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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27436
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is writing a paper for a sociology class in college

Customer Question

My son is writing a paper for a sociology class in college and needs to get more information about the following subject: Should previously convicted sex offenders be required to register with local law enforcement? He has gotten views from supporters of victims from CASA and the Garth House. However, he needs views from defense attorneys and those who have represented the perpatrators as to whether or not they actually believe they should be forced to register.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Chat Conversation Started
FranL :

Hello,

FranL :

This question, like most legal questions is not a black and white issue. Nobody believes that a sexual predator should have unrestrained access to young children. However, the sex crime statutes and registration requirements as presently constituted are overbroad, and they catch all sorts of people who aren't in that league, bring shame to their families, restrict their housing and their ability to earn a viable living. Many of the low-level so-called sex offenses is what another generation would consider normal experimentation between two dating teenagers, for example.

FranL :

It's not a particularly popular position in this day and age where everything that used to be considered a rite of passage has become a zero tolerance crime to be anti-registration. But I believe that most criminal defense attorneys would agree with me that as they are presently written and enforced, the registration requirements probably do more harm than good.

Customer:

Along with registering with local law officials, do you think there is anything else that an offender should have to do to remain compliant with all of the legalities of their conviction?

Customer:

Do you feel in your opinion, that if the punishment for those convicted was more severe, it would be a deterrant to repeated offensese?

FranL :

If they are at liberty, they are on probation or parole. That means that there are conditions that they have to comply with that are designed to help keep them from reoffending. Those conditions are made on a case-by-case basis, as they are with all offenders regardless of the nature of the offense. Parole or probation determines these by looking at a defendant's history, criminal and otherwise, and the particular nature of his case. With sex offenders, it has become customary for parolees to submit to lie detector tests to determine if they are doing anything improper. This is not something generally done with other types of offenses, and it is very controversial, though it has been upheld.

FranL :

I'm leaving momentarily to walk my dogs but will be back within 15 minutes.

FranL :

I am not a proponent of lie detector tests under these circumstances. But the standard parole and probation conditions sit reasonably well with me.

FranL :

I am back irf there was anything further that you wanted to ask.