Jessica's Law: A foolhardy mission?

by: Brian Leubitz

Mon Nov 27, 2006 at 11:22:24 AM PST

  Many politicians, especially Republicans, would like all of society to believe that ALL sex offenders are predators lurking in every corner of our communities ready to jump at every opportunity to abduct and assault our children. They try to twist reality by playing on our worst fears as parents by instigating rage in all of us with assistance from the media by sensationalizing child abduction cases as examples why we should banish ALL sex offenders. The truth, however, is that not all sex offenders are like the ones we see on TV. The great majority of them are first offenders who's offenses are misdemeanors. After all, there is a legal basis why our justice system classifies certain offenses as misdemeanors and that is because they are much less serious than felonies. Check the legal dictionary if you don't believe me. Now, don't get me wrong. I hate sexual predators especially those who victimize children. Like most people, I absolutely believe that these sex predators should be monitored closely upon their release from prison or be it as Jessica's Law put it - sent away to a place where they would not be able to harm children. My beef with this law is that it lumps all people in the registry as a predator and subjects them to a one-size-fits-all punishment.

Jessica's Law attempts to punish again and again and again and again those who committed thier indiscretions decades ago with no regard to the level of seriousness in each offense. Most of these people have paid their debts to society, regretted their mistakes, and have lived law-abiding lives ever since. It must be difficult enough to find steady employment and to live a normal life when your face and private information are posted all over the Internet.  Had these past offenders known decades ago what their lives would be like under Jessica's Law today, most of them might not even have the audacity to commit their crimes. It's plain and simple. You cannot apply today's rules to those who made an error in judgement in a different time.  It's changing the rules in the middle (or in this case, in the end) of the game. That is simply not permitted in the Constitution. As a society, we simply cannot allow these twisted politicians who are using our children and playing with our fears to get elected to get away with these constitutional violations. Imagine what's in store for us if Jessica's Law becomes the precedent. Next thing we know, we'll have new punishments for those who were convicted of DUI, theft, drug-offense, white-collar crimes, etc. Is that what we really want? Sex offense is a hot button issue now with all the media attention, but in a few years another crime will be the focus of modern persecution. Watch out illegal immigrants!

I'm not done. These same politicians who author these crazy laws offer children safety as their primary reason why they do it. Why is it then that they don't try to be just as aggressive in combatting the murder of innocent children in the inner cities of America? Every year, hundreds of children are shot and killed in drug and gang violence in many metropolitan areas, but there doesn't seem to be as much hysteria and call for crackdowns on these senseless killing compare to when one white suburban child is killed by a sex offender. Are the lives of rich suburban children more precious than those children in impoverished areas? There are just as many minority children that are molested and assaulted as their suburban counterparts. We have Megan's Law, Jessica's Law, Adam's Law, but why isn't there a push to have a law named after any of the minority children killed? Perhaps Michael Richards can explain it to us better.

I'm afraid we are becoming a paranoid society paralyzed by our irrational fears over crimes that have not yet been committed. Our corrupt politicians want to punish offenders for their perceived future crimes based on their past records. There is, however, an alternative motive for these politicians to append their names in these stupid laws. It's a great platform for them to win people's admiration and votes come election time. It is something they can brag about to their contituents. Whether these laws actually save lives is questionable. In fact, lawmakers in places like Iowa who pioneered these residency restriction laws are now working to repeal it because it caused more problems rather than provide solutions. Think about it. When you have thousands of offenders who went underground due to the unreasonable provisions of the law, are our children any safer? When you have thousands of deranged, suicidal offenders who's lives and families have been torn to pieces with nothing to look forward to and nothing to hold them back, are our children any safer?

It's time to stop the persecution and allow those who are rehabitable to get their second chance to prove their humanity. After all, we all make mistakes. Some of us are just lucky enough to not have been caught with our indiscretions. Ironically, many of the lawmakers who work so diligently - and hypocritically - to pass these laws are themselves guilty of the very same offenses they are warning us about. I wonder how many more Mark Foleys are out there. Let us concentrate on the most dangerous and deserving of society's wrath and remove these unconstitutional barriers on the minor offenders who have learned their lessons and are trying hard to re-integrate themselves into the society.