Is Megan's Law Constitutional or Even Effective?

Breaking Down Megan's Law from a Constitutional and Effectiveness Standpoint

By Travis Dahle, published Aug 29, 2007
Published Content: 61  Total Views: 40,161  Favorited By: 2 CPs
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Politics are an interesting phenomenon. A topic that has never been an issue before can all of the sudden be brought into the spotlight that is our political system. Megan's Law was such an issue. In the mid 1990's, a girl was abducted and raped by a convicted sex offender that had moved into the neighborhood. People were horrified, how could a sex offender move into the community without anyone knowing about it? The families lobbied their state to get a law passed that would make it mandatory for sex offenders to register with local police, and then when they moved into a community, the citizens would be notified. This law was given the title "Megan's Law" named after the girl who was abducted. The issue has since gone to a national level, and now the federal government is requiring all fifty states to enact some type of legislation that deals with Megan's law (Menedez, 251). But is registration constitutional? The Supreme Court isn't so sure, and other courts have yet to agree on the subject. In today's paper, we will examine the laws of registration and notification of sex offenders, and their constitutionality. It is the contention of this paper that having sex offender's register and then having communities notified of their presence is an additional punishment that only convicted sex offenders must face, and that the law should be struck down.

Takeaways
  • Megan's Law
  • Constitution
  • Sex Offenders
Did You Know?
Megan's Law makes no distinction between different types of sexual offenders. Shouldn't there at least be some type of distinction between them, or should we consider them all to be the same level of danger.
Comments
Showing Comments 1 - 7 of 7
 
 
Why don't murderers and drunk drivers register? Do people ever stop to think that some people who are given these labels may have been falsely accused? This is the crime of the time, the modern witch hunt. Anyone accused of this is assumed guilty and has to try to prove their innocence, a crime our country and citizens are commiting. My husband is in prison based on nothing more than an accusation. The teen girl who made the accusation refused to have a medical exam. She had an agenda and her family did too. Her non-bioligical father wanted custody of her and she wanted to live with him but her mother wouldn't allow her to move. Her aunt wanted custody of her son who is my husband's child, but he had already gained custody through the courts. Well, now this girl lives where she wants to and her aunt has custody of my husband's son. Something that would not have happened if this allegation wasn't made. Don't be so quick to judge people until you walk in their shoes. Kid's do lie.

Posted on 07/16/2008 at 6:07:01 PM

 
I understand where you are coming from Amy, being a parent I would love to know if there is a sex offender living nearby, but as Joyce states, the law doesn't make a distinction between someone who was 18 and had sex with a 17 year old and was charged by the 17 year old's parents and is therefore serving a life sentence. I'm not for the rights of sex offenders, but our constitution says we should only be punished once; we single out this population because of emotion, nothing else. Why don't we single out people who have committed armed robbery or breaking and entering? That was my point.

Posted on 09/21/2007 at 1:09:00 PM

 
IT IS VERY UNFAIR TO ASSUME ALL PEOPLE WHO HAVE A SEX OFFENSE AGANIST THEM, ARE CHILD MOLESTERS, WHAT HAPPENS WHEN YOU HAVE 20 YEAR OLD CASES INVOLVING YOUNGER GIRL FRIENDS, THESE PEOPLE HAVE NO RE-OFFENSES IN 15 TO 20 YRS. THEY SHOULD NOT HAVE TO SERVE LIFE SENTANCES. THE LAW IS UNFAIR WHEN EVERYONE IS JUDGED BY IT. I DISAGREE WITH PARTS OF THIS LAW, IT SHOULD ONLY APPLY TO REAL OFFENDERS, AND HIGH RISK OFFENDERS, THE LAW KNOWS WHO THEY ARE. YET WE PUNISH EVERYONE.

Posted on 09/21/2007 at 8:09:00 AM

 
In all honesty, convicted child molesters should be chemically castrated.

Posted on 09/13/2007 at 12:09:00 PM

 
I am the author of the article "Sex Offenders Have the Right to Privacy" which was cited by the author of this article. Please keep a few things in mind: My article was merely a journaled opinion in a college newspaper and was only meant to stir open and thoughtful dialogue on the topic, albeit in a somewhat provoking manner. The theme of my article echoes Erik's thoughts here, which is that the issue of public safety is paramount. By releasing dangerous, unrehabilitated offenders (murderers, rapists, etc.) into the community and simply exposing their identities, we are doing nothing to ensure the safety of citizens and we are letting our democratic ideals go unsatisfied.

Posted on 09/10/2007 at 3:09:00 PM

 
I find it unbelievable that the majority of your argument is for the privacy rights of sex offenders! Don't you think that, when a person chooses to violate some of our most intimate privacy rights, that their privacy should be the least of our concerns? I can't think of anything more private to a person, especially a child, then what a sex offender violates when they act. It's at that moment that our consideration for their privacy should become a non-issue and the protection of our children and loved ones innocence should be our utmost concern. If it's purely singling out sex offenders that is the issue, make it a list of convicted felons. Anyone who has made the choice to commit such acts has already exhibited disregard for the laws this country and the privacy of others. Concern for the privacy of these people should be the least of our concerns.

Posted on 09/06/2007 at 9:09:00 PM

 
The root of the problem is that sex offenders are released in the first place. If someone commits rape or molests a child, the only realistically appropriate punishment should be death or life in prison. How does it benefit society to have them serve 2 years and then turn them loose? Of course, the idea that it is cruel or unusual, or otherwise unconstitutional, to notify a community when a dangerous criminal is released is absurd. Given that they're released in the first place, the community should be notified of anyone who has committed a crime which suggests a potential danger to the community.

Posted on 08/30/2007 at 11:08:00 AM

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