Archive for the ‘Sex Offender Laws’ Category

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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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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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Plethysmographs – A Violation of Substantive Due Process.

In United States Court of Appeals v. David McLaurin the court was to decide if the District of Vermont’s imposition on the defendant, as a condition of supervised release, which may involve treatment that might include penile plethysmography testing, is legal. In September 2011 the defendant was indicted in Vermont for violating the Sex Offender […]

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Witness Competency Baseline

In the recent case of Michigan v. Tarique Houssaine the defendant, who was convicted of second degree criminal sexual conduct, argued that the victim, a seven year old girl, was not competent to testify, and that the victim’s testimony was an abuse of discretion on the part of the trial court.   The Michigan Court […]

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