Abstract In this article, the writer notes that keeping children safe from sexual predators today includes the use of communitynotificationlaws to inform the public when sex offenders move into a neighborhood or region. The writer points out that these laws may include direct notification of people in a neighborhood or more general notification by posting names and addresses on a website accessible by all. The writer argues that such laws can help reduce the incidence of sexual abuse of children by putting parents on notice so they can take greater care, though such an approach is not a panacea and will not completely eliminate the threat, only reduce it. The writer concludes that communitynotification creates an opportunity for parents to become more informed and to exercise greater caution regarding the safety of their children.
Outline:
Introduction
The Argument
The Approach
Another Provision
Problem of Notification Efficacy
Conclusion
From the Paper "This sort of response has been extended to other violent felons as well, with more and more communities fighting the placement of parolees in their area and seeking laws involving everything from notification to the right to refuse entry to a released offender to enhanced incarceration beyond the original sentence. Local groups across the country are trying to block former convicts from settling in their communities and are pressing their state assemblies for tougher detention laws and parole conditions. As a result, more and more states are enacting laws that put the interests of the community before the rights of ex prisoners. The most vociferous demands are for notification laws to alert citizens when a sex offender is about to be released into their community. At this time, many states require that local police be notified when a release is imminent, and now the New Jersey law calls for authorities to notify community members as well. In the U.S. Congress, members approved a provision which requires certain offenders to check in with police every 90 days for the rest of their lives. The New Jersey proposal only requires police to notify neighbors, schools, churches, youth groups and the media within 45 days of an ex offender's moving into a neighborhood."
Abstract This paper deals with the problems in implementing Megan's Law also known as communitynotificationlaws for sex offenders This paper lays out in great detail the problems this law presents to law enforcement officers. The author argues that Megan's Law has a lot of flaws and questions that must be addressed.
From the Paper " In the wake of the murder of seven-year-old Megan Kanka by a convicted sex offender, the State passed a series of bills designed to toughen the states handling of sex offenders. These bills Senate No. 13-1994 and Assembly No.85-1994, commonly known as Megan's Law, range in scope from requiring convicted sexual offenders to provide blood specimen's to a DNA database, to studying the effectiveness of the state's treatment center of sexual offenders. These bills address the danger of recidivism by sex offenders. It requires the registration of sex offenders to their local police. If their municipality does not have a local police department, they must register with the State Police. They must verify their address with the police every three months. The most controversial provision of Megan's Law is the community notification provision that provides notification when a sex offender will be let out of prison at least 45 days before they are released. The bills passed both houses by an unanimous vote. It was signed into law by Governor Whitman on October 31, 1994. (Dougherty)"
Tags:community, law, laws, megan, notifaction, offenders, sex
Abstract The paper examines community property law in relation to the separate property of each spouse and the real estate which either spouse acquires. The paper then explains community property versus joint tenancy, the differences in the community property system versus common law marital property system and the community property systems in times of divorce. The paper also discusses the laws of community property with regard to inequities of income splitting, creditors and death of the spouse. The paper shows how community property law promotes equity as well as efficiency but with certain drawbacks.
Outline:
Introduction
Discussion
Conclusion
From the Paper "Everything that a husband and wife possess together falls under Community Property. This normally includes all the debts incurred, money earned and all the property attained during the marriage period. The following are classified as the joint property of a married couple by community property states: (a) any income obtained during the marriage by either spouse; (b) any personal property or real property attained through the income earned during the period of marriage- it includes home, vehicles, appliances, furniture, luxury items, etc; (c) any debts acquired in the course of the marriage. Under the law of community property, everything is owned as well as owed by the spouses immaterial of the fact as to who has spent or earned the income. ("The Ins and Outs of Community Property Law", n. d.)"
Abstract This paper examines the issue of habitual sex offenders and what to do with them when they are released from prison in order to protect the community. It provides arguments for and against laws such as Megan's Law (named for a year-old girl named Megan Kanka, sexually assaulted and killed by a known pedophile that was her neighbor), which allow notification to the community of known sex offenders living in the neighborhood. It argues how although these laws may seem appealing, they raise numerous issues of privacy which, while applying only to sex offenders today, could apply to others tomorrow. They also carry the potential for adverse community action outside the law and can prevent any chance of real rehabilitation.
