Blog

Oct 2011
20

Defending CSC Allegations – Psychological Records and the Confrontation Clause

Criminal sexual conduct cases, including date rape or acquaintance rape allegations, frequently involve the classic “he said, she said” situation. A friend, co-worker, classmate, or another acquaintance claims “rape,” and the only defense you have is your word – usually either “I didn’t do it,” or, “we had sex, but she consented.” So, the Defense […]

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Oct 2011
06

Internet Child Pornography: More Than Meets The Eye?

The internet can be a very scary and dangerous place, but not for the reasons that first meet the eye. There are many ways to break the law on the world wide web, and the internet is loaded with traps for the unwary. However, there is nothing on line that is as fraught with peril, […]

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Sep 2011
27

Michigan Supreme Court is at it Again in a Sex Crimes Case – This Time: Jury Instruction

The Michigan Supreme Court is at it again in a sex crimes case. Despite agreeing that a defendant’s jury was given improper jury instructions, the Supreme Court recently used a “legal technicality” (failure of the defendant’s lawyer to object to the improper jury instructions at trial) to affirm his conviction. The Michigan Supreme Court reinstated […]

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Sep 2011
13

SORA – Finally A Win?

Finally, a win in a sex offender case in the Michigan Supreme Court. On June 30, a unanimous Michigan Supreme Court said a trial court could not order a defendant to register as a sex offender more than 20 months after the court had originally sentenced him. In People v. Lee, a judge of the […]

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Sep 2011
06

The Sex Offender Registry Is Not Cruel Or Unusual Punishment – Hester Prynne Would Be Amused

Many of us remember reading The Scarlet Letter in High School. For those that did not have the pleasure or for those that filed the plot of that book away with other, less important trivia, the plot involves a woman, Hester Prynne, punished for her sins of infidelity. The punishment she suffered was not merely […]

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Aug 2011
24

College Life and Sex Crimes

It’s every parent’s nightmare–a string of sexual assaults near your child’s college campus. For many Michigan parents, this is a reality defined by cable news and newspaper headlines. Beginning on July 15, a string of sexual assaults on young women near the University of Michigan campus were reported, plaguing the community and incoming freshman with […]

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May 2011
28

New York Cops Acquitted of Criminal Sexual Conduct

The two New York police officers accused of raping a drunken women after they helped her get back into her apartment were acquitted by a jury this week. It does not seem to matter how many times we read about false allegations of rape and sexual assault, every time a jury vindicates a defendant charged […]

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Apr 2011
29

Removal From The Sex Offender Registry

Will the new Sexual Offenders Registration and Notification Act (SORA) allow you or a loved one to be removed from the sexual-offenders registry? In many situations, the answer is yes. In others, it is unclear. We have been closely tracking the changes to Michigan’s SORA law, and discussed these changes extensively on this blog. These […]

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Apr 2011
14

New Sex Offender Registration Act Becomes Law in Michigan

On April 12, 2011, Governor Snyder signed a bill making sweeping changes to Michigan’s Sex Offender Registration Act (Public Acts 17, 18, and 19 of 2011). An initial review of the changes show that while many of the proponents are congratulating themselves for finally bringing sanity to a law in much need of it, a […]

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Apr 2011
10

Is There a Link Between Child Pornography and Child Molestation?

Is there any connection between possessing and/or viewing child porn and commission of an actual act of child molesting? For the past few years, prosecutors across the country have pointed to a flawed study conducted in a federal prison to answer “yes, there is.” That study was conducted at the Federal Prison in Butner and […]

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