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supermike80

Interesting Legal Conundrum

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Heard this on the radio this morning.  

A guy is suing the state of Michigan claiming his listing on the sex offender registry is unconstitutional.

So it seems back before the registry existed, he was convicted of a 4th degree sexual something or another.   Found or pled guilty( cant remember which) was sentenced, served his time and moved on.

THEN...The state placed him on the registry once it started up.  He is arguing that is additional punishment---and not part of his original deal.

Now...I can see how now if you are convicted, your spot on the registry is part of your sentence..I think it's even stated as such.   

But is it legal to add him to the list for crimes before the crime happened?   Additional punishment after the fact.   

Good legal argument.  

 

And PLEASE spare me the "hes a sex offender so he gets what he deserves"  Yeah yeah...Not arguing the merits of his crime, just the legal point.

The law is fun

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If she spit, you must acquit 

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12 minutes ago, iam90sbaby said:

I agree with his legal argument. Still a turd though. 

I'm sorta agreeing here.  Definitely a turd, but i don't see it as fair to add crap after his conviction.  

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1 minute ago, supermike80 said:

I'm sorta agreeing here.  Definitely a turd, but i don't see it as fair to add crap after his conviction.  

It would sort of be like serving ten years on a crime that has a max of 10 years, getting out and they change the law to a max of 20 and you get 10 more years. I think he’ll win. 

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Counterpoint might be that the sex offender registry isn’t intended as punishment for his crime, it’s used as a warning to the people who live in his community. :dunno:

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1 minute ago, MDC said:

Counterpoint might be that the sex offender registry isn’t intended as punishment for his crime, it’s used as a warning to the people who live in his community. :dunno:

Nice!!!!!   Excellent point!!!

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11 minutes ago, MDC said:

Counterpoint might be that the sex offender registry isn’t intended as punishment for his crime, it’s used as a warning to the people who live in his community. :dunno:

Why? what are the people around where he lives going to do? give him the thumbs down is they see him? 

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If he has to do anything to comply with the registry list I believe that is an additional punishment.

 

If the list is simply publicly published based on risk due to past crimes I think that is simply public information being disseminated 

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