People v. Malone

Juvenile Law Center and the American Civil Liberties Union of Michigan filed an amicus brief in the Michigan Court of Appeals arguing that Kenneth Malone’s registration under the state’s Sex Offender Registration Act violated the Michigan Constitution’s prohibition against “cruel or unusual” punishment, which has been found to be stronger than the U.S. Constitution’s prohibition against cruel and unusual punishment. The Michigan Supreme Court previously held that such registration is not cruel or unusual as applied to adults. Our brief argued that federal and Michigan constitutional jurisprudence demands that registration be deemed unconstitutional on its face and as applied to Kenneth given it is automatically imposed with no individual review or consideration of youth or his potential for rehabilitation. It further argued that the application of registration to children for decades or their lifetime is disproportionate as it imposes devastating consequences on youth with little to no public safety benefit.  

In an Unpublished opinion the Michigan Court of Appeals affirmed that lifetime SORA registration for a child, who was sentenced and convicted as an adult, does not constitute cruel or unusual punishment under the Michigan Constitution on its face and that the Michigan Supreme Court’s recent decision in People v. Kardasz, ___ Mich ___; ___ NW3d ___ (2025) (Docket No. 165008) does not alter that judgment.

LEGAL TEAM

Attorney

Riya Saha Shah