03/16/2012
By Karl Dickey
America has become a mishmash of ordinances and laws keeping those who have been released from prison from residing in areas of schools, playgrounds, parks and anywhere children can be found en masse. Some cities have prior offenders not able to reside within 1,000 feet, some 2,500 feet and more. Some ordinances ban prior offenders the ability to go to a public beach. These ordinances are most often put in place because politicians say they "must protect the children."
What is ironic most sex offenders in the database have no interest in children and their conviction could have been for something as simple as urinating in public or two teens engaging in a normal consensual sexual relationship or perhaps 'sexting' one another. This is the result of laws passed based on emotion rather than facts and reason.
Legislators forget or ignore the fact the overwhelming majority of sexual abuse to children happens within a family's own home and by someone that would not have been in the database as they had no prior record. Additionally, according to the California's Department of Corrections and Rehabilitation, 95% of sexual offenders do not repeat their crime. In addition to "protecting the children" mantra, the idea the offenders will repeat their offense flies in the face of reality.
Once a sex offender has been released from prison, he or she must register with their state as to where they are living and that information is put in a central database on the Internet so neighbors can see if any are living in their neighborhood. It is interesting, such a database does not exist for convicted murders or burglars or other convicted felons.
Politicians and mainstream media is to blame for fear mongering the public into thinking everyone in the sexual offender database is a danger to them and their family which is not the case. Politicians would do well to review the most comprehensive study on the issue and change the laws and local ordinances so those who are not a danger to the public are released from such discriminatory databases and are able to lead productive lives.
So, what evidence is there that the public database information is protecting our children? None.
I've asked the same question, many times,as Mr. Dickey asks:
ReplyDeleteWhat evidence is there that the registry is protecting our children?
People who support the public registry are claiming, based soley upon ASSUMPTION, that the registry keeps them safer and needs to be harsher, with more restrictive laws passed each year. The registry itself, is based upon assumption, with the entire policy based upon what some people believe a person MIGHT do. Is that the way our constitution and the laws of our land are supposed to work? Registered offenders are the ONLY citizens in our Country whoes lives are controlled and harshly restricted for life, AFTER serving thier criminal sentence, parole/probation,and paid all fines/restitution. Every other citizen, including a person convicted of MURDER, is not subjected to this form of controll and public vilification. And it is all justified by an ASSUMPTION, of what someone MIGHT do. Anyone who says they can predict, with any degree of accuracy, what someone MIGHT do in the future is full of IT! The stastics regarding registered offenders (TODAY , and not 15 years ago) tell the true facts. The fact that lawmakers, throughout our Country, have chosen to appease the public and ignore supporting justice through our constitution is, in my opinion, a National disgrace.
I just wanted to comment on the fact of no other felony carries as harsh a punishment. Sex offenders, while on probation or parole are required by law to undergo polygraph tests. I know what you are thinking, and yes, polygraphs are not completely admissible in a court of law. The thing is, it is considered compliance to take them. If you refuse, you are sent to prison for non-compliance with sex offender conditions. If you do take one, and are subjected to the most probative and humiliating array of questions, then you are good, unless your test comes back "inconclusive" or "shows signs of deception". If you do this, then it is back before the judge for you, of course, for non-compliance of sex offender conditions (not for failing a polygraph, see the loophole).
ReplyDeleteAfter the polygraph, then you have to take a PPG (penile plethysmograph). This subjects you to whatever twisted, sadistic punishment the "conductors" want to put you through. They put up pictures of underage individuals on the screen while you are forced to listen to a seductive voice describe the ideas of sexual intercourse. Heaven forbid you sit naked in a room, with a condom-like instrument on, listening to a seductive voice remind you of a sexual encounter, and you become aroused. I am surprised they do not shoot you right there for reacting the same way at least 70% of all males would.Anyway, let us say you make it through all of this. They still want to give you a drug test. Really?? If it did not come out on the polygraph, that has to be taken every year (and sometimes twice a year), what do they really think they are going to find? By the way, your neighborhood drug dealer, who steals, vandalizes, intimidates, rapes, and brings a league of unsavory characters to your neighborhood, only has to take a drug test every now and then. This drug test is administered after the probationer has advanced warning of said event, and has time to purge their system. Sex offenders, on the other hand, have to take the test with no warning, and if unable to comply (because of previously urinating) are subjected to a hair test, which they have to pay for. Also, the drug dealer, after completing their probation, can disappear back into society with no restraint or regulation, because they have their right to privacy.
I am going to stop myself right here, because I could go on for hours about the difference between conditions. I started this comment because I know several people who are on probation for drug convictions, DUIs, and B & Es. These probationers do not have to do anything and they get credit for being good citizens, and they go home and get drunk or high to celebrate; that is if they were not already high or drunk when they went to there probation meeting. I believe the potential for the killing or maiming citizens by driving drunk should get the same degree of abuse from the system. I am not if favor of totally doing away with the sex offender registration, just show some semblance of consistency, if you are truly doing this for the safety of the public.
I have a lot more to say on the subject, I just get tired of talking and nothing getting done. I believe there should be justice for everyone and not just an appeasement of the extremely emotional, with a wide spread blanketing effect.
Thank you for your time and patience.
Thank you for this well thought and articulate article about the current status of "sex offender" databases. Elected officials are passing laws that are too broad and do not protect society while at the same time violate the basic civil rights of those on the database. The laws have been passed at a time when no one pushed back. In California we are pushing back by lobbying in support of bills such as AB 625 that would have created a tiered registry and in opposition to bills such as the one passed by the City of Cypress that limits where registrants can live, play and stay in hotles. Come join us at www.californiarsol.org. We can make a difference! And as Dr. Martin Luther King, Jr., said, "Injustice Anywhere is a Threat to Justice Every Where." It's time to speak out!!
ReplyDelete