View Full Version : Michigan Sex offender Registry


Jeni
08-26-2002, 01:25 AM
I read on the MDOC today that Michigan's sex offender registry is back up and running on the internet. I guess it was taken off for a while, but they have put it back up. It's election time, so that means it's time to "get tough" on crime. I am pretty sure that if it wasn't for the elections, that registry would still be off the internet. What do ya all think?

aprilcat
08-26-2002, 06:45 AM
here in nc, the sex offender registry is always online...no matter what time of year it is. you're right, though, jeni...the timing on that one is a bit suspect.

nig sanders
08-26-2002, 10:32 AM
More hypocrisy from the right wing loonies. Let's register the names of all criminals that are a threat to kids. For example drunk drivers - they kill and maim kids every day but no....both our pres and vp have convictions for that kid-killing-krime so it doesn't count.

Jeni
08-26-2002, 08:54 PM
Well, I have been convicted of a DUI, and thank GOD I never hurt anyone or was in an accident, just got pulled over. I'll tell ya, that scared the hell out of me, and I am so lucky that nothing horrible came out of that. All I know is that ONE night changed the way I handle myself, forever. But, you are right. Drunk drivers kill many, MANY people, and the ones who are habitual, you never realize it until it is too late. I don't agree with the Sex offender Registry because there are people on there who are only convicted of having consentual sex with someone who is under age. They are not maniacs who are going to rape your kids. In fact, alot of these people aren't. But, with their names on that list, they are never going to be given a break.

aprilcat
08-27-2002, 06:43 AM
i agree, jeni. most people would never bother to look into the charges, just see their neighbor on the "list" and freak out. it's not fair, and i believe that once someone has done their time, that should be "it".

nig sanders
08-27-2002, 12:16 PM
Amen to that april. Once your sentence, including parole, is over, all rights should be restored and certainly the govt has no business stigmatizing you forever with the label of sex offender.

RottieGrrrl
08-27-2002, 06:42 PM
I have mixed feelings. I think the big backlash came because so many violent sex offenders were being let out on the streets, that this became a drastic measure.

Jen, what you said is what I feel is wrong with this system too. Many, if not the larger majority could be young men who could have dated a 16, 17 year old girl, and someone blew the whistle on them because of something they didn't like.

I also am a DUI offender. Oh yeah, I kicked the cop in the balls too. I don't recommend doing that...they don't like that.

Though I DO want to say I was OFF the road sleeping when I got busted. I hadn't even made it 1/2 mile from the bar when I decided I shouldn't be on the road.

I didn't stop drinking and driving right away either, I was jus more careful. It took a few years before Icame to my stupid senses.

I thank God in a way that I did get busted, because if I hadn't, I probably would have gone on and killed somebody.

In fact,I send support letters to a young woman in NC who that in fact happened too. She killed 4 teens and got sentenced to 60 YEARS in prison.

Anyway, thanks for letting me add my 3 cents.

snowdancer
09-13-2002, 08:48 AM
Sorry for the late response, but apparently someone filed a lawsuit for a violation of their privacy and temporarily won so they had to take down the website. Then it was overturned and it is back up. I will look for the article I read and post it here for more information. I am not sure how I feel about this except that we should be grateful we do not live in oregon because there you have to post a sign in your front yard!

Hugs

Jodi

snowdancer
09-13-2002, 08:52 AM
State sex offender list ruled unlawful by court

June 4, 2002





BY DAVID ASHENFELTER
FREE PRESS STAFF WRITER




A federal judge declared Michigan's sex offender registry unconstitutional on Monday, saying it denies people whose names are listed on the Internet site an opportunity to challenge whether they are a danger to society.

"No matter how laudable the goals of the Legislature are, there is a right to a fair procedure when the power of the government is used to burden and penalize citizens," U.S. District Judge Victoria Roberts ruled Monday. "This is true even when the citizens are convicted sex offenders."

State officials could not be reached to find out whether they plan to appeal the decision and when they might shut down the Internet site.

The ruling came less than two weeks after the U.S. Supreme Court agreed to review a case in Connecticut, which has a sex offender registry similar to that in Michigan and more than 20 other states.

