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Megan's Law

 

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             While the three tier system is indeed effective, the flaw lies within the fact that this system is only a state law. The federal version of Megan's Law is much less structured, and varies from state to state. Due to this, there is much hesitation concerning the way Megan's Law is implemented. Not all states require active notification; That is, the information regarding sex offenders whereabouts are available to the public, but not publicly distributed. They may be available in the form of a Website, or one may have to go to a local Police Department and request the information. Either way, the information, though readily available to the public, is not given out in all states the way it is in New Jersey. This lack of uniformity with the law is the subject of much dispute. What is the point in having convicted sex offenders registering themselves if people aren't even notified? In order for Megan's Law to truly be effective, the original statutes outlined in the New Jersey version of Megan's law, must be implemented in the Federal Version. .
             Another major problem in the fight for the proper use of Megan's law is the fact that attorneys defending sex offenders are now fighting against Megan's law and sex offender registration, saying that the law is unconstitutional because it violates the Ex Post Facto Clause of the constitution. The clause is simple: it says that no state can increase a punishment after a crime has been committed and a sentence already served. Two defendants who are refuting Megan's Law in Alaska claim that it is violating their constitutional rights, since their crimes were committed in the early 1980's, long before Megan's law was created, and by registering they are being subjected to further punishment. The question put to the Supreme Court is: how fine is the line between protecting the public and prolonging a punishment? Information provided by Megan's Law is already available to the public, in the form of files that are available at any Court Clerks office.


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