After reading the case, the different arguments on both sides of the issue, and what the opinion and descent of the courts ruling is, this matter
needs to be given thought about an issue that is slowly growing in the United States, and the different ramifications of this law, and I have lived in
California and seen a court case that appeared, and took notice of it, this may or may not have relevance on the topic at hand.
The problem ultimately with the entire sex offender registry is that it is too broad under the law, as it leaves open too wide of definition where any
one thing can get a person on it. These range from acts of public indecency, to sexting, to rape, child molestation, to any number of other crimes,
where sex is a factor involved, and any one person can be charged with that crime and have to register. This means a high school student who is 17,
the age of consent, who dates and has sex with a girl who is 15, or any number of the teenage girls that send nude photos to their boyfriends, can be
charged and forced to register as a sex offender and would be subject to this law. The laws that force a person to register, are too broad by its
very nature, and often leaves the question, how long do we punish someone who has done their crime?
In the country as it stands, the understanding is that a person accused and convicted of a crime, goes to jail or prison, does his time there, and is
released, having served his sentence, and then is said to have paid his debt to society. But society often continues to punish the individual, making
them a pariah and forcing them to offend and commit another crime, thus returning back to jail or prison, and thus starting a very vicious and cruel
cycle that neither helps the person or society. Nor too is there any means to help and treat these individuals,. Society, as civilized and advanced
as we are, still goes by the age old saying, an eye for an eye, and a tooth for a tooth. If we did that, then the world would be just a bunch of
toothless blind people running around.
But there are many problems and issues with crime, punishment and what to do with the criminal after they are released. Another problem is that the
prisons and jails are no longer a deterrent, they are not the scary horrible places that they once were. Oh they are dangerous, of that it is true,
but it is not enough to keep people on the straight and narrow path. Jails, from what I have heard by people who work in them and have been in one,
are pretty much a controlled place, with some luxuries of life, and no freedom to come and go. It is a mini world of its own, with its own set of
rules and social behaviors, and cliques. Many of these came from different prison riots and changes, cause society thought that the punishments were
too harsh on the individuals, so many prisoners are not getting the help that they need and are getting the things that they do not need. Too many
things are taken for granted, and very little in the way of punishment. We may all think that Sherriff Joe Arpaio is a bad sheriff, but ask yourself
this, if all jails and prisons were ran the way he runs his jail, very strict, with a meal that many would not want to eat, and shamed for being
there, would you or any one want to go and be there? I would not, as it is not a nice place, with no luxuries like TV, and the bare minimum in the
way of things that can be done, and as long as he keeps it that way, many of the people who get sentenced there, do not return back to his jail,
preferring to live else where if they want to continue with the actions that got them there in the first place.
Now some here suggest imprisoning a person for the rest of their life for a crime, but is that fair to do that? Yes they did commit a crime, but does
the punishment fit the crime? The nature of the punishment should fit the crime, and a first time offender should not be punished to harshly, and
there are instances there the person made a mistake, admits it, serves his time and then is a model citizen. There is a case where this happened, the
guy molested a girl, went to prison and served his time. He got out, kept a very low profile, got married, had a child, had a business, and was the
model citizen of the town he lived in. It was then later on that it came out he did molest a child and now he is ostracized by the very community
that he lives in, even though he has not done anything for 15 years. 15 years of hard work, of being a good law abiding citizen and because one
person had a grudge against him in short ruined his life, is that fair? Or how about the 3 people up in Oregon that were killed. These three, yes
did molest children, went to prison, served their time. They lived away from the city, kept a very quiet life, abided by all of the rules, some one
found out what they did, and went and killed all three one evening. There was no call for that, as they did not want to go back to prison, yet
someone decided to play judge, jury and executioner all at the same time, without giving them the benefit of the doubt. This is neither fair, or
legal or civilized.
Now I mentioned a court case that I heard about while living in San Diego, and this has direct bearing on the topic at hand. While the people
involved were not accused of being a sex offender, it does point out the problem with setting up a town where there are no children. In this case, a
family of three (Father, Mother, and Child) moved into a community, renting a house from an elderly person, then later purchased it. There was one
problem, as it was a retirement community, and then they were asked to leave, and thus starting a law suit, claiming discrimination. Setting up a
community may seem like a good idea, but what all do you do, when the community looks safe and a good place to raise a family, and protect those
inside from those wood be vigilantes who have taken it on themselves to enforce a warped sense of justice?
The solution for this is neither going to be easy or painless, and may seem a bit on the discriminatory side, as the first thing has to be to look at
the laws and redefine what is and is not a sex offender, taking off of the books the non violent crimes for first time offenders, things like the
children to date, the indecent exposure, the lude acts, and other things that can get a person on the registry. This database and registry needs to
be coherent across the country, to include the age of consent to be equal in all of the country, not just one age in one state and one age in another.
Along with that the specifics need to be examined, to prevent say a teenager who is one day away from being 18 sneaking into a bar, getting with a
man who is 30 and being punished. Jails and prisons have to be harder and rougher, take out the free exercise equipments and Tvs, get help and
rehabilitation back to help those who committed a crime. Further more, there needs to be a more progressive sentencing standard, first time you get
slapped with a heavy punishment, next time it is twice as bad, that way it starts to reinforce to those who might be tempted not to. Society has to
be more forgiving, to give a convicted person a chance to straighten his life up, by giving him a means to do such, not just to keep punishing him for
the rest of his life, or not allowing him to be a part of society. And finally, as much as it will be distasteful, just maybe there needs to be areas
of a city or community where there can be no children or families with children that can stay, keeping them away, so that way it gives released
convicts a place to stay and try to get their lives in order.