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Recommended: Megans law
My Megan’s law in Tennessee is TCA code 40-39-217 (Community notification system). This statute is what legally allows the Tennessee bureau of investigation, a sheriff, or chief of police to notify the community when a sex offender is integrated into that particular jurisdiction. This is a state law that meets the political characteristics, as it’s a justifiable source of criminal law (Bohm & Haley, 2011). Specificity is present in the statute as it explains in great detail the requirements to implement the notifications of a sex offender (Bohm & Haley, 2011). For example, this law states very specifically that the legislative body of a county, municipality or metropolitan government can apply this notification system with a 2/3 vote.
The petition stated that a state law be passed informing the citizens of their community that such people live amongst them. This isn’t a rare request. In fact, there have been numerous attempts to bring this law into affect. This should have been done from the beginning, but some people actually think these sex offenders have rights. Well, the people of Hamilton Township didn’t agree.
The following research will display an overview of the process in Texas on how sex offenders are registered along with the notifications that are followed after registration. Texas, as many other states, has a procedure which requires sex offenders to register with the local law enforcement agencies at the time of their discharge. In addition to registration, they must also comply with further probation regulations. Research has concluded that there are four basic phases of registration and notification. Beginning with offender notified, following the offender registration and community notified and ending with public notification
Saunders states that Rape Shield laws are in place to protect victims of sexual assaults and rapes during a criminal trial. They prevent defendants to bring fourth evidence of the victim’s sexual history, orientation or past relationships (Saunders, 2014). Rape can be a very emotional and embarrassing ordeal; it’s very private and personal and can be hard to deal with for years to come. As with many victims of crime especially sexual offenses there are advantages and disadvantages to each new law that is implemented. This paper is designed to analyze the advantages and disadvantage of the Rape Shield Laws.
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.
Trafficking Victims Protection Act clearly defines the terms, communities have struggled in how to address those victims in relation to immunity. According to Dysart (2014), those with the perspective that children who are prostituted are delinquent will inadvertently re-victimize, which is not congruent with federal and state laws that have been put into place to offer protections. This mindset proves to be a barrier to the rehabilitation and progression of child victims. Due to the negative thought processes, the Attorney General has sought distribution to personnel best methods and practices in addressing victims of minor sex trafficking that is directly connected to grants for assistance in strengthening progressive programs (Dysart, 2014).
Rape Shield Laws Facing with much criticism from women’s group with the legal definitions of rape and how rape cases are being processed in the legal system, the government is forced to pass a Rape Law reform in the 1970s. Rape law reform urging courts to treat rape case the same as other crimes, rape law reforms modified traditional rape laws and ratified evidentiary reforms in every state in the United States. The most common and widespread changes occurred in three areas. First, rape was redefined so that there was no longer a single crime of rape.
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).
The Author of, To Have and To Hold: Marital Rape Exemption and the Fourteenth Amendment, first explains the history of why in the earlier days marital rape was not considered rape. There were certain traditions that are concluded in the article, where women, traditionally gave up their “identity” and replaced it with their husbands. Having taken their husbands identity, they became property of their husbands. I understand the reasons why women had no voice in society many years ago because society was not developed to have women part of it, but for my inquiry paper I can use this information as an advantage. I will
In the United States approximately 397,122 children are living without permanent families in the foster care system. Many of these children grow out of the foster care system and are not prepared with the skills and abilities to face real world problems. The situations that most of these children get into, end chances they have at living a normal life. For most of these children they just want to be like the other kids they know from school, have a home to go home to in the evenings and enjoy spending time with family. This brings up the case Roe vs. Wade. The case against abortion resulted in the legalization of abortion in the first trimester of pregnancy. The decision in Roe vs. Wade was correct as it defends women’s rights. Women have the
Perception is not reality. The common assumption that the court system often treats female sex offenders differently than male sex offenders, the punishments of female sex offenders are more lenient than men who commit the same types of crimes, and the differences between male and female victims are all perception and not reality. Objective considerations to additional factors make the perceptions baseless. These additional factors solidify the factual differences between male and female sex offenders.
This paper will assess arguments that scholars, especially Catherine MacKinnon and Reva Siegal, offer in support of the view that the doctrine of equal protection is superior to the Supreme Court’s doctrine of privacy related liberty as the constitutional basis for abortion rights. The United States Supreme Court held in Roe v. Wade that the right of privacy also includes a woman’s right to get an abortion. Abortion policy implicates women’s privacy and equality (Seigel 1992). A constitutional analysis of abortion that draws on the language from the Fourteenth Amendment of “liberty” and “equal protection” would work well with the reality that many of the key concerns behind what personal privacy arguments are like. I think
Although they may be out of jail, they cannot be considered free. They are unable to make their own decisions: where they can work, where they can live, and how they can live their lives are all under control of the government. These people look the same as everyone else, but underneath the mask, lay a title they cannot shake. These people are sex offenders. A sex offender is defined as anyone who has committed a sexual crime. These crimes range from serious crimes, like rape, to minor offenses, such as urinating in public, or under age consensual sex. All sex offenders are placed on the registry and are required to follow a careful protocol. Registered sex offenders are paired with a Community Corrections Officer (CCO) who oversees and supervises the offender's actions. Many restrictions are placed on the offender, and although the laws can vary from state to state, there are some basic restrictions that apply to every offender. Some of these restrictions include: a sex offender cannot move without the permission and approval of their CCO, they can only live and work in certain areas, they cannot own any firearms, their personal computers are monitored and controlled by their CCO (many websites are blocked, including pornographic content), they are not allowed to take or consume any mind altering substances such as drugs or even alcohol, and they are required to get regular counseling (“Rules”). Currently there are 747,408 registered sex offenders in the United States. Some states such as Delaware and Oregon have a higher concentration of sex offenders (500 per 100,000) where as Pennsylvania has the lowest concentration of sex offenders (94 per 100,000) (“Sex Offender Statistics”). Due to the inefficiencies ...
Martin, R. (1996). Pursuing Public Protection Through Mandatory Community Notification of Convicted Sex Offenders: The Trials and Tribulations of Megan's Law. The Boston Public Interest Law Journal, Vol. 6, Issue 29
The acts that are considered Tier III are: any new offense perpetrated by a Tier II sexual offender, most sexual assaults, sexual acts where force was used on the victim or the victim was under duress, sexual acts where the victim is rendered unconscious or impaired through the use of drugs or alcohol, sexual acts where the victim is under the age of 12, sexual acts where the victim is unable of consenting to the act due to mental impairment or disability, sexual acts where the victim is unable to physically decline the act, sexual acts where the victim communicates their unwillingness to participate in the sexual act, and any plans to commit or attempt to commit any of the above” ("What is a Registered Sex Offender?"). Once you become a sex offender your life is swept beneath you. Every single movement is watched and alerted, such as “if you are a local sex offender and you move into a new home in a new community the police notify the public and/or if they think the offender poses a risk of reoffending” (Dirr). The worst case scenario would be if you knew you lived next to a sex offender, but you did not know if they peed at your