Reply To: Sixth Circuit rejects Michigan residency & premises restrictions

#9444
Avatar
antiestablishmentarianism

I wouldn’t necessarily assume that registration will completely go away with the punitive declaration. Many individual state supreme courts have already made that determination. What the punitive designation does though is prevents ex post facto punishment and guarantees due process. Your change to 25 years would be ex post facto. In my case, I was never directed to register in a court of law, so due process would be my fight. Most states are incorporating due process in anticipation of the laws being declared punitive though, so don’t expect that decision to change a whole lot of things. I anticipate about a third of offenders on the list will be positively affected by such a decision though.