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*** History of Sex Offender Legislation ***
The history behind this legislation was prompted by several high profile crimes, Megan Kanka in 1994 for one, but sex offender legislation existed even before that, in a few states. However, it was in 1994 when a campaign was formed to push for the first major legislation regarding sex offenders, Megan's Law: Sex Offender Registration!
Since that day, Megan's Law legislation has significantly broadened its scope. Early on a few offenders challenged Megan's Laws (state versions), on constitutional grounds -claiming it was further punishment-, however, courts held "All was constitutional, (because) legislatures' intent was not to punish, instead, to protect the public."
Courts today -in 2003- have not revisited these questions, but instead have relied upon earlier decisions that it is not unconstitutional. No court has looked at the broadened scope issues! However, a few offenders have recently challenged, a few state versions of Megan's Laws, on new grounds (i.e., a right to a hearing on the question of being declared dangerous before being included in a registry, AND, an interesting Ex Post Facto claim.), and courts seem to be turning and questioning these laws. These cases have resulted in the cases in the US Supreme Court today. Unfortunately the court has denied these two cases, but only because the wording of that state's law didn't fit the issues claimed by the suits.
Registered offenders today, and their families and friends, are overwhelmed by the current scope of legislation, as it carves deeper and deeper into the fiber of their lives. Offenders are fired from their jobs because of being on the registry, housing is getting harder to find as landlords do not want to rent to sex offenders, society subtely denies offenders and their families and nothing can be done about it. The last thing offenders want is, further notoriety, so offenders quietly accept what is happening, wondering when will it all end?
Actually there is an answer to the question, look to history, it began with a campaign for Megan's Law. There are no lobbyists who will lobby to stop this legislation, but it can be changed if offenders, families, and advocates tell their legislators what is wrong with current, or proposed legislation. There are ways to have your voices heard, but change will only be effected if enough voices are heard.
Your opposing campaign for reasonable laws is just as simple, know who your legislators are, then know what legislation is being proposed, then contact legislators (via letters, telephone, e-mails, appear at hearings held on proposed legislation, garner support from your friends to do the same, etc.), use the normal democratic process.
The key to being effective with legislators is, how you respond to them, the words you choose and the tone of your writing, and above all BE CONCISE, don't repeat yourself! While you may want to have all legislation thrown out, you must be reasonable, suggest alternative ways to accomplish THEIR POINT OF VIEW (win-win situations are always best, if at all possible).
Always relevant is a CONCISE DISCUSSION on who the legislation affects, offenders, community, safety, police agencies, local budgets, etc.. Give careful thought to WHO THE LEGISLATION AFFECTS, frequently it is not just the offender, AND, what are the long term effects of the legislation. Some legislation can be a nightmare to administrate, if thats the case, point it out! Be polite!
To establish credibility with legislators, your presentation must be plausible and not merely a complaint! Legislators may not want to hear from the people who oppose legislation, but if they hear nothing, then guess what, that legislation will be law.
Remember, legislators hear arguments in support of what they propose, why not arguments in opposition? That is the democratic process, and thats what gets legislation passed, blocked or changed. There is nothing wrong with a compromise.
HERE IS A SUGGESTED LETTER FORMAT: CLICK HERE
HERE IS A SUGGESTED e-mail FORMAT: CLICK HERE
ACCESS TO LEGISLATURES or U.S. Congress: Enjoy, our page has access to all 50 state legislatures, and U.S. Congress, but that merely gets you to the door. Unfortunately, you will have to learn you way around your specific legislative web site. All sites are different, there is no way to have a tutorial for every site.
Legislation is called, either bills or measures, depending on the state you are in.
Usually state legislatures have a description of "How a bill/measure becomes law," it would be worth your time to read that tutorial.
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REMEMBER, if you do nothing, then what you don't want in legislation, will become law!
Stopping legislation before it becomes law, is better then a court challenge after it is law!
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