Subject:
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Re: Megan's Law, and its implications
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Fri, 7 Mar 2003 16:11:27 GMT
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Viewed:
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198 times
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In lugnet.off-topic.debate, Frank Filz writes:
> "Dave Schuler!" wrote:
> >
> > http://www.cnn.com/2003/LAW/03/05/scotus.sex.offenders.ap/index.html
> >
> > What are people's thoughts on this? I've heard arguments in the past that
> > mandatory registration for sex offenders is some kind of double punishment
> > after they've already served their prison terms. I've also heard arguments
> > that criminal records are a matter of public record, and registration of
> > this kind (and specifically the internet posting of pictures and names) is
> > merely the propogation of public record.
>
> I have very serious reservations about this issue. One problem is that
> there is no way to pettition to be removed from the posting. You can
> petition to have criminal records sealed. Another problem is that there
> is a difference between criminal records being available to those who
> make an effort to find them, and the criminal being REQUIRED to
> advertise their past (by reporting moves and such). I wonder if anyone
> has explored the interstate ramifications of this (are you required to
> continue to register with the state you are convicted in even though you
> now live in another state, and how do you do that registration). Can the
> new state require you to register based on your conviction? Note also
> that the records they are publicising (your address and such) are NOT
> public records.
**snip of further good analysis**
I knew you'd be the guy with the answer! Good points, all. I wasn't aware
that Megan's law doesn't permit the records to be sealed or even,
apparently, to have the entire case re-examined.
I think people sometimes regard this as a kind of community safety issue on
par with a resident who sought permission to, for example, process dangerous
chemicals on his property. The analogy works if one identifies the
individual (after having served due time) as a still-dangerous criminal
whose rights are subordinate to the public good. But the analogy fails if
one identifies the individual as a citizen who has served his prescribed
debt to society and who is now trying legitimately to rebuild his life. The
latter, of course, should be the correct model if we are indeed presumed
innocent until found guilty.
This whole situation points out the problems with ex post facto handling of
crimes. Would it be better if registration under Megan's Law were required
at the time of sentencing as part of the sentencing (when appropriate)?
> And with this kind of crud, I wonder why I continue to work with kids.
> It would be so easy to get branded as a sexual offender for life because
> some kid makes up a story.
Yeah, that stinks. There's a policy in the Pittsburgh area (and probably
elsewhere) that provides children an 800 number to call if their parents are
abusive. Although I abominate child abuse, it turns out that some children
have called the number with claims of abuse when in fact the parent simply
refused to purchase a toy, or required the child to help with chores, or
something of the kind. Hard to find the proper balance, I think.
Thanks for your thoughts.
Dave!
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Message has 1 Reply:
 | | Re: Megan's Law, and its implications
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| (...) Does guilt vanish with repayment? If I steal your car and am required to compensate you and pay an additional fine, have I then _not_ stolen your car? I think there are some pretty disturbing abuses of these laws, and I go back and forth about (...) (21 years ago, 10-Mar-03, to lugnet.off-topic.debate)
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Message is in Reply To:
| | Re: Megan's Law, and its implications
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| (...) I have very serious reservations about this issue. One problem is that there is no way to pettition to be removed from the posting. You can petition to have criminal records sealed. Another problem is that there is a difference between (...) (21 years ago, 5-Mar-03, to lugnet.off-topic.debate)
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