Constitutional Law and the Role of Scientific Evidence

9 Pages Posted: 2 Mar 2017 Last revised: 6 May 2018

See all articles by Melissa Hamilton

Melissa Hamilton

University of Surrey School of Law

Date Written: February 24, 2017

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.

Suggested Citation

Hamilton, Melissa, Constitutional Law and the Role of Scientific Evidence (February 24, 2017). 58 Boston College Law Review E. Supp. 34 (2017). Available at SSRN: https://ssrn.com/abstract=2923115

Melissa Hamilton (Contact Author)

University of Surrey School of Law ( email )

United Kingdom

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