by Melissa Hamilton PDF copy
Abstract: In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.
Introduction:
In late 2016, the U.S. Court of Appeals for the Sixth Circuit ruled in Does #1–5 v. Snyder (“Doe v. Snyder” or “Snyder”) that Michigan’s civil sex offender law was unconstitutional.[1] The Sixth Circuit’s decision attracted commentary across the legal, policy, and media worlds.[2] The ruling concludes that a state’s sex offender registry and residency restriction law constitutes an ex post facto punishment in violation of the constitution. The Sixth Circuit’s stance in Snyder conflicts with the judgments of nearly all other courts, which have largely rejected various constitutional challenges to specialized sex offender laws and policies.
