Error with sex offender database

By Justin Doran

I can see the appeal of joining an angry mob: lots of friends, an overwhelming sense of purpose, free pitchforks. Plus, I think most mobs discourage attacking other members, which makes it an obvious choice, especially if they’re a really angry mob. Unfortunately, people who find themselves on the wrong end of a mob aren’t usually given an application. And although most conscionable Americans reserve mass animosity for the appropriate monsters, we are not immune to overzealousness.

A good example of this was New York’s Rockefeller Drug Laws which, while in effect, imposed mandatory minimum sentences of 15 years in prison for the sale of relatively small amounts (two ounces) of certain controlled substances, including marijuana. For many people, the unfairness of this legislation was obvious: Having the same punishment for selling drugs and second-degree murder is absurd. However, there are many more cases of injustice that are buried and forgotten due to a lack of popular advocacy.

The most disturbing, to me, is the growing popularity of sex offender databases. The reasoning behind these projects seems to be that they will provide valuable information to law-abiding citizens who could be in danger. This seems strange to me. Aren’t all criminals dangerous? There are no studies that show conclusively that the sex criminals who are covered under the wide scope of the offender registry are particularly more prone to repeat offenses. Or at least not more than drug dealers or robbers. If the argument is actually that “sexually based offenses are especially heinous,” then why not just keep them in jail indefinitely?

So, assuming the databases are effective, and people do stay more informed on the whereabouts of these deviants, this justification still leaves no room for considering the rights of the criminal offenders. After being convicted of any crime, a person’s professional life is virtually over. We’ve all seen that ominous check box that comes after, “Have you ever been convicted of a felony?”

This seems to be an acceptable punishment to most of us, because it accurately reflects the unacceptability of serious crimes.

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However, we don’t usually deny that a rehabilitated criminal should be allowed to live a normal (although excessively modest) life.

By forcing sex offenders to constantly advertise their past, we invariably prevent them from contributing positively to society in the future. It is the same stigma that creates a perceived need for sex offender databases that also prevents them from forming normal relationships.

And without personal bonds to breed a sense of common humanity, it is unreasonable for us to expect these evidently anti-social people will appreciate their deeply wrong behavior. If we perpetually keep them in a social prison, how can we expect any effort in return?

The Eighth Amendment guarantees that, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” But, if this does not seem excessive, cruel, or unusual, consider this:

In Illinois, if you are convicted of Criminal Sexual Abuse (or most other sex crimes), you can be required to register your name, home address, employment information and current photograph to a searchable online public database for a period of either 10 years or the remainder of your natural life.

Criminal Sexual Abuse is defined as any sexual conduct with a victim that is under the age of 17, and is differentiated from more serious crimes only because the offender is also under the age of 17. Although you would have to run into a pretty cruel prosecutor, or a very protective parent, it’s not a stretch to imagine the circumstances under which this description could apply to you.

People are prone to making monsters, and sometimes rightly so. However, the most compelling monsters are often also the most human. So I think I’ll pass on this angry mob, I’m sure there will be another one along eventually.