Sex Offenders vs Constitutional Rights Essay Example
Sex Offenders vs Constitutional Rights Essay Example

Sex Offenders vs Constitutional Rights Essay Example

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  • Pages: 6 (1431 words)
  • Published: April 29, 2017
  • Type: Case Study
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Currently, there are no restrictions that prohibit people from using online directories to search for individuals worldwide. This includes both non-criminal individuals listed in phone books or registered with search engines and sex offenders who appear in the National Sex Offenders Registry - a database that encompasses all states except South Dakota and Oregon.

Community notification is a requirement in certain States for all individuals who have been convicted of sexual offenses, regardless of whether it was consensual teenage sex or child rape. The purpose of notification is not to increase the apprehension of offenders, as they have always lived in all communities. Instead, community notification aims to inform residents and make their community safer. The primary focus of the criminal justice system is protecting citizens from sexual predators and managing convicted sex offenders effectively within society throu

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gh cooperation between local and State law enforcement agencies.

In 1996, the Sex Offender Registry Act was put into effect. It mandates that convicted sex offenders must register with the Division of Criminal Justice Services and receive a risk level classification. To comply, they must annually verify their address, report any changes in location, and submit updated photos. The registry is an advanced resource for fighting crime as it contains a cutting-edge database capable of locating all registered sex offenders. Community notification serves to alert neighborhoods about current or future sex offenders living nearby so that they can create effective plans to protect themselves and their children from residing near released sexual offenders.

According to Parents For Megan's Law (n. d.), there are about 460,000 sex offenders registered in the United States with significantly higher rates of reoffending compared to othe

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violent criminals. Specifically, rapists have a recurrence rate over 35%, while molesters of boys and girls show rates around 40% and 29%, respectively.

Young people who are vulnerable and seeking attention, affection, and love in the wrong places face a constant threat from sex offenders. These criminals not only victimize children but also take advantage of their position of trust to perpetrate abuse. Their actions can result in lifelong harm for victims and inflict damage on society's most defenseless members. Additionally, sex felons have high rates of repetition and are more likely than other violent criminals to avoid significant prison time following conviction.

The issue of safeguarding communities against sexual offenders is a significant matter across all states in the US. The reason for this is that the impact of sexual violence on children can be enduring and have lifelong consequences. Mandating registration for released offenders provides a simple means for both law enforcement and society to monitor individuals who may pose a risk.

Law enforcement must locate released sex offenders to ensure public safety and swiftly gather potential suspects in new cases. Registration also enables nearby agencies to share information and assist with questioning. However, recent killings of registered sex offenders in Maine have sparked a debate over their privacy and safety, leading some to argue against including extensive personal information on online registries.

The recent incident has highlighted the fact that online sex offender registries may not necessarily enhance public safety. In light of this terrible occurrence, the Vermont chapter of the American Civil Liberties Union advocates for eliminating the state's online registry. Meanwhile, Maine's recent legislation aimed at expanding offenses that require registration and

making it easier to post information on sex offenders is seen by some as contradictory to the Constitution (Ahuja, 2006, p. 1). The executive director of Vermont's ACLU, Allen Gilbert, even suggests that these registries could have an adverse effect (Ahuja, 2006, p. 2). Critics who support privacy rights and sex offenders contend that because most states do not perform individual threat assessments before requiring registration, citizens may perceive everyone listed on a registry as a potential danger.

Despite concerns over offender safety raised by recent murders in Maine, the law does not allow for the removal of rehabilitated previous offenders from the registry. State authorities maintain their support for public access to information on criminal activities of neighbors. Some argue that sex offender laws aim to address community fear regarding children at risk of sexual exploitation by repeat offenders. However, Human Rights Watch (2007, p. ) has provided evidence indicating that the dangers faced by children are distinct from this concern.According to government statistics, the majority of individuals who sexually exploit children are known to the victim and lack previous sex crime convictions. Although many believe that sexual offenders will always repeat their offenses, treatment can be successful even in severe cases. All states must follow federal law regarding community notification, but some go beyond this by posting sex offenders' personal information on the internet. While this was originally intended to inform communities about offenders' whereabouts, certain states now disclose all of their private information.

While not all States require the public disclosure of sex offenders' addresses, some do (Ahuja, 2006, p. 3). However, laws aimed at convicted sex offenders can result in ostracism, harassment, and

violence against them instead of protecting children from sexual crimes. Reforms are necessary for community notification and federal and State registration, as well as the removal of residency restrictions, in order to uphold the basic rights of former offenders.

The legislation in place to protect children is inadequate and lacks careful consideration from the lawmakers. A more comprehensive and thoughtful approach is necessary for safeguarding children, but this has not been supported by officials. The country's leaders endorsed sex offender laws without proper research, relying instead on stereotypes and failing to address the complexities of sexual abuse against children. While registration and notification laws have been approved by legislators and their constituents as straightforward and effective ways to protect public safety, some legal commentators have raised concerns about these laws infringing on the privacy of released sex offenders and hindering their ability to rebuild their lives.

According to Parents For Megan’s Law (n.d.), convicted sex offenders and certain human rights advocates contest the constitutionality of community notification, which they have now brought before the Supreme Court of the country. The attorneys for the offenders argue that online registries of sex offenders are made freely accessible to the public without any restrictions on who may view them, which poses a risk to former criminals in that individuals may improperly and unlawfully act on this information as stated by Human Rights Watch (2007, p.).

Despite potential concerns about privacy, the United States Supreme Court firmly upheld the validity of Megan’s Law as a significant victory for the country’s children, prioritizing their safety over the rights of sexual predators who target the most vulnerable members of society. Although the Constitution was

established to safeguard all individuals, including offenders, the framers never intended for the offender’s rights to supersede those of minors. While privacy is not explicitly guaranteed by the Constitution, adherence to community and notification measures should be unequivocally enforced and able to withstand any challenge. While it may seem unfair to impose strict regulations on individuals with sexual abnormalities, it is far preferable to penalize a single perpetrator than to leave numerous children exposed to the threat of sexual violence. While notification and registration requirements may have an impact on reformed sex offenders’ lives, their safety measures are necessary to protect innocent children from potential harm.

Despite the privacy interests of sex offenders, the safety and rights of society as a whole must be prioritized. Criminals lose certain rights, such as the ability to possess firearms or vote, and may face other civil disabilities due to their convictions. The state's duty to protect its citizens through community disclosure is paramount, and notification and registration are lawful civil disabilities resulting from criminal behavior. These laws are crucial for public safety and must be effectively implemented. Therefore, rather than trying to predict dangerousness, the government should provide straightforward accessible information to enable the public to take necessary safety measures.

Sexual offenders cannot avoid detection due to the threat they pose to communities. Even if offenders move on after being punished, the trauma they cause for victims can last a lifetime. Some argue that community notification is an excessive punishment, but it serves as a warning to future offenders and prevents them from imposing a lifetime of condemnation on victims and their families. Additionally, registering and notifying the community about

offenders enhances public safety, allowing communities to monitor discharged offenders and be vigilant about their activities.

As a result, it is important for communities to be given the authority to take control of their neighborhoods and prioritize their entitlement to dwellings that are secure and safe.

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