From the Paper "Once the federal government passed its version of this law, the idea spread and was taken up by states across the country. The federal statute called on states to enact registration and notification laws by September 1997 or lose part of their federal law enforcement funds. In effect, this imposed the idea of a Megan's Law on all states, since none wants to lose this funding. The last of the states to do so was New Mexico, which missed the deadline but which had a law pending in 1998. These laws have been popular, and one poll showed that 89 percent of adults favored such laws. Observers note that these laws are flawed, for they vary greatly between states because Congress did not specify "how, how much, or to whom states must release registration information" (Johnson 9)."
This paper looks at the issue of sex offender notification, making the claim that the rights of potential child rape victims take precedence over the rights of convicted sex offenders.
Abstract This paper argues that communitynotification of the presence of sex offenders in their neighborhoods should be required. Some of the points the writer emphasizes are that a sex offender's right to privacy is surrendered when he commits his first offense and that the rights of normal law-abiding citizens must in the case of sex offenders outweigh the rights of criminals.
From the Paper "In recent years the issue of the safety of potential victims versus the privacy rights of convicted sex offenders has been debated hotly in the media. Emotional reaction runs high when a child is brutally assaulted and murdered. Public outrage multiplies when a repeat offender is the perpetrator. In 1994 Megan Kanka, a 7 year old new Jersey girl was raped and strangled to death by a twice convicted sex offender living in her neighborhood. Shocked response resulted in the passing of what has come to be known as Megan's Law. Since Megan's Law was passed in 1996 all states are required to enact sex offender notification statutes. States have complied in various ways, instituting laws and registries. Databases for at least thirty four states can now be accessed via the internet. The constitutionality of Megan's Law has been argued and re-argued as activists contest violation of individual rights of released perpetrators. Publicity has made it difficult for parole boards and social workers to place discharged offenders. In a few instances neighborhood groups have responded to notification with unprovoked vigilante action. It is the argument of this paper that justification for the notification of communities to the presence of sex offenders far outweighs any counter argument. People should most definitely be notified of sex offenders in their neighborhoods. This notification should not only be attempted but should me aggressively pursued to assure total coverage."
Abstract The paper examines the modern trend in policing which has meant a change in the perception and role of the police in society. Interaction and communication are important today to create trust and cooperation and in solving crimes. According to the paper, in order to provide a more effective and wide-ranging community oriented form of law enforcement, the police and law enforcement authorities should communicate and connect with the public. The paper discusses the idea of marketing through communication relating to the more interactive approach to the function and role of the police in society. The paper concludes that conventional views of communication in a logistical and technological sense is essential for the success of law enforcement procedures and operations. Thus the importance of information and information gathering has assumed an increasing importance in modern times.
From the Paper "Communication in the modern age is an essential part of law enforcement and the control and containment of crime. On the one hand good communication systems and up - to - date communication technology is essential in dealing with modern sophisticated crime. However on another level, what has become possibly more important today is the idea that the police and law enforcement authorities should communicate and connect with the public in order to provide a more effective and wide -ranging community oriented form of law enforcement. This paper will focus on the latter idea of what is meant by the changing role of the police and law enforcement in communication."
Abstract Reviews Durkheim's view that there are essentially two types of law that exist in a society-- repressive law which deals with penal law and restitutive law which consists of restoring relationships, which have been disturbed, back to their normal state.
From the Paper "On the issue of law and how it pertains to crime and society, Durkheim concludes that "crime is necessary" (Durkheim 23). If there were no crime, it would be evident that change was not possible. Crime is both functional and dysfunctional role in society (Durkheim 22). It is functional, or necessary because when crime and deviance are recognized, the community imposes punishment against such behavior. Punishment reminds society about what it should and should not do as well as heightens awareness of the shared moral sensibilities and community identity."
Abstract The paper details the practical experience the writer has gained by working for a public interest community-oriented law firm focused upon advocating social justice. This experience convinces him/her that law firms can ensure justice for all by empowering the victims of injustice. As an intern at this law firm, the writer has seen our attorneys defend the rights of people who have been treated unjustly by landlords, financial institutions, the police, adoption agencies, corporations and businesses. Most importantly, the writer has seen that if public interest law firms don't defend the poorest victims of injustice, no one will.
Abstract This paper investigates the federal legislation around telecommunications with focus on the Telecommunications Act of 1996. The author examines the history and formation of the bill, the people behind its enactment and how this law effects telecommunications. A look at laws pertaining to use of the Internet.
