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The Societal Consequences of Sex Offender Registration Laws


With the high rise in the number of sex offenders who are also repeated offenders the Federal Government decided to impose laws requiring all convicted sexual offenders to register with the states in which they live. Although this measure is controversial, government officials are claiming that it is an increasingly effective method of avoiding re-offending in some of the most serious criminals. Sexual offenders are divided into two classes: sex "offender" or "sexual predator." Is this an invasion of privacy that the states and politicians have imposed upon someone who has served their sentence, or is this a legitimate measure of control for some of society's most dangerous offenders?

At some point in time, it became acceptable for the government to track former criminals; in requiring them to register as an offender, they are essentially tracking the criminal. They do nothing more than monitor closely their whereabouts, actions, friends, lifestyle, etc. How this came to be is quite scary, while it has occurred for a crime that fits the punishment, after all our children should be protected. It also comes with a price. That price that we pay is a largely complacent society that is apathetic to the erosion of individual rights. Individuals today do not remember or even consider the principals that the founding fathers of this country fought and died for. Our society has ingrained in the youth to be complacent and that it is ok to waive your rights when confronted with authority.

There is wide spread public support for sex offender registration laws. However, this can be what is described as a "slippery slope." Requiring that all sexual offenders register with their respective states opens the door for criminals of other crimes to be required to register. It is not a large leap to propose that convicted kidnappers must register with the local authorities. By opening the door to registration laws, it allows the governments to slowly start requiring everyone be registered for one reason or another. The public must remain vigilant and watch for additional registration laws. Those laws will be proposed. May not for a little while longer, but additional registration laws will be proposed.

Many feel that the laws for the sexual offenders are not stiff enough; they call for stricter punishments and heavier penalties for these most despicable of criminals. This comes from the side of people that wish to seek nothing more than revenge. At the same time, if someone commits a crime whom is sent for mental help, instead of jail they are not required to register. Their offenses are recorded differently, and their punishment is much easier.

The main goal of the program is to protect the interest of the children. An offender who is not guilty by virtue of a mental illness is not required to register. An offender whose charge was dismissed based on receiving psychatric help is not required to register. This can cause serious problems in terms of people not being registered that really should be registered as an offender. Nevertheless, how far is too far? In some states a conviction for certain misdemeanors will put somebody on the sex offender list. Some have suggested implanting the offenders with a microchip that would enable law enforcement agencies to track the offenders' movements continuously.

With this being talked about, what are the chances of this occurring for other crimes as well? What is the point of releasing someone from the judicial system if they are so dangerous that they must be continuously tracked? In Florida, the Jimmy Rice Act was implemented as a means to continue the confinement of a sexual offender under the pretext of mental health. As a woman, or a child how safe do you feel knowing that there are people surrounding you whom have been convicted of serious crimes against others? What about as a man, does this change your opinion? The requirement for registration causes social problems and victimization for those offenders, arguably justifiably, who have shown themselves to be dangerous. This has the knock on effect of altering the course of justice, given that these people will have served the appropriate sentence for their crime, and hopefully have progressed through the systems of rehabilitation in place.

There are some people who truly believe that the registrations processes should be removed, that once their time is served the offenders should be allowed to disappear back into the woodwork and free to live their lives without being under the public scrutiny. These are the people who are looking to have yet another law changed, that could have some very devastating effects on society, particularly for our children in the coming generations. What is clear is that there are registration requirements for a certain class of individuals. Hopefully, the legislatures or Congress will not use this small well defined area as a pretext for eroding the rights of more individuals.

The Law Offices of Daniel Rosenberg, P.A. is a criminal defense law firm located in South Florida. Mr. Rosenberg defends individuals accused of Sex Crimes, Domestic Violence, DUI and other serious criminal offenses. For more information, please call (954)354-0413 or visit http://drosenberglaw.com



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