Michigan has recently been highlighted by the state Supreme Court for its practice of placing individuals on a sex-offender registry, even in cases where the crime committed was nonsexual, marking it as unconstitutional. In a 5-2 ruling delivered on Monday, the court deemed a section of a 2021 law as a form of “cruel or unusual punishment” that violated the Michigan Constitution. The ruling came following a case involving a man from Wayne County who, in 2015, was found guilty of holding his wife and two children at gunpoint for an extended period. Despite the nonsexual nature of his offense, he faced 15 years on the sex-offender registry due to his conviction involving minors.
Chief Justice Elizabeth Clement expressed that while the man’s crime was undoubtedly serious, it lacked any sexual component and did not indicate any future risk of committing sexual offenses. She criticized the registry for treating individuals like the man as if they were personally or morally responsible for a sex offense, even when they were not. The American Civil Liberties Union of Michigan approximates that around 300 people are currently on the registry for nonsexual crimes.
Justice Brian Zahra dissented, noting that many other states also implement similar policies. Zahra argued that Michigan’s law serves to empower the public rather than be viewed as a punishment. He highlighted the importance of the registry in ensuring the safety of Michigan families, providing essential information for parents making decisions about entrusting their children with caregivers or volunteer coaches.