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Utah sex-registry law challenged
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If the people in charge of enforcing a law don't apply common sense, then the law needs to go.
He is a loser and that is why we have the law. We want to keep our kids away from him. Geez!!!
Also, criminal records are public records. I don't think I would have a problem with a government or private company trying to keep track of these people and post their info (subject to liability for errors). My objection is to criminalizing the individuals for failing to do this work for the state by registering.
Mahershalalhashbaz: What do you know about this particular case? All we know is that he was in the Air Force and had sex with a minor, how do we know he wasn't some 18 year old kid who had sex with his 17 year old girlfriend? (Although the way it was worded implies otherwise). My point is that everyone sees the words "Sex offender" and they want maximum punishment without understanding what the case actually was.
The "Oh no, think of the children" meme is getting tiresome. If you are worried about your kids on myspace, teach them to think about what they are doing while on myspace. It isn't the governments job to take care of our children.
I know a person in Utah who was interrogated by the police for 5 hours and forced to confess to something he didn't do. Yet, the evidence of that coerced confession was admitted. His attorney told him that if he was in any other state he had a strong chance of winning; but in Utah County, and in Utah, he didn't have a chance, that he should plea bargin. He did and now he's in prison. After reviewing the case, it would be obvious to any lay person that a miscarriage of justice has occured. And I don't think his is an isolated case. Suffice it to say, that in the self-righteous state of Utah, accused sex offenders are guilty from the start and can rarely prove their innocence.
I am all for the registry. I realize that most true sex offenders are ill and addicted. But, there must be limits to what we allow our government to do. The Constitution must be our standard!
DO YOU HAVE KIDS?
THINK!
If you commit it and are proven guilty without a reasonable doubt then i agree . your right there are those wrongly accussed and coherced but if they arent then they should be stripped of all rights!
and my opinion with your comment is that you dont have kids so you dont worry about the offenders do?
The court is taking up the question of whether or not it is constitutional to mandate that citizens convicted of certain crimes turn over certain pieces of personal information. The reason the court is doing this is to examine if such a law amounts to ex post facto punishment ("after the fact"), generally--but not universally--prohibited by Supreme Court precedent and the "due process" clause of the 14th Amendment.
And that's it. This is an article about the courts and the Constitution, which are exorably tied together. So put your pitchforks and torches away, head on back to the haystacks.
From the moment the sex-offender registry appeared I sensed the injustice in it. We do not have registries for any other group of criminals, although we could try to justify registries for all kinds of criminals using the same arguments.
Finally, the registry helps no one. Since the registry appeared there hasn't been ONE story in the local news about someone who has been directly helped by it. Yet there are numerous stories about the harm the registry does - and not just to ex-offenders who carry the unfair punishment. The registry brings out the worst in many of us - voyeurism, suspicion, spying.
The courts would do us a big favor by striking down the registry altogether.
Personally, I think the "registry" is shameful. There are people I know who are on there, one of them for sex with his separated wife, who claimed "rape" after the fact so that she could get custody of the kids. As has been pointed out there are people on there who are 19 years old, having been convicted of having sex with a 17 year old, consensual, but the father objected (understandably). This whole thing is a mess.
First, now days, I trust the police about as far as I can throw them. They could care less about your rights or innocence - all they want to do is nail you. In order to bring closure to an open case, I have no doubt they'd plant false information on the website, or computer for that matter, of a registered sex offender.
Secondly, I have a request of you. Publically post here, your SSN, all your bank account information, home address, phone numbers, employer, personnal e-mail accounts and passwords. Then afterwords, tell me how you feel about that. Do you honestly think that it's sacred, that ALL of us would only use your information with integrity and good intentions in mind?
Don't you see the path this takes us down? Your first mistake is trusting the government in the first place! Read the Constitution and the Bill of Rights. That's why we have the right to bear arms. These documents are for the purpose of "potecting" is from our government.
