9th Circuit issues conflicting decision.
One week after the 6th Circuit issued an opinion declaring the Michigan Sex Offender Registry “punishment” and therefore a violation of the Ex Post Facto provision of the Constitution, the 9th Circuit issued a conflicting decision.
You can read the opinion here.
So what’s next?
Generally, where there is a discrepancy among Circuits, the US Supreme Court has jurisdiction to decide.
This will certainly be a significant topic of discussion at the National RSOL conference.
Stay tuned for more information.
He only got six months in jail. Ten yeah probation. BUT He’ll have to register as a sex offender for Life. As media considered punishment. Every year since my probation completed. There has been more added states and public punishment then the last.
Teacher in California not required to register. To much punishment for her? Seems punishment for sentencing. Considered punishment by the public and media.
Six months in jail. Ten year probation. BUT as news says has to register for life. Sounding like punishment.
It isn’t a conflicting decision.
SCOTUS ruled the act of registration in and of itself isn’t punitive.
The 6th Circuit didn’t rule the mere act of registration is punitive, but HOW the registry was administered that is punitive.
The 9th Circuit ruled that the act of registration in itself isn’t punishment. It wasn’t an argument on HOW the law was administered.
Thus, it isn’t a conflicting decision. It is splitting hairs but strict legalists will point that out.
Thanks Derek.
It still will boil down to whether “the registry” and ones presence on the registry constitutes punishment. The enhanced restrictions that have been added (and will continue to be piled on) become part and parcel to the requirement of sex offender registration.