By Sandy . . . The Michigan Supreme Court, on July 29, 2024, issued an opinion that may result in close to 300 people being removed from Michigan’s sex offender registry. The case, People v. Lymon, revolved around whether individuals who had committed crimes that were non-sexual in nature could appropriately be required to register; the court held that they could not and that to do so was unconstitutional.
Unfortunately, the minority opinion, included in the decision, is garnering almost as much interest as the majority one. Emails directed to the NARSOL communications desk have been concerned with what it says and the message that it sends and perpetuates. That minority opinion is this: ” ‘The majority opinion ignores that countless Michigan families rely on the registry to ensure their safety. … Registration provides vital information for the parent who must choose a babysitter or entrust a child with a volunteer coach,’ said Zahra, who was joined by Justice David Viviano.”
August 6, 2024, an email was sent to 48 Michigan media outlets, all whose focus is Michigan news and politics. This is a copy of the email:
The Supreme Court’s decision that will result in approximately 300 people being removed from Michigan’s sex offender registry included this from the dissenting opinion: “The majority opinion ignores that countless Michigan families rely on the registry to ensure their safety. … Registration provides vital information for the parent who must choose a babysitter or entrust a child with a volunteer coach,’ said Zahra, who was joined by Justice David Viviano.”
These are the sorts of statements and the type of thinking that actually puts children at increased risk for becoming victims of sexual molestation. Every Michigan family who relies on the registry to ensure the safety of their family is ignoring the far, far greater threat–almost 100 times greater–of sexual harm to their children.
Persons who have been convicted for a sexual crime, punished, and required to register seldom reoffend. This was true long before the registry existed; it has been true as long as the tracking of these issues has been done. I know the media makes it seem otherwise, but empirical data does not bear that out. The latest that Michigan did and published a recidivism study that I can find is 2014. It showed that those with sexual crime convictions had less than a 1% reincarceration rate after three years. That information is on the very first page of the study, found here.
https://www.prisonpolicy.org/scans/cappsmi/CAPPS_Paroling_people_who_committed_serious_crimes_11_23_14.pdf Virtually all sexual offenses against children are committed by those without a conviction for a sexual crime but rather those known to and trusted by the family, specifically family members themselves, other authority figures, and the peers of the victims.
I wonder if there is any way to issue a challenge to the dissenting justices: Do some research into the last 10 or 20 or 50 cases of sexual abuse of a child in as many jurisdictions as possible. In how many of the cases was the perpetrator of each case someone already on the registry? I think they will be totally shocked.
I represent the National Assc. for Rational Sexual Offense Laws–NARSOL. We are an organization that advocates for laws based on facts and evidence and for policies that support the successful rehabilitation, restoration, and reintegration of law abiding, registered persons into society as the path to a safer society. I am the communications director, and I would be pleased to answer any question you may have.
It will be interesting to see if any of those who open and read the email, currently running at around 25%, contact me with questions or for more information. It is encouraging that approximately 2/3 of those who have opened it so far have clicked on the link to the Michigan sexual recidivism study from 2014.
Sandy, a NARSOL board member, is communications director for NARSOL, editor-in-chief of the Digest, and a writer for the Digest and the NARSOL website. Additionally, she participates in updating and managing the website and assisting with a variety of organizational tasks.
Sandy;
For some time now, I’ve bookmarked any Yahoo news report that involves child sex offenses. The first category is for persons with no prior sex offense. The second is for those with a prior sex offense. These articles include both arrests and convictions. Please don’t take this as any sort of rigorous study, but it does show a trend.
The ratio of articles for non-prior offenders to prior offenders is 635:36, or about 17.6. That means that 17.6 non-prior offenders were reported for every prior offender. Equivalently, 5.4 percent of the total number (671) were repeat offenders (36).
They do NOT care about facts. It is all about FEELINGS. About what they see on TV.
You’re absolutely correct, Sean. That’s what it has always been about. It’s those feeling that created John Walsh. It’s those feelings that have boosted political careers for the unknown. It’s those feelings that some “journalists” based their entire careers on.
Why would anyone want to bother to calculate the recidivisms rate? Wouldn’t “pro-prison” advocates (lock em up and throw away the key type people) see this as a violation of their right to be vigilantes against sex offenders? To quote the Simpsons, “think of the children”.
There would be an absolute rebellion if sex offenders started getting removed and we’d be up to our necks in new legislation (that of course the politicians would be forced to vote for). It is a vicious cycle.
Stay informed and stay angry.
Sandy, they only care about “their”version of truth. They dismiss everything as “fake news” that goes against what gives them aid and comfort on a subconscious level. It’s like taking away Linus’ security blanket and telling him to find a way to live without it. We’re fighting what I call “addictive psychological reliance” which is a branch of the cell phone and social media dopamine delivery vehicle.
If they’re raising THIS MUCH “concern” over a very small subset of people being relieved from registering, just imagine how ballistic they would go if we proposed they entire registry be repealed because of it’s controversial nature and it’s documented contribution to community decline..
It will take decades to deprogram the false “countless families rely on” fear-based argument.
Until the, it’s all about pacifying unwarranted fears with an “app” that gives the public a false sense of empowerment.
Sandy,
According to the words “…millions.. people rely on the registry..” Is the same as millions of people rely on the government database for their security.” (That insert clip of the ring security cam\com placed in a 12yr. olds bedroom with audio of a stranger speaking to the child through it.)
That’s right. Oops, the parents didn’t know how it worked.
Clearly they decided to install it without enough forethought and without regards for collateral consequences. Like SOR, both their own ignorance they inadvertently created an opportunity. Not different than the Wiki leaks saga
The database comes into play upon the storage of the data – text, voice or vid. The US Gov made it too easy trading convenience for security, just like the parents. Take my word for it, password protection is only temporary, and a minor inconvenience for the highly motivated seeker. MI has decided to release 300 or so individuals from their SOR regs, but that doesn’t dissolve federal law.