Sunday, July 3, 2011

Human, offenders, free, label, beings, Constitutional
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by Hunter-Desportes

Question by Eric S: How is it constitutional to label free human beings as "sex offenders?"?

I'm surprised this issue has not been challened to the courts. Registered sex offender laws appear to violate the constitutional rights and protections of those bearing this label.

It is one thing to punish an individual found guilty of a criminal offense. "You commit the crime, you do the time." For any other severe crime, you face either jail, lethal injection, institution, house arrest, fines, or community service. When the sentence is completed, you are done serving time.

The so-called repeated dangerous sex offender pedophile if barred from living next to a family with kids because of scrutiny from the label, will just becoming a commuting predator, so it solves nothing in the least. If a so-called dangerous sex offender is so dangerous, then he's better off in an institution or correction facility rather than free (with a label).

The problem is there should NOT be a status as "you are free now, but for LIFE you are to carry this label so wherever you buy a home, you nextdoor neighbor may have incentive to hate/fear your presence no matter what your intent". And this results in hate criminal-like activity against the person being labelled. This status should not be there. You are dangerous, you are confined, if you're not, you're free and equal to everyone else around you.

So the registered sex offender laws serve no purpose but to create social exclusion in a free and democratic society and may be found unconstitutional under equal protection act.

In some ways this social exclusion increases the insanity of the person being labeled. And FYI, I'm not a registered sex offender.
On the other hand, if being labelled a "registered sex offender" but otherwise free is necessary, then it should be considered a form of serving time for a crime, and decided by a jury/judge. When that time expires, the label should be removed.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws".[
*The registered sex offender's right to privacy is violated when the place he/she chooses to live and pay rent results in undue harm to that person based on public awareness of his/her personal identity status."
Karen C: Explain what you mean...Bandaids on crater-sized laws? I liked where you were going with this. The idea that we need to take a more human approach to dealing with people so they become better citizens from the start, right?




Best answer:

Answer by DC Maximus
You posed the question. It is up to you to tell us how and why it is unconstitutional. And you have not done so. The fact is that it does not violate any provisions of the US Constitution.





What do you think? Answer below!
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