From the Paper "Few pieces of federal legislation enacted during last decade have been as important or as controversial as the Telecommunications Act of 1996, for in addition to bringing federal laws in line with 21st-century telecommunications technology and 21st-century communications habits, the law also sought to set a levy of accountability on the Internet that many people believed was tantamount to a violation of the First Amendment and to censorship ? a charge that the U.S. Supreme Court would later side with when it struck down the "decency" provisions of the law. This paper explores the legislative history of the bill, the interest groups that were in involved in lobbying on either side and an evaluation of the law. "
Abstract Megan's Law requires known sex offenders to register their address with the state in which they live. The basis for the law was Washington State's 1990 Community Protection Act. However, it was the rape and murder of 7 year old Megan Kanka that prompted public demand for comprehensive communitynotification. This paper looks at how since that time the law has come under debate due to its potential violation of first amendment laws and the denial of the right to privacy of the sex offenders. It explores both sides of the issue and supports the thesis that Megan's law is necessary and that notification should not only be pursued, but that it should be pursued aggressively.
Outline:
Elements of the Law The Controversy
Parents vs. Law Enforcement
Where Do We Draw the Line?
From the Paper "The number of known sex offenders in the United States is staggering. The state of New York alone has more than 14,000 sex offenders on its registry (New York Attorney General). The first portion of Megan's law that requires registration is not the source of controversy in recent debates. The law is relatively clear on the registration process. This process is largely under the control of law enforcement. Under the first portion of Megan's Law the types of offenders are divided into three types. They are classified as Level 1 (low risk), Level 2 (moderate risk), and Level 3 (high risk) (New York Attorney General). This portion of the law is uniform across the country. "
Abstract In this article, the writer discusses suggested protocol for officers to consider when death notifications become a part of their responsibility. The phases of death notifications are identified and include what the officer should not do. The writer notes that requiring an officer to make any death notification is difficult but the problem is compounded when the deceased victim is an officer. The writer maintains that line-of-duty deaths are by far the toughest for any law enforcement to deal with. This paper briefly covers the unique circumstances officers must consider when notifying a next of kin after a line-of-duty death. Finally, suggested training techniques conclude this paper. The writer includes personal experiences in the paper.
Outline:
Abstract
From the Paper "One late night around 11:00 am, I was radioed in my patrol unit and asked to telephone police dispatch. During this phone conversation, I was told that our agency was notified by a neighboring state agency in reference to a major vehicle accident in that state. The dispatcher was informed that the mother in the vehicle died at the scene and the father was almost certain to die at the hospital. The daughter of the occupants lived locally and the out of state officer wanted me to make the notification of such a tragic event. The only instructions given to me were to withhold the information about the father's almost certain death.
"Although this event took place over one year ago, I can remember vividly making that phone call, receiving my instructions and making a short drive to the daughter's location that seemingly took an eternity."
This paper reviews the history of Hawaii's Megan's Law, laws aimed at people convicted of sex-related crimes that require communitynotification of the release of offenders and the establishment of a registry of offenders.
Abstract This paper explains that Hawaii's laws regarding sexual offenders have nothing in particular unique about them as they are modeled on successful laws passed in other States, including California, Pennsylvania and New Jersey. The paper states that the Hawaii's Supreme Court struck down Megan's Law, as enacted by the State of Hawaii, on November, 21 2001, because they ruled that it violated due process, right to privacy and equal protection under the law. The author believes that Hawaii made an error in its original version of Megan's Law when it did not contain provisions for allowing convicted sex offenders out of the requirements of registering in a meaningful amount of time.
Table of Contents
History of Registering Sex Offenders in Hawaii
Registering Sex Offenders and Public Access
Known Problems with Offenders Not Registering
Problems with Offenders Housing
Legal Statues
Unique Provisions of the Law Current Stats
Where does Megan's Law Stand in Hawaii / Opposition to the Law Conclusions
From the Paper "The State maintains a database that citizens can access from any county police station headquarters in their area. The database contains information on all those convicted of any crimes, as well as sex crimes. The weak point of the database seems to be that if your sexual crime was not committed in Hawaii, there seems no provision for accessing information about the person or the crime. The computers are accessible during normal business hours Monday through Friday. The State used to have a website that could be accessed but because Megan's Law, as it was written by the Legislature in Hawaii, was struck down by the Hawaiian Supreme Court that web site has go off line. The Legislature has sense rewritten the law. According to the State's official governmental website you can still access the information on line but when you click on the link you go to a page that says it is still under construction."
