Thursday, March 12, 2009

What the Experts Say

James F. Hodgson in his book on sexual violence: "Megan's Law is "feel-good legislation" that has led to harmful conditions rather than the betterment or safety of society."

One-time offender, convicted of statutory rape for having consensual sex with 14 year old girlfriend: "What really bothers me is that years from now, I'll still have to worry about soemthign I did at age 19."

Ernie Allen, president and CEO of the National Center for Missing and Exploited Children: "Offenders need to have somewhere to live...we can't zone them out everywhereusing the not-in-my-backyard approach."

Bernard James, law professor a Pepperdine University in Malibu, California about educators and PTA's that give out information on offenders: "People who provide the information are not doing anything illegal, but whether it's wise to do so is another question."

Mark Ondris, a Megan's Law prosecutor: "Megan's Law is essentially a school notification law."

Recently released child molester: "No external factor is going to keep me from reoffending--not the program, not my wife, not God. Only me."

Monday, March 9, 2009

Community Notification laws vary from state to state. In New Jersey, the state that passed the original "Megan's Law" in 1997, a panel of prosecutors decides the level of possible threat offenders pose to society. The first level is low risk, meaning that offenders only have to register themselves with the police. These people were generally involved in crimes that did not hurt another individual but are considered a sex crime, such as mooning or public urination. THe second level includes higher risk offenders, whose information is given to schools, child care agencies, and other community groups who may need to know. The third level consists of those who are most likely to commit further crimes. Their info is given to anyone who is likely to encounter them. Some states, however, do not consider the severity of the crime committed. For example, Louisiana is the only state to require offenders to actually notify the community of their crimes and presence in the neighborhood. Judges have even made some offenders wear special clothing and/or sandwich boards announcing their past crimes.

Another issue to consider is the liberties that community notification laws take from offenders. Is it really fair to punish them for life after they have already served their sentence? THese laws infringe on their privacy, their right to equal protection under the law, and provisions against cruel and unusual punishment. A person comvicted of manslaughter can pose a significant htreat to society, but once their sentence is served, they are free to roam the streets and live where they want. Why, then, must sex offenders have to endure an additional punishment, even if their crime was some thing minor, especially, if it was something that didn't hurt another person, such as mooning?