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Who’s Right to Safety? Notification of Sex Offenders in the Community
The sex offender registry has been a topic of debates and formal studies since the Minnesota Sex Offender Registration Act was first passed in 1991 (Stevens, n.d.). Sex offenders across the country are being harassed and abused on a daily basis for the crimes they committed, were convicted for, and served their punishment for. Due to the sex offender registry giving out names, pictures, addresses, phone, numbers, vehicle information, as well as other personal information these sex offenders are being targeted in the homes and work places. Their families are also victims of abuse. In addition, the use of the sex offender registry has created blind spots in parents. They may
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become unable to see abuse that is occurring close to home. Alternatively, the use of the sex offender registry may be saving lives of potential victims.
Before the registry was enacted, sex offenders who lived in their neighborhood victimized adults and children and no one knew about their prior criminal history. In very public cases, it was brought to light that children were being abducted, violently sexually assaulted, and finally brutally murdered by sex offenders that should have been registered. Those children could have been kept safe and may still be alive today if the public knew the information about their attackers. Also the surviving victims of sexual abuse endure life long suffering in both mental and physical symptoms. In my opinion I think that families should have unlimited access to the personal information of the registered sex offenders regardless of the privacy rights of those sex offenders. I will discuss both the sex offender’s rights as well as the right to …show more content…
safety deserved by the people of those who want to keep their families safe. Violated Rights and False Sense of Security Created by the Sex Offender Registry There are many arguments that are well studied and documented as to why the sex offender registry should not be in use today in the United States. Continued Punishment: First and foremost, placing sex offenders on a national registry can be seen as further punishment and can violate Double Jeopardy, the Ex Post Facto Bill, and Cruel and Unusual Punishment bans in the constitution (Logan, 2003). Once a sex offender is convicted and punished they should be able to live the rest of their lives in peace, although when placed on the sex offender registry they face constant, continuing punishment, which goes against many state and federal constitutions and laws. Harassment and Abuse: To illustrate, it has been researched that the use of a sex offender registry leads to harassment and abuse of the sex offenders. For example, a study conducted between 2005 and 2006 and released in 2013 included in depth interviews with 24 convicted sex offenders who were on the sex offender registry. The study began when 232 male sex offenders were mailed letters that explained the purpose of the study and asked the sex offenders to participate in face-to-face interviews. After receiving the responses only 11.9% of the total participants elected to participate. Eventually, the study concluded that 83% of the sex offenders reported being harassed and assaulted by members of their community at home and work. Several of the sex offenders reported that degrading comments were made directly to them as well as being said while the sex offender was not present. Others alleged that their neighbors intentionally threw trash on their lawn. Additionally, cars driving by would honk their horns and yell profanities such as “Sex Offender” or “Pervert” out the window (Worley, R. M., & Worley, V. B., 2013). Furthermore, these sex offenders are also being forced out of their homes by the other residences; one of the sex offenders reported that after his name had appeared on the registry that the other residence filled a petition to have him evicted from their subdivision. That sex offender is still fighting with his homeowners association to remain at his residence (Worley, R. M., & Worley, V. B., 2013). Family members of these sex offenders also reported being harassed; the mother of one of the sex offenders was harassed at her work place after her son appeared on the sex offender registry. The sex offender stated that two teenagers taped copies of his sex offender registry photo to his mother’s car while she was at work. Additionally, other sex offenders reported that people would tape copies of their sex offender registry photo to their mailbox. Some of the sex offenders claimed to have the windows of their homes smashed with rocks. They stated that the police did not pursue an investigation because none of the neighbors could corroborate their story. Also, one of the sex offenders claimed that due to him appearing on the sex offender registry that he was assaulted. His statement to the police read “Three of my former coworkers came on my property and assaulted me. I suffered a concussion and had a fractured skull. By the time I got to the emergency room, I was also urinating blood. During the scuffle, I was stabbed by one of the son of bitches, and the D.A. tried to pin it on me with aggravated assault with a deadly weapon. Fortunately, the grand jury gave me a no-bill.” (Worley, R. M., & Worley, V. B., 2013). When the sex offender was asked why he didn’t press charges on the assailants he said he did not want to testify in court because his criminal history would come out. Violated Privacy: Furthermore, sex offenders who register also face their right to privacy being violated.