Abstract This paper reviews labour laws in the United Kingdom and Canada in relation to wrongful dismissal and unfair dismissal. It assesses relevant cases to compare and contrast the situation in the two countries. It also discusses remedies available.
From the Paper "This research compares and contrasts remedies for wrongful and unfair dismissal that are available to employees in the United Kingdom ..."
This paper examines the effectiveness of community policing in which police officers and members of the community come together in a collaborative effort to identify and solve the problems of crime, societal disorder and disturbances.
Abstract This paper focuses on the various benefits of adopting a community policing approach. Community policing is considered one of the most effective strategies available to reduce neighborhood crimes, create a sense of security and reduce fear of crimes among the citizens. Combining the efforts of the police department, the members of the community and the local government can help in the accomplishment of all these objectives to develop a healthy and clean society. This paper details the history of community oriented policing (C.O.P) which has become the new model of law enforcement replacing the traditional para-military style of policing. This paper also discusses the various supporters of community policing who firmly believe that this approach has enough potential to serve as a model for remarkable reforms and improvements in the entire system of policing and justice. The writer of this paper also examines the downside to this particular approach of law enforcement. The primary reason for the failure of C.O.P in some situations is the unwillingness of the community members to cooperate with the police officials, the lack of support from the police department itself or the absence of a proper policing system.
Table of Contents:
Introduction
Keeping a Balance
A New Model of Policing
History of Community Policing
Supporters of Community Policing
Criticism on C.O.P
Implementation Challenges of COP
Conclusion
References
From the Paper "A number of studies were conducted in order to find out the cause of the problem and to define the solutions for it. Studies revealed that the traditional practice of continuous patrolling and other highly reactive approaches to combat crime has not helped in any way to reduce the crime rate prevailing in the society. These circumstances lead to the recognition on the part of the government that problems relating to crime fighting and the problems relating to the relationship between the police and the community are interrelated. In 1967, the President's commission on Law enforcement and administration of justice proposed that a new kind of police system should be introduced. In the later years this proposal provided the ground for the establishment of a new model for policing. The philosophy being adopted to develop this model was focused on creating a law enforcement system, which tries to bring the police and the general public in close relationships and provides the police department an opportunity to solve the community problems."
Abstract This paper examines the Communications Decency Act of 1996, arguing that it should be rejected because it represents the hidden agenda of a radical Christian Group, the Christian Coalition. The paper argues that this act would restrict free speech that is protected by the U.S. Constitution and that its primary purpose is to restrict pornography. The paper further argues that the Christian Coalition should be rejected as a whole because it is an extremist organization that would end freedom and democracy as we know it.
Outline
The Communications Decency Act (CDA)should be rejected because it is not a useful piece of legislation.
The CDA will impose radical changes to existing law.
Will impose broad restrictions on speech protected by U.S.
Constitution.
Will give communications providers an open ticket to censorship.
The CDA promotes a hidden agenda created by a radical Christian
group.
The CDA is an attempt to restructure existing laws to reflect the ideas of one specific group.
The CDA is an attempt to impose guidelines on an unregulated form of communication.
Legislation against the America way.
Exposing the Christian Coalition and it's true agenda in proposing the
CDA.
Main purpose of the CDA is restricting pornography.
Will end of free speech in electronic form.
The CDA will criminalize First Amendment protected communications.
Communications deemed "lascivious" or "indecent," in any form will be a crime.
Greater restrictions on pornography will cause censorship in our free
society.
The best of intentions: the worse results in conclusion.
Review of the major issues
Christian extremist views exposed
Will rewrite the First and Fifth Amendments to the Constitution.
Reject the CDA as a whole.
Lack of vision by an extremist organization.
Will end free society, as we know it.
From the Paper "The Communications Decency Act of 1996 (CDA) is going to take your right to free speech and privacy away. This document, signed into law by President Clinton, if upheld by the Supreme Court will completely rewrite free speech laws as we know them (Kniffel 1). Basically, free speech will become a thing of the past. Furthermore, it will give communications providers across a wide spectrum the authority to censor any questionable material that passes through its communications links."
Tags: morality, internet, online, communications, implications, evangelist, pat, robertson