Our system is clogged as it is. Witch-hunting is what this boils down to. The posters who are afraid and want more justice served once justice has already been done equate to peasants with pitchforks and torches wanting vigilante justice.
People do deserve a second chance, not ALL sex offenders are unrehabilitatable, you just all assume they aren't and start casting stones.
On the other hand, there are sexual predators out there. There are cases where sexual predators have been arrested, served time, been released, and done it again. The sex offender registry is meant as a compromise that lets these people not serve life sentences but still provides some protection against predators.
The problem is that the registry doesn't make this distinction and seriously harms the lives of people who've paid their debts, possibly repented, and are probably now just like you and me. So the sex offender registry needs to only apply to sexual predators.
cool1krm: I wouldn't allow them on myspace for anything. Even the liberal news media has come out and said that you shouldn't allow your kids on there.
I also know 5 sex offenders that have NEVER reoffended. Like Lark said, they were first time offenders and 1 was with a girl he had been set up with by her mother (he thought she was over 18).
There are many who are falsely accused. Many who just made an error in judgement. Yes, there are those who are preditors and they should be held to a 2 strike rule. But for those who are falsely accused or are on the registry for taking a leak in their own backyard, this goes too far.
If you are so worried about a sex offender "meeting" your child on myspace then maybe you ought to take some responsibility and get your child into something else rather than the internet.
I will pray for those of you who have the pitchforks and oil. What goes around comes around. None of you are dead yet. Someday, somehow this too shall touch your lives. A father, son, brother, friend. Maybe even you.
Having paid with 15 years of life doesn't necessarily translate into 15 years of penitence and reform.
That said, I do feel for those who have committed a crime and changed. I can't imagine how hard life will be for someone who has had a real change of heart but must now enter any future human relationship as a "registered sex offender."
However, I'm not sure as a society whether or not we should cater to the needs of those individuals so long as our prison system is not meant to rehabilitate, or to insure that inmates who leave are "fixed."
And seriously, no rights if you're a sex offender? Remember the Declaration of Independence: "all men ... are endowed by their Creator with certain unalienable Rights"? If you ignore the founding fathers and decide certain criminals get no rights, which ones? If the whole spectrum of sex offenders, from child molesters all the way to two adolescents succumbing to temptation are stripped of every right, who else? The geek who cracks passwords? The woman who can't resist shoplifting? The illegal immigrant who was brought here at age one? The guy with a speeding ticket?
But I have a real problem with the sex registry. Why don't we have a thief registry, or murderer registry, or meth-using mom registry?
Your next door neighbor could have beat his child to death served a sentence for first degree murder, then made parole and as long as he didn't sexually assault the kid you would never know unless you do some real digging. But if the guy is found guilty of exposing himself then the whole world can know...forever.
Is the sentence for a sexual crime truly a life sentence? I submit that appearing on a registry for the rest of your life is a life sentence and could fall into the realm of cruel and unusual punishment.
What about the right to life, liberty and the pursuit of happiness? All of you on your high horses who think people on the registry no longer have that right will be in for quite a shock when it happens to someone you love or even yourself. The registry controls where you can live, work, and now even has all of your most personal information, like passwords to your computer resources. Not to mention all of the public ostracizing from your good neighbors who treat you like a disease they don�t want to catch. Being on the registry means being a permanent outcast to society.
Well that's wrong.
The majority are not abused by strangers, but rather by someone they know and love (a friend or relative). So it's the people you know, love and trust who you should really be watching... not just those "dirty men and women" on the registry list. Also most abusers haven't been caught yet and so of course they're not on the list.
Also, people think everyone on the list abused kids... not so, those who commited crimes against adults are also on it.
Being registered for life is far too much, as others have said... if the person is that great of a threat then keep them locked up. But those who are honestly trying to change and are successfully managing their urges, 10 years on the list is more than sufficient.
If we must have lists, be fair and require it of other crimes too.
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