Sex offender registry: valuable resource or tool for public shaming?
A cursory glance at the Michigan Sex Offender Registry may reveal that someone who’s been convicted of a sex crime lives near you.
Now what?
Advocates for reforming the registry say this publicly available information not only doesn’t make communities safer, it actually has the potential to make them more dangerous.
Michigan Attorney General Dana Nessel recently issued a legal brief that concluded the registry is harmful overall and should be revised by the legislature.
In her published opinion, Nessel said the registry is a form of ongoing “public shaming‘ that prevents offenders from re-assimilating into society, thereby increasing their chances of re-offending. She points out that no other crime carries a requirement of registration, including murder.
Nessel also is critical of the registry’s relevance, considering how few instances of criminal sexual conduct occur involving someone who is unrelated but happens to live in the same neighborhood as a victim.
“Significantly, although 70% of all men in prison for a sex crime were men whose victim was a child, in almost all of the child-victim cases the child was the prisoner’s child or a relative,‘ Nessel wrote. “Thus, although the registry’s focus is on possible dangerousness of strangers, that scenario is rare.‘
The registry places barriers on housing options. Many on the registry are not able to rent an apartment of their own. Unable to find their own apartment they reach out to and eventually move in with relatives or close friends, some with children; the very people most likely at risk.
“Registrants”?
Did this reporter really employ that term?
Somebody’s getting through to them.
The measured and balanced language used by both sheriff and prosecutor in this story are extraordinary.
Can’t imagine that sort of language from, say, Polk, Volusia.
It goes beyond public shaming, it is punishment as part of a sentence imposed for an underlying sex offense. For example, the “sentence imposed” also tracks the US Supreme Court’s understanding that supervised release and imprisonment are componens of a sentence. See Mont v. US, 139 S. Ct. 1826 (June 2019)
Are you saying that when a judge sentences a convicted sex offender to register as such, that is deemed as punishment for purposes of the sentence under Mont v. US?
Bob, lets call it out for what it REALLY amounts to: a form of terrorism, abuse and neglect.
It’s synthetic safety for worrywart mothers!
Dear Anon and Uncertain (and anyone else interested),
We all know that sex offender registries frustrate our constitutional rights. I came across Mont v. US on SCOTUS Blog last year. It does not specifically rule that any sex offender registry is punishment. But the Mont Court does recognize that supervision and imprisonment are punishments from the same sentence. Well, so is having to register as a sex offender in many cases. Usually a judge orders us to register or face the consequences of further prosecution. That being said, I think Mont allows us to argue that because a court orders says we have to register as part of our sentences, the registration is punishment just like imprisonment and supervision. I would like to know what FAC and the lawyers think.
Bob
Just wait until you accidentally violate one of the lifetime requirements your basically on trial for the first charge. They are giving everyone 6 freaking months in jail here for victimless crime. Charges carry 4 points but then they add your original charge points and your up to years in prison so people take the 6 months. If you explain it to the judge basically your on trial for the first charges in my case was 22 years ago I had to explain that like what’s that got todo with being a digit off on your VIN number or staying away from your confinement (your home) for 4 days instead of 3 cause something came up. Why have we lost our 5th amendment rights to not incriminate yourself to begin with. To have to give them info you can easily get wrong. Why are they asking us if we are married separated ect ect. No one gives a shit. Best thing todo keep you like 10 pills in your pocket they arrest you pop them…cops probably take the long way so you’d be good and hard before you get to jail. F this sucks!
The registry is used to allow the public, government officials and law enforcement to antagonize me and all who is on it. They are poking us with sticks and they tell us we have to take it. No we dont!!!! Thank you FAC for everything you do. I’m sorry I haven’t been able to give money as free as I use to but the brevard county ordinances have recently made me homeless. The law enforcement in Brevard on Gus Hipp MADE ME live under a bridge rather than my my mom and dads because there house was 50 feet to close to a church in Rockledge. For get not I was convicted in 98 in Ga and have since been completely removed from the RAZOR WIRE of the registry. CASE CLOSED!!! Not Florida though. FDLE told me it has zero effect on my registration requirements in Florida. Florida put me on their registry because of Georgia in 2003 when I moved here but wont take me off even after I have been released of all registration requirements in Ga. I have been a role model citizen since my release in 2003 and this is how Florida treats me????
THIS needs to stop. THIS is what needs to be challenged and challenged ferociously.
FAC,
If SB 1552 becomes law with the relief language intact, would it not allow Jason A to petition for removal from Floriduh’s registry?
No
There is a sentence at the end that says if the person would otherwise be required to register under the laws of Florida they are out of luck (in other words). That makes the section useless to begin with. The only useful thing in this bill is the vehicle registration.
That sucks!