Friday, May 17, 2013

OR - Predatory Sex Offender Not Breaking Law By Living Near School

And the vigilante media comes out and turns a non-story into mass hysteria. Must be a slow news week?


Mark said...

This is classic news media "up-sell," "hype." This is especially so when it is a SLOW news week. I would even guess these news outlets get paid ($$$$$$$), for insipid, mawkish, totally useless news stories about some offender living "near" some restricted area. Like this is some critical life changing news story worthy of view. It just goes on-and-on-and-on.

Loneranger said...

In 2011 a bill was introduced to establish a 1000 foot distance from schools and was in committee when the session ended. As always they want to find someone, anyone to make news to show this is a needed law. So looks like they want to fire this up again. A predator might not be a good candidate to live close to a school but Oregon has few that are designated predator and off supervision compared to the 20,000 that are registered in Oregon. One would think they would craft a law concerning the ones that are deemed predator but we all know this is not how they do things. A blanket law has the potential to cast as many as 20,000 families out of their homes as the distance would make most places off limits to live. this was brought up in the public hearing in 2011. Given the registry has been around since 1989 and most are on it for life. one has to wonder if people have moved on with their lives and now have homes and possibly do live close to a school and have for many years with no problems or even a perceived problem. Have or are raising their own children who possibly attend these schools. To pass such a law without a grandfather clause to protect homeowners would be devastating not only to these families but also the economy as it would force them to move with possibly no way to sell their home in this economy. Restricting where a sex offender can live is up to the parole and probations officers but when a person has paid their debt and are released they have their rights back. To restrict where anyone lives is a violation of their constitutional rights as they have already paid the debt and this would be added punishment and control after they have been released. The registry has been deemed regulatory and not punitive. However the spin off laws they create with it are making the entire scheme inclusive and punitive. If this were deemed punitive punishment it would be unconstitutional as well as cruel and unusual punishment. When will Oregon finally hit the tipping point and unravel this entire scheme as it has been so borderline unconstitutional for decades. Given all it takes is for them to cross the line more than they already have to make this no longer just a regulatory scheme and transcend into supervision and a form of probation. Added long after the debt was paid. Supervision is traditionally a punitive punishment making this punitive by nature.