Archive for the ‘Sex Crime’ Category

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Violent Offender Statute – 4th / Michigan Compiled Laws MLC §769.12(1)(a)

On October 1, 2012, the Michigan Legislature amended MCL §769.12 to make certain persons eligible for a 25-year mandatory minimum sentence upon conviction of a “Serious Crime” or a “Conspiracy to Commit a Serious Crime”. This amendment is known commonly amongst attorneys as the “Violent Offender“ stature.   A serious crime is defined by the statute as […]

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Michigan Sex Offender Registration Amendments Unconstitutional for Retroactive Application

In the recent case of Does v. Snyder, the Sixth Circuit analyzed Michigan’s amendments to its Sex Offender Registration Act (SORA) and concluded that when applied retroactively, its violates the United States Constitution. The Sixth Circuit Court analyzed specifically the two most recent amendments to SORA in 2006 and 2011. In 2006, Michigan amended SORA […]

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Private Tutor – Rape Under CSC III

One of the ways a Defendant may be found guilty of third-degree Criminal Sexual Conduct is to show that defendant engaged in sexual penetration with a public or non-public school student between the ages of 16-18, and that defendant is a teacher, substitute teacher, administrator, employee or contractual service provider of that school district. This […]

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Child Witness – Forensic Interview

As discussed in a previous blog, there are some circumstances in which a child witness may have a support person to accompany him or her during testimony.  Although not another accommodation, the video recorded statements are crucial to a good defense in a criminal sexual conduct case. In Michigan, if a video recorded statement is […]

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C.S.C.: Child Witness may not have to face Defendant

Another child witness accommodation in a criminal sexual conduct case is the allowance for the child witness to testify outside the presence of the defendant.  There are different levels of testifying outside the presence of the defendant. Preliminary Examination (hearing where prosecution has to show a crime occurred and probable cause the defendant committed the […]

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C.S.C.: Child Witness – Forensic Interview

As discussed in the last blog, there are some circumstances in which a child witness may have a support person to accompany him or her during testimony.  Although not another accommodation, the videorecorded statements are crucial to a good defense in a criminal sexual conduct case. In Michigan, if a videorecorded statement is used, it […]

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C.S.C.: Child Witness – Support Person

This blog is a follow-up from the last blog post regarding child witness accommodations in a criminal sexual conduct case.  The last blog was a bit long, and I wanted to submit a shorter version with some additional information. Some of the different types of accommodations include: (1) the use of a support person (2) […]

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C.S.C.: When Witness is a Child – Part I

Sometimes child witnesses are given special accommodations in a trial and other criminal proceedings.  It is important to remember that in a criminal case, you have a right to confront the witnesses against you pursuant to the Michigan and United States Constitutions.  However, there are carve-outs to this right.  One of those carve-outs is the […]

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Criminal Sexual Conduct Polygraph

This blog will discuss polygraph examinations in criminal sexual conduct cases.  Specifically, in criminal sexual conduct cases, a defendant must be given a polygraph at his or her request.  This is not to say it is advisable to do so; always request and speak to an attorney first before taking a polygraph test. Although not […]

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