the assistant prosecutor who was assigned my case and a couple of other prosecutors who were apart of a unit specifically for SO cases and with whom my lawyer had spoken and even pleaded with, my death was all that they had in their mind.

      Regular treatment, SO treatment, regular therapy, SO therapy, house arrest, monitor, classes, and probation were absolutely out of the question. They were evil and I certainly was not a risk. I wasn’t who they was pretending I was to be. They wanted my death not because of any “good” or “justice,” but just for the heck of it. Just for their sick pleasure.

      Tearing other people apart is part of a vicious game they play, which gets them paid very well. In some other life, knowing what I know now, I would never even have dared to have that career, even if the other option was to sleep on the streets. That system is the stuff of nightmares. Of legend. Of myth. Of things that go bump in the night. Very paranormal. Take it from me you and anyone else reading this: stay away from it.

      The morning of my arrest, the detective’s female assistant had shown him some psyche meds of mine that were found on a dresser in such a way, as to not let me see what she was doing. The detective basically took that finding and “swept it under the rug.” He was definitely possessed by something pure evil but I won’t get into that. There was a point where he stood next to me in an elevator after having mocked me to other officers (with words such as “Crash is a dumb@@@!,” “He’s stupid,” “Look, he’s so scared,” “So I asked him…Ares…and he told me yeah” in this cold, eerie, and dead tone) and had this strange, unrealistic, and malevolent grin on his face as he stood stiff and without blinking, I will say that much.

      If men were to steer into the illegal territory, as in obtaining stuff on their PC, the law enforcement will get their IP, then slip some sort of program onto their machine which would allow law enforcement to see what was downloaded and at what date, and also whichever thing was viewed and how many times it was viewed. They will keep tabs on them for several months (which actually allows the men to obtain more illegal material and put themselves under more fire) then when the men are arrested there will be lies on the report, law enforcement using news stations to give them more damage, and so on and so forth. Maybe even perjury (lying under oath) against them, from people in the community.

      Law enforcement as well as some task force would have the internet provider involved to reveal the location of the men. Happens to people all the time. One thing the men all have in common, is that their arrest is connected to some “harmless” addiction that they’ve had to content from the porn industry (which the US and state governments will never get rid of). An industry legislators allow to exist despite being harmful to the minors (perhaps even women) that they are so “concerned” about and serve to protect. Please listen and understand what I’m saying here.

      • #78982 Reply
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        The Bull

        Go scorched earth and sue them into the stone age.

        • #78989 Reply
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          Crash

          -The Bull
          Ha! Nah, what’s done was done. They got away with it. They’re long gone and I certainly wouldn’t deal with that system, both the criminal and civil aspect (suing would be a civil case).

          The most that I could do is move forward and share what I’ve learned with others. A A lot of people, including me, wish they had been told such things beforehand. I do believe that those individuals and others that I haven’t mentioned, will pay their own price when they leave this earth someday and I sure hope and will see to it, that I do not go where they’re going.

    • #79032 Reply
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      Mike

      Over ten years have passed since I committed a crime. Outside of traffic violations I have never broken the law since then. When will it be enough? I did 90 days in jail but I have to face a lifetime of this. Re offending is something I never worry about. What I worry about is constantly being tripped up by the state police trying to get me on technicalities to throw me back in prison.

    • #79115 Reply
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      Tim in WI

      What exactly is the right thing?

      No one can reasonably dispute the Americans people’s absolute right to have a database of known criminals. But there is a necessary distinction between having a database and Human enslavement to a database. Registration is about the maintenance of the database machine. The claim of manifest evil is found in the use of that maintenance that in effect acts a plain indentured servitude to property and necessary maintenance. According to the 13th amendment indenture is ONLY appropriate as punishment for those duly convicted of a crime. Slavery has not been abolished in America, but it’s use had been limited to the power of judges to employ as necessary. By the Whetterling Act Congress and the Feds adopted that power for themselves in an on mass way and utilizing the database machine infrastructure.

      The sex offender was merely a means to that end, lending benevolence to the infrastructure itself. To that end Sec 230 Liabilities immunity was also adopted to fertilize the free flow of information. Naturally sex trafficking and pornography have exploded precisely because all untethered use was granted by permitting State’s to do indenture.or enslave.

      As the most ignorant Supreme Court jurist put it. – I would think the American people can utilize the database in any way they want. You see the result of this lassi faire approach.

    • #79120 Reply
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      WILLIAM W BUSH

      Governor Whitmer has already spoken out about the registry as did Attorney General Dana Nessel. The good news is that the Senate vote was a lot closer than the House; and Whitmer has veto power. I have sent an email to the Governor; I hope you have too.

      • #79142 Reply
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        Tim in WI

        Mr. W. Bush,
        Gov. Witmer has faced serious threats from her actions concerning the people’s registry. Clearly her position is being guided by the Fed rulings and opinions implicating Michigan law and use of it. Those rulings are a threat to their way of doing business and so the Governor’s application of those opinions are the promulgation of same. They are not popular. These are my neighbors to the nor and my father resides in the state.

        This entire saga is the posterchild for why the use of ex post facto language in law is very problematic for the people. In FTR i simply ask this question to the jury.

        Before you can convict a man of prison escape does the state not need to have a valid record proving absolutely the charged man was supposed to be in prison in the first place?

      • #79157 Reply
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        aurelius

        >Whitmer has veto power.

        And Whitmer won’t veto this, watch. Am I negative about all this? yes. Experience has taught me so.

    • #79175 Reply
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      Brandon

      Reason why the legislature does this is because they get away with it, no accountability by judges for thumbing their noses at court rulings, and the public doesn’t have a clue except it makes life missable it must be good. Time will tell what Governor Witmer will do and I hope she vetoes the bill. As well as throw these clowns in orange jumpsuits for violating court orders. I don’t even live in Michigan, but I’ve made my voice heard.

    • #79410 Reply
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      WILLIAM W BUSH

      Wow, the Governor signed the bill into law; did she even read it? So, does this mean we start over or does this mean Judge Cleland looks at it and says no, it’s still not right?

    • #79516 Reply
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      aurelius

      @BUSH
      It means we bite the pillow once again. Called it.

    • #79964 Reply
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      aurelius

      (Awaiting moderation)

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