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RM263: Cruel and Unusual Punishment Is not Punishment

Most people who have to register for a sexual offense think the registry seems like punishment. But is it "cruel and unusual" punishment? Making it difficult for individuals to find places they can live seems cruel. Some of the restraints placed upon registrants seem cruel as well. And it is unusual that individuals would have their address and personal information available on the internet up to 30 years after they have served time for their offense. But "cruel and unusual" is a high bar to meet, considering that in many states the death penalty is not "cruel and unusual." In The Michigan Court of Appeals versus Andrew Michael Swofford, Swofford's attorney attemtped to convince the court that lifetime registration was cruel and unusual punishment. His argument was unsuccessful. In Michigan, SORA Tier III offenders must report any changes to their residence, employment, e-mail address, and telephone number, and must report in person four times per year to verify their residence. It is easy to see that these are disabilities and restraints that impose onerous burdens on registrants. However, those restraints do not meet the legal standard for "cruel and unusual" punishment. This is not to say that elements of the registry are more than a "civil regulatory scheme." However, when discussing how to bring legal challenges before a court, it is essential to understand the nuances of laws and legal decisions. Cruel and unusual is a type of punishment. But legally, it is a type of punishment that is not applicable to the restraints that individuals on the sex offender registry face. To a Person Forced to Register, or PFR, the registry seems like punishment. But if the registry is considered a "civil regulatory scheme," it is no more punishment than having to get a driver's license or register a vehicle. In order for the registry to be seen as punishment, a case has to be built properly, and the language used in the courts must be precise. We also discuss ways that a PFR can be involved in the legislative process. First, build a relationship with a legislator or staff member if that is possible. Unless a PFR had a high-profile case, there is little chance that the legislator will take the time to find out if that individual is on the registry. Secondly, there are other ways to support candidates who are sympathetic to the plight of people forced to register for a sexual offense. Literature drops, phone banks, and monetary donations are three of those. Highlights [03:20] Engaging with state lawmakers. [19:35] Professional wrestling, fake news, and civil regulatory schemes [39:20] The Michigan Court of Appeals versus Andrew Michael Swofford. [58:50] Police and Qualified immunity legislation. [1:03:01] Lowering the threshold for a jury to recommend the death penalty. How to Contact and Listen to Registry Matters https://www.registrymatters.co/podcas... Leave voicemail: 747-227-4477 Email us: [email protected] Support us on Patreon:   / registrymatters   Follow us on Twitter:   / registrymatters   Join the Discord server:   / discord   Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry... Apple Podcasts: https://itunes.apple.com/us/podcast/r... Google Play Music: https://play.google.com/music/listen?... RSS: https://www.registrymatters.co/feed/p... Spotify: https://open.spotify.com/show/3d75P7K... YouTube:    / registrymatters   The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy. To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.