Sex Offender Registration Requirements the Thesis

" Civil commitment statutes entail that a convicted sexual offender who has finished his or her sentence should be treated within a secure medical setting. This is not connected to a time frame, and such persons could be committed indefinitely, until it is determined that they are no longer a danger to society. When released from such a facility, the person is still required to register as a sexual offender.

Other policies include the residence restriction policy, where a registered sex offender is not allowed to live within 1,000 of any location where children may congregate, such as a school, playground, daycare center, and so on. This statute was first passed in Florida in 1995. This statute was applied in a further 14 states by 2004. After the murder of Jessica Lunsford by a sex offender in Florida, restriction measures gained popularity, and 22 states had passed similar laws by 2006. Other legislation includes lifetime electronic monitoring for sex offenders, GPS monitoring for paroled sex offenders, and other similar monitoring measures.

Most significant is perhaps the pending proposals to increase punishment for sex offenders. Some proposals, according to Biancuzzo, go as far as suggesting the death penalty for sex offenders when committing crimes of a certain severity.

All the measures mentioned above are implemented along with sex offender registration measures. The main argument for such registration is the safety of the public. However, clearly it is not successful in all cases, and serves only to humiliate and expose persons of whom many wish only to carry on with their lives as productive citizens. The main problem with all the measures mentioned above in terms of the Constitution is that it firstly does not distinguish between types of offense or offenders.Surely the severity of the crime should dictate the necessity of registration for public information.

Secondly, the punishment itself, concerning prison terms, often fails to fit the crime. There is no professional rehabilitation or monitoring within the prison system itself to ensure public safety. Registration, civil commitment, and other measures implemented once the prisoner is released by implication proves the inadequacy of the original sentence to suitably punish the crime. While the rights of the offenders are therefore violated to a certain level, the public right to safety and security is also violated by imposing inadequate sentences upon violent sex offenders. The constitutional right to privacy of sex offenders who have completed their sentences is violated in terms of privacy. Registration records are available to the public, regardless of whether the offender is completely rehabilitated. I believe that imposing more severe punishments will be far more effective to curb the problem of sex offenses in the country.

Sources

Biancuzzo, Dennis. Some things to consider in legislation for sex offenders law. 13 Aug 2008. http://blog.pennlive.com/harrisburgcrimewatch/2008/08/some_things_to_consider_in_leg.html

Filler, Dan. Sex Offender Registration (SORNA) and the Tenth Amendment. 17 June 2009. http://www.thefacultylounge.org/2009/06/commandeering-state-constitutions-sex-offender-registration-sorna-and-the-tenth-amendment.html

Mears, William. Fairness of sex offender registration laws argued before Supreme Court. 13 Nov 2002. http://edition.cnn.com/2002/LAW/11/13/scotus.sex.offender/index.html

Norton, Graeme. Letter to Mr. Gary Breitkreuz: Bill C-34 (An act to amend the Criminal Code and Other Acts). 3 Nov 2009. http://ccla.org/wordpress/wp-content/uploads/2009/11/2009-11-03-letter-to-SECU-re-Bill-C-34.pdf.....