Two of the sex offenders from the Worley study reported that during Halloween they are told by law enforcement to not answer the door or have outside lights on. Also, local television networks broadcast their picture to warn others of their sex offender status. This then leads to much embarrassment and shame, having their picture televised every year (Worley, R. M., & Worley, V. B., 2013). Today, anyone with Internet access can view and search the sex offender registries and this leads to the direct violation of privacy of these sex offenders. Not only are they tormented but their family members are as well. Their children are bullied at school and their spouses may be forced to quit their jobs (“US: Sex Offender Laws May Do More Harm Than Good,” 2007) As discussed earlier, the sex offender faces harassment and abuse constantly when they are placed on the sex offender
registry. False Sense of Security: Moreover, the use of the sex offender registry may lead to a false sense of security, by viewing the sex offender registries it may lower a parent’s vigilance in monitoring a child’s contact with friends and family members who are more likely to commit sexual offences than strangers (Quinn, Forsyth, & Mullen, 2004). According to the Center for Sex Offender Management, approximately 60% of boys and 80% of girls were sexually victimized by someone they know or someone the family knows (CSOM Publications,” 2012). By thinking that the only sex offenders present are the ones registered can lead a parent to have tunnel vision when their child is spending time with others. This can lead to a parent not being able recognize that sexual violence is occurring in their own home because they are so worried about the sex offender down the street.
This essay begins with the introduction of the Risk-Needs-Responsivitiy Model which was developed to assess offending and offer effective rehabilitation and treatment (Andrews & Bonta, 2007). The R-N-R model “remains the only empirically validated guide for criminal justice interventions that aim to help offenders” (Polashek, 2012, p.1) consisting of three principles which are associated with reductions in recidivism of up to 35% (Andrew & Bonta, 2010); risk, need and responsivity. Firstly, the risk principle predicts the offenders risk level of reoffending based on static and dynamic factors, and then matched to the degree of intervention needed. Secondly, the R-N-R targets individual’s criminogenic needs, in relation to dynamic factors. Lastly, the responsivity principle responds to specific responsivity e.g. individual needs and general responsivity; rehabilitation provided on evidence-based programming (Vitopoulous et al, 2012).
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
Megan's Law - Protection More Important than Privacy? 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 sexual offenders, and many feel that Megan's Law is the best course of action.
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.
In the event that a prisoner (particularly a sex offender) does complete rehabilitation, he carries with him a stigma upon reentering society. People often fear living near a prior drug addict or convicted murderer and the sensational media hype surrounding released felons can ruin a newly released convict’s life before it beings. What with resident notifications, media scare tactics and general concern for safety, a sex offender’s ability to readapt into society is severely hindered (554). This warrants life-skills rehabilitation applied to him useless, as he will be unable to even attempt to make the right decision regarding further crime opportunities.
The United States of America has always supported freedom and privacy for its citizens. More importantly, the United States values the safety of its citizens at a much higher level. Every year more laws are implemented in an attempt to deter general or specific criminal behaviors or prevent recidivism among those who have already committed crimes. One of the most heinous crimes that still occurs very often in the United States is sex offenses against children. Currently, there are over 700,000 registered sex offenders and 265,000 sex offenders who are under correctional supervision. It is estimated that approximately 3% of the offenders who are currently incarcerated will likely commit another sex-related crime upon release (Park & Lee, 2013, p. 26). There are several laws that have been in place regarding sex offenses for decades, including Megan’s Law which was enacted in 1996.
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.
