As one study on the subject notes, the sexual offender registry is a "… double punishment of sex criminals and is applicable to too many offenses. For example, depending on the area, "sex offenders" can also include those guilty of streaking, burglary, surveillance, and kidnapping" (Does the Sex Offender Registry Offend Justice?).
This view is also supported by groups like Human Rights Watch. They posit the view that while the seriousness of these types of crimes are appreciated, there are a number of variables that have to be taken into account in applying a law like Megan's Law. These include aspects such as the fact that many people are categorized as sexual offenders for relatively minor crimes, and may not in fact pose a continuing threat to society. This has led to the following view; " Unfortunately, our research reveals that sex offender registration, community notification, and residency restriction laws are ill-considered, poorly crafted, and may cause more harm than good" (Major Human Rights Watch report about sex offender sanctions, 2007). Studies also point out that in reality the law infringes basic human rights and many offenders who pose no threat to society are often harassed and even violently attacked. (Major Human Rights Watch report about sex offender sanctions, 2007)
In the final analysis the above argument suggests two central aspects that should be focused on when critically assessing Megan's Law. The first is the view that sexual offences, especially against children, are offences against the very ethical and moral structures of civilized society and are therefore seen in a very serious light. This is also related to the view that the nature of these crimes can lead to negative psychological repercussions in later in life. Therefore, the importance of Megan's law lies in the desire to protect the most innocent and vulnerable in society and is therefore justified on these grounds to a great extent.
On the...
Experts suggest that the law should be reassessed. For example, the Human Rights Watch states that, "Registration laws should be narrowed in scope and duration. Publicly accessible online registries should be eliminated, and community notification should be accomplished solely by law enforcement officials. Blanket residency restrictions should be abolished (Major Human Rights Watch report about sex offender sanctions, 2007).
However, and in conclusion, while there are human rights concerns to consider in certain circumstances, what is of paramount importance is that children should be protected from these criminals. It is felt that while there may be cause for a reassessment of the law, the law itself serves a vital purpose in eliminating this threat from our society. In this sense the rights of the innocent victims must take precedence over the legal rights of the offenders. Every civilized society and legal system has a duty to protect those who are most vulnerable, and therefore the Law as it stands should remain intact, with possible practical amendments.
References
Does the Sex Offender Registry Offend Justice? Retrieved June 4, 2009, from http://www.mcgilldaily.com/blog/1829/entry/19136-does-the-sex-offender-registry
Major Human Rights Watch report about sex offender sanctions ( 2007)
Retrieved June 4, 2009, from http://sentencing.typepad.com/sentencing_law_and_policy/2007/09/major-human-rig.html
Megan's Law, Sex Offenders Nationwide. Retrieved June 4,
2009, from http://www.megans-law.net/
Megan's Law Website: History of the Law and Federal Facts. Retrieved June 4,
2009, from http://www.pameganslaw.state.pa.us/History.aspx?EntireMenu=true&dt=JCHCFDDM4JNGDNGM4Ua
