Thesis on "Sex Offender Registration Requirement"

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[EXCERPT] . . . .

Sex Offender Registration Requirements

The United States of America has a Constitution that guarantees its citizens certain rights and freedoms, among which is the right to privacy. This applies to all citizens within the country's borders. However, this apparently clear-cut guarantee becomes somewhat murky when extending it to former convicts could mean the potential danger of other citizens, and particularly children. To alleviate the potential fears of re-entering a former sex offender into society, these offenders are now required by law to register their names on a list of such offenders. While this requirement is federally sanctioned, it implementation in each State can vary. The issue is also subject to considerable debate regarding its constitutionality, particularly in terms of stipulating the particular type and severity of offense in question. Opponents to the current form of sex offender registration laws believe that these requirements are excessive, while others believe that no leniency should be shown to such offenders. Personally, I believe that sex offender registration should not be necessary in a society whose penal system is of adequate quality. Sex offender registration simply mandates stigma to the name of a person who has indeed be punished and is attempting to reconstruct life as a potential productive member of society. I believe that there are better ways to curb sex offenses in the country.

There are several constitutional concerns regarding sex offender registration in the United States. Most importantly, William Mears notes that registration laws are said to constitute additional punishment to the prison sentence already opposed, in addition to vi

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olating the offender's due process rights. On the other hand, those who propose the registration note that the public has a right to know of potential danger elements to their safety. And indeed, this is a valid argument, particularly if an offender is likely to reoffend. The argument of constitutionality and all its surrounding issues cannot however be discarded without also considering its implications for the Constitution and its application to citizens in general. Removing the rights of a certain sector of criminals, who have finished their prison terms and who are for all intents and purposes regular citizens, could have severe implications for the general application of the Constitution to society as a whole.

Furthermore, the specific legislation surrounding sex offender registration can be viewed as problematic. A letter from Graeme Norton to Gary Breitkreuz of the Canada Public Safety Department for example notes that current legislation does not specify clearly the type of sexual offender that should be registered, nor does it consider the severity of the offense or the likelihood of the offender to recommit the crime. Hence, any person ever convicted of any sort of sex crime could be subject to the registration laws. The letter calls for a clearer distinction in terms of the mentioned factors in order to ensure its constitutionality.

A further point concerns the duration of penalties such as registration after the prison sentence has been completed. Dennis Biancuzzo for example notes that some states require additional measures in addition to sexual offender registration. According to the author, at least 17 states have enacted civil commitment statutes for persons convicted of sexually violent crimes, and who were considered to be "sexually… READ MORE

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Quoted Instructions for "Sex Offender Registration Requirement" Assignment:

“

Opinion whether the legislation regulating sex offender registration/publication is constitutional covering below topics.

-State regulations that are specific to registration of the sex offender.

-Procedural guidelines related to the implementation of the registration/publication program (how long do they have to register? Who pays for registration/publication? etc.)

-What are the penalties for noncompliance?

-Are there Constitutional challenges?

-What are the constitutional concerns?

How to Reference "Sex Offender Registration Requirement" Thesis in a Bibliography

“Sex Offender Registration Requirement.” A1-TermPaper.com, 2009, https://www.a1-termpaper.com/topics/essay/sex-offender-registration-requirements/70293. Accessed 6 Jul 2024.

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A1-TermPaper.com. (2009). Sex Offender Registration Requirement. [online] Available at: https://www.a1-termpaper.com/topics/essay/sex-offender-registration-requirements/70293 [Accessed 6 Jul, 2024].

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[1] ”Sex Offender Registration Requirement”, A1-TermPaper.com, 2009. [Online]. Available: https://www.a1-termpaper.com/topics/essay/sex-offender-registration-requirements/70293. [Accessed: 6-Jul-2024].

1. Sex Offender Registration Requirement [Internet]. A1-TermPaper.com. 2009 [cited 6 July 2024]. Available from: https://www.a1-termpaper.com/topics/essay/sex-offender-registration-requirements/70293

1. Sex Offender Registration Requirement. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/sex-offender-registration-requirements/70293. Published 2009. Accessed July 6, 2024.

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