Research Paper on "In 1866, the Civil Rights"

Research Paper 10 pages (3262 words) Sources: 10

[EXCERPT] . . . .

Doe," 2011)

When a child predator was released from prison, they were forced to register on the database with the DPS. The problem began when a convicted pedophile named John Doe, was forced to place his name on this list after becoming a part of the community. However, given the fact that he had paid his debt to society, meant everyone would know about his past (which made it difficult for him to start a new life). Subsequently, Doe filed a lawsuit against the DPS and the regulation itself, alleging that it was violation of the 14th Amendment. As, he was not given due process of law prior to having his name added to this registry (based upon past transgressions). ("Connecticut Department of Public Service v. Doe," 2011) ("Connecticut Department of Public Service v. Doe," 2011)

The Decision

During the case, Doe was able to prevail in U.S. District Court and the U.S. Court of Appeals, with them issuing an injunction against the law. However, once the case reached the U.S. Supreme Court they issued what was known as certiorari. This is when they are sending the decision back to the lower court for judicial review by having them look at the transcripts from the previous proceedings. ("Certiorari," 2011) As, they were having them, wrestle with the constitutionality of the law and the fact that these individuals are having their personal information disclosed to the community.

In a unanimous decision, they reverse the decision of the U.S. Court of Appeals saying, "On the basis that due process does not require the opportunity to prove a fact that is not material to the State's statutory scheme. Injury to reputation in itself, even if defamatory, does not constitute deprivation of liberty." ("Connecticut Department of Public Service v. Doe," 2009) This is important, because it is illustrating how the decision is an affirmation of the law, despite the fact that registered sex offenders are seeing defamation of their character and the disclosure of personal information (based on a previous convictions and sentences that they had served).

The Implications of the Case for Administrative Power and Efficiency

The implications of this case from the perspective of the client is that this is illustrating how those individuals are considered to be threats to the community, as they are not given the same kind of protections under the Constitution. The reason why, is because people such as John Doe may have paid their debt to society. However, over the years many of these individuals are considered to be child predators that have harmed children after they have been released from prison. While at the same time, a number of these people can hide behind various privacy laws and the Constitution to engage in the same kind of activity unbeknownst to the parents.

To level the playing field, the law was designed to give parents the ability to understand the past issues with these people and if they want their children associating with them. As a result, the ruling is indicating that anyone who falls into this category must accept the fact that they will not be given the same kind of protections (due to their past history of abusing children).

From the viewpoint of the administrator, this regulation and the case itself gives them the power to collect and distribute this information to members of the community. This is despite the fact that they are providing everyone with details about individuals who are considered to be registered sex offenders (based on previous convictions).

As a result, this case established the precedent that in certain circumstances administrators have the power to effectively go after these individuals. Therefore, the law is considered to be constitutional because it protecting the interests of the general public by: empowering parents to have the ability to decide who they want their children associating with on a regular basis.

A Comparison of the Two Decisions

When you compare the two decisions with one another, it is clear that both are defining the role of administrators and individuals when they are interacting with one another. In the case of the Cleveland Board of Education v. Loudermill, they are discussing how to effectively deal with issues surrounding the termination of public sector employees. As, administrators do not have the power to collect information and determine if someone should be employed, based upon different facts that they obtained about the person later on.

Instead, they have to give these individuals a chance to a fair hearing and the ability to defend any kind of accusations that were made against them. At the same time, they have to have a pre-termination board of review examine the case and decide if they are using a process that was fair by taking into account all relevant facts.

Over the long-term, this forced many administrators to increase the policies and procedures they are embracing. As, they want to be sure to prevent individuals from having to wrestle with a host of different issues that could have an impact on their property or liberty. In this aspect, one could effectively argue that this case is about giving the individual more control and power under the Constitution. Once this occurs, it means that there must be greater amounts of transparency in balancing out the needs of the individual with that of the information that was collected after they were hired. At the same time, the process must allow staff members the ability to address any kind of information that was collected against them. Where, they will receive some kind of notification and the chance to be able to defend themselves prior to being permanently dismissed from their position.

This is different from the kind protections offered to individuals who are considered to be child predators. The reason why, is because they are viewed as a possible threat to the community. This is based on past transgressions and the fact that many have continued with their activities after they have been released from prison.

As a result, the general public has a right to know of a particular person's past, so that they can make an accurate determination of these facts and if they want their children around them. This is providing the parents with greater amounts of transparency, despite the law providing registered sex offenders with less protection based on past events.

When you compare the two decisions with one another, it is clear that the Cleveland Board of Education v. Loudermill is offering employees greater amounts of protection. This is accomplished by giving them the opportunity to defend themselves against any kind of information that was collected. The main reason is due to the fact that these people have committed no crime and they are not considered to be a danger to the community.

While the Connecticut Department of Public Service v. Doe, is a sign that these protections do not apply to everyone. This is because these individuals have engaged in actions that have harmed children in the past and many continue with their activities after they have been released from prison. Therefore, they are not entitled to the same kind of protections under the law. Instead, the courts found that the public having a right to know about their past transgressions far outweigh any kind of constitutional safeguards they are afford. This is significant, because it is showing how there has been a shift in the way constitutional protections are applied and the impact that they are having on society. As, the Cleveland Board of Education v. Loudermill is illustrating that public sector employees are allowed to defend themselves against information collected against them after they have been hired. While, Connecticut Department of Public Service v. Doe is highlighting how registered sex offenders are not entitled to the same protections based upon previous convictions and the possible threat that they are posing to communities.

Conclusion

Clearly, both the Cleveland Board of Education v. Loudermill and the Connecticut Department of Public Service v. Doe are two cases that are having an impact on the ability of individuals to address information that has been collected (which could be used against them). In the case of the Cleveland Board of Education v. Loudermill, most public sector employees have the right to due process of law through any kind of facts that are obtained about them after they are hired. The reason why, is because they have committed no crime and this is not considered to be a threat to the general public. This means that they must be given the opportunity to explain themselves and the look at the information that their employer obtained.

While, the Connecticut Department of Public Service v. Doe is an indication that the various transgressions of the past of convicted sex offenders are having an impact on their ability remain anonymous in the community. This is because of the overall scope of the crimes that they have committed and the chance that they could… READ MORE

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