People v. Kardasz; People v. Martin

The Michigan Supreme Court in Kardasz held that the state’s 2021 sex offender registry law was punishment but was not facially “cruel or unusual” punishment under the state constitution. The court also ruled that the law’s requirement of lifetime registration for the most severe offenses was not cruel or unusual punishment as applied to the defendant who commited a sexual offense in that tier. Because the state clause is more protective than the 8th Amendment, the court did not conduct an independent federal constitutional analysis. The court denied leave to appeal on separate challenges to lifetime electronic monitoring. 

The court in Martin, heard together with Kardasz, is considering similar challenges to lifetime electronic monitoring, including whether it constitutes cruel or unusual punishment or an unreasonable search under the state or federal constitution.