Megan’s Law: Protection or Invasion of Privacy
The controversy over Megan’s Law has always been about the invasion of privacy of past sex offenders who must register with local authorities who make the information available to the public. There are different mediums of which the information is disclosed, the internet being a hot topic of the on-going argument. Megan’s Law was placed with the intentions of protecting communities from convicted sex offenders committing more crimes.
In 1994, seven year old Megan Kanka of New Jersey was sexually assaulted and murdered by her neighbor who had previously been a convicted sex offender. Her parents had been unaware of his past crimes. The brutality of this crime helped provide the case of mandating registration of past convicted offenders (jrank.org). During former President Bill Clinton’s presidency in 1996, he had signed legislation that required states to adopt the statutes of Megan’s Law (EPIC).
This allowed states to use discretion in establishing which information is disclosed, and compels them to make information that is both private and personal available to the public. This information is said to assist law enforcement in investigations, establish legal grounds to hold known offenders, discourage sex offenders from committing new offenses, and offers information to use to protect children from victimization (www.about-megans-law.com).
Opposition however fights that though the intent of Megan’s Law is to protect the community, some states have published offender information where anyone can access. This access can lead to “witch hunts” by parents, students, etc. showing how the law has backfired (Repeal Adam Walsh Act Laws!).
The basis of the law was meant for communities...
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...privacy is no different from offenders of different crimes losing rights such as that to guns, and the right to vote. Megan’s Laws have helped with awareness and protection of children from being victims.
Works Cited
Biskupic, Joan. "High Court Upholds 'Megan's Law' in Controversial Decision - The Tech." The Tech - MIT's Oldest and Largest Newspaper. Web. 04 Nov. 2011. .
"EPIC - Smith v. Doe." EPIC - Electronic Privacy Information Center. Web. 11 Nov. 2011. .
"Megan's Law-Further Reading." Web. .
Oakes, Susan. "Megan's Law: Analysis on Whether It Is Constitutional To Notify The Public Of Sex Offenders Via The Internet." Journal of Computer and Information Law. Web. 4 Nov. 2011. .
The Adam Walsh Child Protection and Safety Act of 2006 was established because an American boy was abducted form a Florida shopping mall and was later found murdered. The act was signed into law by George W. Bush on July 27, 2006. This act is established to protect children from sexual exploitation and violent crime to prevent child abuse and child pornography to promote internet safety. This act is also known as the sex offender registration and notification act. It was established with the intention to strengthen laws related to child sexual predators. This law was instructed for each state and/or territory to apply criteria’s for posting offenders data on the internet.
Although marital privacy (and later personal privacy when Eisenstadt v. Baird, 1972, extended the rights to unmarried persons ), was at the heart of this ruling, there are many other compelling arguments in ruling this law unconstitutional. To examine these other points, including; freedom of speech/ press, right of association, privacy of the person, due process of law and the violation in restricting education, we must first have an basic understanding of the case itself.
In 1994, twice-convicted sex offender Jesse Timmendequas raped and murdered Megan Kanka, a seven-year old girl who lived across the street. In reaction to this emotionally-charged crime, Megan's home state of New Jersey ratified a community notification bill - dubbed "Megan's Law" - just three months later. This fall, a national version of the law went into effect, mandating that all fifty states notify citizens in writing of the presence of convicted sex offenders within their communities. Certainly, society has a responsibility to protect children from sex offenders, and many feel that Megan's Law is the best course of action. However, others feel that it is an unwarranted intrusion into the rights to privacy of individuals who have already paid their debts to society.
Sex offender notification laws have been among the most widely discussed and debated criminal justice policy issues in recent years. Numerous studies have been conducted on various views of sex offender notification laws. A vast majority of these studies have mixed research, some showing that sex offender notification laws are more beneficial than harmful and should continue, and others showing the exact opposite. Reasons such as public safety, the fear factor, and the hope for future recidivism to go down are some examples of why many believe that sex offender notification laws are beneficial to society. Others believe that such laws are a continuation of punishment for those who were convicted of a sex offense.
The federal Megan’s Law established three specific conditions. The first condition required information from state sex offender registries to be distributed publicly so that all community citizens have access to it. The second condition required any information collected by registration programs within the states to be released for any reason given that it is allowed under the state law. Finally, the third condition required local and state law enforcement agencies to release all applicable information from state registration programs needed for the protection of the public (Corrigan, 2006, p. 271).
Ever since the bill for having a Canadian Sex Offender Registry was passed, in December of 2004, it has been a heated debate in many boardrooms across the country. On the one hand, there are the defence attorneys deeming it slightly mentally damaging and unnecessary for their client(s). On the other side of the coin, there are the individuals claiming it to be a great idea if used in the correct manner. A sex offender registry is only useful when used correctly, with updated and accurate profiles, while remaining conscious of charter rights.
Sex offender legislation has been encouraged and written to protect the community and the people at large against recidivism and or to help with the reintegration of those released from prison. Nevertheless, a big question has occurred as to if the tough laws created help the community especially to prevent recidivism or make the situation even worse than it already is. Sex offenders are categorized into three levels for example in the case of the state of Massachusetts; in level one the person is not considered dangerous, and chances of him repeating a sexual offense are low thus his details are not made available to the public (Robbers, 2009). In level two chances of reoccurrence are average thus public have access to this level offenders through local police departments in level three risk of reoffense is high, and a substantial public safety interest is served to protect the public from such individuals.
Palmer, Gary. “Roe V. Wade Exposed. 22 Jan. 2003. Alabama Policy Institute. 31 July 2004. < http://www.alabamapolicyinstitute.org/gary-2003-1-22.html>.
Reconsidering Match.com’s Sex Offender Ban Introduction For an article to be persuasive to its audience, then all the three rhetoric appeals must feature in it. All the three rhetoric appeals or styles of persuading an audience, namely, logos and ethos as well as pathos are demonstrated in the various passages from this article as discussed. Logos (Logical Argument) Tracy, the author of the article, demonstrates the ability to present the claims logically, along with using the rhetorical approach to make inferences from the claims. In particular, Tracy uses rhetoric statements to infer that all sex offenders should not be lumped together in the event of banning them from the Match.com site as not all these registered sex offenders are high-risk predator.
Most people in society think they don't have anything to hide. Everyone has the Right to privacy in technology, medical, personal life and many more areas. Its all has been an issue, sense as far back as anyone can remember. Most people in society don’t realize that it’s a much bigger issue than what it sounds to be. As many of you may not know but the 14th amendment has been involved in may cases that had to do with the Right to Privacy.
Oakes, S. (1999). Megan's Law: Analysis on Whether it is Constitutional to Notify the Public
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