• 15
  • April
    2010
Communities' passionate, visceral reaction to sex crimes prompts movements to develop, change and strengthen the laws that would hopefully prevent such offenses to happen in the future.

Currently, the Chelsea King and Jaycee Dugard cases are being used to levy stronger California sex offender laws.

Assemblyman Nathan Fletcher from San Diego is already moving to enact a Chelsea's Law--without even knowing exactly what the law would entail. Likely, however, he says the law would address issues of parole, probation and sentences in sex offender cases. California parole officials have taken it upon themselves to enforce stricter regulation of sex crime parolees in the state after being scrutinized for not having intervened in the Jaycee Dugard case earlier. (Dugard was held captive and hidden in a Contra Costa County home for 18 years).

Megan's Law was named after Megan Kanka, who was 7 when she was raped and murdered by her neighbor. Her case led to the laws that make sex offenders' locations public knowledge and now available from any computer.

Jessica Lunsford was abducted, raped and murdered by a previously convicted sex offender. Jessica's Law mandates longer prison sentences for sex offenders, limits them from living 2,000 feet from a school or park, broadens the population of offenders who are held in custody after serving their time due to mental health reasons and allows offenders be tracked indefinitely when released.

According to sources, sex offender laws assume certain facts about crime prevention unsupported by evidence. For example, it is not a fact that sex offenders choose their victims in close proximity to their homes. Some believe that Megan's and Jessica's Laws, therefore, do less to prevent sex crimes and more to ease families' fears.

Debate over the effectiveness and worth of such laws is difficult to hold because no one wants to belittle the trauma of sex crimes, but more discussion and research must occur to legislate properly and fairly.

While the goal to protect communities is noble, laws should not be made haphazardly in order to remember someone. Not only is the logic behind the laws faulty, but the legislation is expensive. In struggling California, it is especially important that funds are allocated efficiently and responsibly.

Legislating via emotion is ineffective, expensive and has served to violate the privacy of citizens who have already served their time and are trying to live normal lives.

If you have been charged with a crime, you need the help of an experienced criminal defense attorney. Contact a lawyer in your area who can knowledgeably guide you through the legal process and provide the level of fair legal representation you deserve.