"I'm elated, overjoyed and thankful for my attorney and grateful for Judge Roberts taking a positive stand on this issue," Daniel Fullmer, 32, of Royal Oak, said after Roberts granted his motion for summary judgment in his lawsuit against the Michigan State Police.

Fullmer, a former state corrections officer, was charged with fourth-degree criminal sexual conduct, a misdemeanor, after officials accused him of having consensual sex with a female inmate at Scott Regional Correctional Facility in 1999. He was fired.

He pleaded no contest to the charge in Wayne County Circuit Court and was sentenced to two years of probation, which he said he successfully completed.

Afterward, Fullmer said he discovered that he must report four times a year for 25 years to his local police department, to keep them updated on his whereabouts.

Since he could be charged with a felony for violating the reporting provisions of the law, Fullmer argued through his lawyer that the program denied his right to due process.

Fullmer said he decided to file a lawsuit after his neighbor spotted his name on the Internet, then asked Fullmer's wife whether he was a child molester so the neighbor could decide whether it was safe for his child to play with Fullmer's child.

"He assumed everyone whose name was on the list was a child molester," said Fullmer, who now works for a mortgage company.

The registry, created in 1994 for law enforcement purposes, became accessible to the public on the Internet in 1999. It was modeled after similar laws in other states.

Beyond the concerns raised in the judge's ruling, the State Police have acknowledged that many of the listed sex offender addresses were invalid.

Last month, a state House committee voted in favor of a bill that would permit judges to decide on a case-by-case basis whether juveniles younger than 16 should be listed on the registry.

"I'm just happy for my client," said Fullmer's lawyer, Thomas Lazar of Bingham Farms. "He wanted off that registry because it isn't fair to him and other numerous individuals who aren't a threat to anyone. Michigan just lumps everyone together whether they are dangerous or not."

Lazar said offenders wind up on the list by being convicted of specific crimes regardless of the circumstances of the offense or whether the offender is dangerous. Once on the list, Lazar said, there is no way to be removed, even if the offender is harmless. Lazar said the Legislature can't fix the problems with Michigan's law until after the U.S. Supreme Court decides the Connecticut case sometime next year.

Its eventual ruling could require registries in more than 20 states to grant sex offenders a hearing to determine whether they are a risk.

The Supreme Court said last month it will decide whether to force states to evaluate cases individually before listing former sex offenders on registries.

The registry has long been one of the most popular destinations on the state government Web site, www.michigan.gov. "We felt from the beginning that this law was unfair," said Kary Moss, executive director of the Michigan American Civil Liberties Union, which tried unsuccessfully in 1999 to persuade another federal judge in Detroit to overturn the law.

Moss said the ACLU has seen many people's lives ruined because of the law, especially minors she described as "Romeo and Juliets," who engaged in underage sex.

In September 2000, Roberts, who was appointed by President Bill Clinton, found another controversial Michigan law -- drug testing for welfare recipients -- unconstitutional.

snowdancer
09-13-2002, 08:59 AM
The Michigan sex offender registry will go back online, an appeals court judge ruled Wednesday.


• U.S. 6th Circuit Court of Appeals granted the state of Michigan's request to stay a district court decision in June to take the sex offender registry offline. The decision was made pending an appeal.


Lawmakers began calling for an appeal of U.S. District Court Judge Victoria A. Roberts' June 3 ruling soon after it was announced.

Before the district court's ruling, anyone who wanted to access the online registry could use the Internet to do so. Users could input their ZIP code and get a list of registered sex offenders in the surrounding area. They could also search for registered offenders by name.

No timetable was set for restoring the site, but Michigan State Police officials are reportedly working to get it back online soon.

The U.S. District Court issued a ruling on the case of Daniel Fullmer vs. the Michigan State Police, which led to the Internet site being taken down.

In the earlier decision, Roberts ruled that the Michigan Sex Offenders Registration Act is unconstitutional under the 14th Amendment in the U.S. Constitution, according to a statement made by State Police Director Col. Stephen D. Madden.

The judge said that the law that led to the creation of the list lacked a means to allow people in the registry to dispute whether they are a danger to society.

The ruling also prevents police from using a confidential list that tracks sex offenders.