Sex Offenders Question Bans

Posted by Moonage on 22 Aug 2005 | Tagged as: National Politics

Sex offender Steven Elwell thought he had paid his debt to society. He lost his job as a teacher and served a year in prison for having sex with a 16-year-old female student.

Now, after three years on the outside, Elwell wants to move his wife and two children into a bigger home. They must find a house, though, that’s not encompassed by sex offender-free zones being established by communities across New Jersey.

Elwell, who now makes his living owning a pizzeria, doesn’t expect sympathy. But he argues the ordinances are too broad, providing a false sense of security at the expense of ex-cons already kept on a tight leash by Megan’s Law, the pioneering New Jersey sex offender registry law.

A growing number of critics agree with him.

Restricting where sex offenders can live is misdirected and may be unconstitutional, say civil liberties advocates, defense attorneys and experts in the field.

"These laws have absolutely nothing to do with the protection of children and everything to do with scare tactics, cheap political points and an anti-intellectualism that is driving public policy today," said John S. Furlong, a defense attorney who brought the first court challenge to Megan’s Law.

I expected this, so it’s not a surprise.  However, I don’t think it’s going to fly anytime soon.

You’re right, Furlong.  It has nothing to do with the protection of children.  It has everything to do with giving the parents the ability to protect their own children.  There is a difference.  But, it’s an important one.  Parents feel an obligation to protect their child.  Children on the other hand, don’t fully understand the perils that are out there.  Telling a small child that a certain adult is a pedophile means nothing to a small child  If a child gets molested without a lot of trauma, there is the chance they will for the most get over it over time.  However, that incident is even more traumatic to the parent.  The parent is the one that feels they have failed to protect their child.  It is the parent that will most likely never get over it.  It is the parent that needs to know what dangers lurk in their neighborhood.  Megan’s Law is not just about protecting children, it is about giving the parent information they need to protect their own child.  Furlong can argue his logic till hell freezes over.  But, until he undertands that very simple concept of a parent’s instinct of trying to protect their child, he’ll lose every time.  I know based on his argument he’s already lost me.

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2 Responses to “Sex Offenders Question Bans”

  1. on 22 Aug 2005 at 4:09 pm 1.Bryan Kerwick said …

    The solution is not to track these creeps or ban them from certain areas. The answer is to put them in jail for LIFE without chance for parole.

    These aren’t reformable folks. Child molesters have the highest rate of recidivisn, approximately 90%, and do not deserve another chance at raping another child.

    Furthermore, they should be put in general population and deal with the convicts. Cons look at child rapists as the lowest form of existance and usually kill them while in custody.

    That is the only solution since rehabilitation is not possible. First offense must be mandatory 25 to life with no chance of parole. Unfortunately, there is no other solution.

  2. on 14 Nov 2005 at 8:22 pm 2.criminal background check said …

    great article very useful information.

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