Mary Babb was in her SUV last year when her estranged husband slammed into her with his pickup truck. The crash overturned Babb’s vehicle and left her suspended upside-down by her seat belt. As she hung there helplessly, Thomas Babb fired two rounds from a shotgun, killing his wife in front of horrified witnesses outside the office where she worked. Babb had filed for divorce and moved out just before her death. She changed jobs and obtained a court order protecting her from her husband. But he kept following her. According to her family, she did everything the law provided her, and it wasn’t enough. These are just two examples of convicted offenders and that sometimes the law is just not enough. In 1995, Iowa passed the Iowa Sex Offender Registry Law. Any person convicted of a criminal offense against a minor with a sexual element, an aggravated offense with a sexual element, a sexually violent offense, or any other relevant offense in Iowa, or in any other state, or in any federal, military, tribal, or foreign court, must register as a sex offender. As of August 1st 2005, there were 6,004 people on the sex offender registry. A person who is required to register as a sex offender and whose underlying criminal offense was committed against a minor is prohibited from residing within 2,000 feet of the real property comprising a public or non-public elementary or secondary school or a child care facility. A sex offender who resides within 2,000 feet of a public or non-public school or child care facility commits an aggravated misdemeanor. BUT, an offender who had an established residence prior to July 1, 2002, resides within 2,000 feet of a newly established school or child care facility does not violate the restriction (Iowa - A Taliban State). So, you could have a twice convicted sex offender living next to you and your family. What good is the law then? Since this new law came into effect, registered sex offenders have became less and less. Not because they’re not committing the crimes, but because they’re not registering. Out of the 6,000 offenders in Iowa, over 500 of them are listed as “unconfirmed whereabouts.” It has forced many of the offenders to become homeless, or sleeping in their cars or trucks (Davey). National surveys have shown that about one-fourth of all sex offenders who are on the streets have moved, failed to report new addresses to police and eluded detection.
Sex offender legislation has become a controversial topic in the recent years. There have been numerous laws enacted in response to sex offender crime. Do these laws really work to help minimize re-offending, or do they give the public a false sense of security and cause recidivism? In a several studies researchers found no evidence of sex offender registries being effective in increasing public safety. Some studies have found that requiring sex offenders to register with law enforcement may significantly may reduce chances of recidivism. However, the research also found that making registry information available to the public may back fire and lead to higher levels of overall sex crimes
The government made the registry with good intentions but it has backfired and only created more victims and more discrimination overall, and that is why it should be abolished. The citizens that are on the sex offender registry have already been punished for their crimes and have dealt with the consequences of their actions, there is no reason that they should continue to be punished for the rest of their lives.
In today’s society, juveniles that commit a sexual assault have become the subject of society. It’s become a problem in the United States due to the rise of sexual offenses committed by juveniles. The general public attitude towards sex offenders appears to be highly negative (Valliant, Furac, & Antonowicz, 1994). The public reactions in the past years have shaped policy on legal approaches to managing sexual offenses. The policies have included severe sentencing laws, sex offender registry, and civil commitment as a sexually violent predator (Quinn, Forsyth, & Mullen-Quinn, 2004). This is despite recidivism data suggesting that a relatively small group of juvenile offenders commit repeat sexual assaults after a response to their sexual offending (Righthand &Welch, 2004).
The lack of opportunities to secure housing and employment and loss of family and friend support are all consequences of community notification. More than one third of registrants surveyed in a study reported they had lost a job, been denied a place to live and been harassed and treated rudely in public as a result of public knowledge of sex offender registers. Offenders are more likely to be driven underground when they are unable to secure employment or a place to live due to their status on the sex offender register. Employers are less likely to employ a sex offender due to fear of losing business from an informed public. These issues on top of the stress of being released from prison and trying
In the United States there are 747,000 registered sex offenders. (Snyder) While most sex offenders are male, sometimes sex offenses are committed by female offenders. Sex Offenders who are released from incarceration are required to register in the sex offender registry. The sex offender registry is a system in various states designed to let government authorities keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. (Wikipedia) Even if the offender has done their time they are still required by law to register, making it hard for the offenders to leave their past and return to everyday life. My paper will make you ask yourself should all sex offenders be required to register or are they deserving of a new path.
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